他の欧州諸国からの移民労働者の社会福祉を制限するために、ドイツ政府は、6ヶ月以内に仕事を見付けられない移民は、本国へ国外退去
Berlín limitará el acceso a las prestaciones sociales de los inmigrantes europeos
El Gobierno propone conceder entre tres y seis meses para que los inmigrantes de la UE encuentren un trabajo. Si no, deberán regresar a sus países
Enrique Müller / Lucía Abellán Berlín / Bruselas 26 MAR 2014 - 16:07 CET
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Berlin limit access to social benefits of European immigrants
The Government proposes to grant three to six months for the EU immigrants find work. If not, they should return to their countries
Enrique Müller / Abellan Lucia Berlin / Brussels 26 MAR 2014 - 16:07 CET
The German federal government , who on Wednesday celebrated 100 days in power , has launched a delicate and controversial process that seeks to implement a series of measures to prevent the " immigration of poverty " starring Romanian workers and Bulgarians and especially Sinti and Roma living in these two countries , use the freedom of movement guaranteed by the European Union and thus take advantage of the generous social system prevailing in the German territory.
During a meeting of federal and later to the press office, the Interior Minister Thomas de Maizière and colleague Andrea Nahles Labour presented a 133-page report prepared by a panel of experts from various ministries where it intends to provide within three to six months for immigrants from other countries of the European Union to find a job in Germany. If after that time you have not found a job they should return to their respective countries.
The measure , if eventually implemented as was announced by Minister Maizière plus curb immigration of Bulgarian and Romanian workers also affect other European immigrants , including Spanish citizens who come to Germany to find work.
"This measure is not compatible with EU law ," he told this newspaper, Volker Beck, domestic policy spokesman of the Greens . "Citizens of the EU do not need a residence permit German , since only need to register with the relevant offices. In a free and democratic Europe can not limit the right of residence of EU citizens for the job search. "
The European standard recognizes the right of residence for employees, but not indefinitely. Most of the measures contained in the report are consistent with the wording of the directive on free movement , although depending on how you move into national law may contravene the spirit of the rule .
The Community framework recognizes the Europeans the right to enter and reside freely in any Member State for three months. Thereafter , States may decide to grant this right only to have a job , who have sufficient means to live par (and health insurance ) or for students who also prove sufficient to keep resources. For workers who have become unemployed , they should be given a minimum of six months to find another job. Out of that casuistry , authorities may expel a worker , a possibility hardly used until the crisis came ( and now are turning significantly some countries like Belgium).
More questionable is the legality of banning entry to those who have been expelled for alleged abuse the social system. Both the European standard as the European Court of Justice established that these vetoes must be highly motivated and individual analysis of the risk presented by a given citizen for the system. It is therefore exceptional prohibitions , extend , infringe Community law.
The report of the German scholars , entitled " Legal issues and challenges in the use of social security systems by nationals of Member States of the EU " , and received the blessing of the cabinet, also emphasizes in the fight against social fraud conducted in Germany immigrants arriving from Europe and South East . Experts recommend that people who commit the crime of social fraud should be expelled and punished with a temporary ban to re-enter Germany .
To prevent fraud , the German authorities will ask the requesting social assistance tax identification number , a measure that can ensure, for example , the number of persons in the applicant's family . The panel found that several immigrants have registered their children several times and have even invented their existence in order to collect the call Kindergeld , an aid of 184 euros per month paid by the state to families for each child .
The idea to tighten control of arrival in the country of poor immigrants, who have also been baptized as "social tourists " was born earlier this year in Bavaria , the richest state of Germany, who decided to rescue his political arsenal of the dangerous weapons wing populism to prevent thousands of Romanians and Bulgarians can travel to Germany to find work and at the same time, enjoy the generous social system that offers the country its workers .
Fearing that the inhabitants of these two countries, which, since 1 January this year are entitled to move freely and apply for jobs in other countries of the European Union , wishing to emigrate to Germany to take advantage of aid social, the Bavarian CSU and current member of the grand coalition government , wrote an explosive document that proposed measures that exclude prospective immigrants of German social system , a move that could curb the influx of workers.
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