01 Aug 2007

An EU Framework on Sanctions against Employers of Irregular Immigrants: Some Reflections on the Scope, Features & Added Value

Elspeth Guild / Sergio Carrera

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In May 2007, the European Commission issued a Proposal for a Council Directive providing for sanctions against employers of illegally staying third country nationals. The measure aims to provide a harmonised EU framework for imposing sanctions on employers for hiring third country nationals (TCNs) who do not enjoy a regular status of stay in the EU. This paper outlines the main contents of the proposal by looking at the obligations and sanctions applicable to the employer, the procedures foreseen for the presentation of complaints as well as the set of guarantees provided to the TCN worker. The authors then assess the rationale, personal scope and context of the measure and analyse its added value and compatibility with some general principles of Community law.