Legal Migration in the European Union
Legal Migration in the European Union
At the end of 2005, DG Employment, Social Affairs and Equal Opportunities Commissioner Vladimír Špidla together with DG Justice and Home Affairs Commissioner Franco Frattini presented the Policy Plan on Legal Migration (COM (2005)669). By presenting this plan, the European Commission fulfilled one of the requirements of the Haague Programme – a long-term working programme of the EU for the area of justice, freedom and security, which was adopted by the Council in November 2004. The adopted Plan serves as a „road map“ for the period of 2006-2009. During this period, the Commission in cooperation with member states will undertake in a coordinated manner a set of requirements divided into four main areas:
- EU legislation (proposals of 5 new directives and possibly also revisions of existing directives)
- non-legislative instruments that improve awareness, strengthen political debates and raise knowledge and information concerning immigration
- measures that further refine the integration of economic migrants into societies
- strengthening of cooperation among the EU and the countries of origin of economic migrants.
In this document, the Commission stressed the need for long-term research of immigration policy, especially in light of its impact on competitive advantage and fulfillment of the Lisbon strategy – we cannot use immigration as a solution to the issue of society ageing. Moreover, the need for a strategic European initiative is accentuated by the fact that if the EU does not have common criteria for admission of economic migrants, their efforts to get around national rules will rise, as well as the number of those, who will enter the EU and work illegally.
Accepting economic migrant is the basis of the policy of legal migration and it is essential to deal with this issue on European level, in order to achieve a significant development of the EU immigration policy. In this document focusing on the main issues the Commission proposes particular measures leading to a gradual harmonization of the area of economic migration. The proposed scope should be defined precisely, avoid excessive bureaucracy, be fully functional, consider the interests of those concerned, while it is essential to focus in great depth on the possible negative impacts on the countries of origin.
With regard to EU legislation, following a number of consultations among the Member States, it was found impossible to adopt one single extensive document comprising of all the categories of migrating workers. The Policy Plan on Legal Migration assumes to propose four directives that would regulate the conditions of entry and residence of particular categories of workers from third countries, and one framework directive that would regulate the set of rights of these six categories of third country workers.
- Proposal for a Council Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State, the aim of which is to introduce the conditions for issuing, or else for a common procedure when issuing a common residence and work permit to third-country nationals, and further to specify the rights of third-country workers who are already residents of a Member State. This single permit issued on the basis of a common procedure should simplify and harmonize the different rules hitherto applied among Member States.
- Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, which introduces the method for accepting highly qualified workers from third countries on the basis of a common definition and criteria: a work contract, professional qualification and salary set above the minimum according to national legislation. The accepted workers will be issued a residence permit, which will also serve as a work permit – a so-called „EU Blue Card“. The Commission also calls for an „ethical“ way of recruiting specialists from developing countries, especially from areas that suffer from a lack of qualified professions. In this way, the Commission aims to prevent unwanted brain-drain. For that purpose, it wants to establish a system to monitor migration of qualified workers with the aim to identify cases of brain-drain.
- Proposal for a Directive on the conditions for entry and residence of third-country nationals for the purposes of employment as seasonal workers, which could allow for issuing a long-term permit (i.e. for 5 years) for a re-entry of migrants for a specified number of months in a year into a particular country. This provision would become a guarantee for the EU companies concerned (when solving the issue of a seasonal lack of workers), as well as for migrants from developing countries (to ensure them their legal status and a regular income).
- Proposal for a Directive on the conditions for entry and residence of intra-corporate transferees, which should contain the rules for employing workers transferred within companies. The Commission would like to simplify the transfers of these workers while their companies relocate within the EU.
- Proposal for an amendment of Council Directive 114/2004/EC (pdf, 62 kB) on the conditions of admission of third-country nationals for the purpose of studies, pupil exchange, unremunerated training or voluntary service by remunerated trainees and au-pairs, who are not covered by a common legal provision.
Given the latest, the Commission believes it to be essential to create the missing provision concerning the conditions for entry and residence of remunerated trainees and au-pairs. Third-country nationals may gain experience and knowledge while being trained in EU, which may lead to “brain circulation”. This will benefit the countries of origin, as well as the target countries. It will be essential to avoid possible abuse; that is to avoid cases where temporarily paid workers would be listed as trainees.
Following the above described the Policy Plan on Legal Migration, the Commission released on 23 October 2007 the first two proposals – The one for the General Framework Directive and the Directive on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. Both proposals were presented by the Commission on 8 November 2007 at a Council of Ministers of Justice and Home Affairs meeting. The negotiations on these two documents were initiated by the Slovenian EU Presidency and were transferred onto the French EU Presidency. The main aim of the French EU Presidency in this area of expertise is to achieve a consensus concerning the Directive on highly qualified employment.
The Czech EU Presidency will be dealing with the finalization of the proposal for a Council Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. In March 2009, proposals will be released concerning the Directive on the conditions for entry and residence of seasonal workers, Directive on the conditions for entry and residence of intra-corporate transferees and a Proposal for an amendment of Council Directive 114/2004/EC on the conditions of admission of third-country nationals for the purpose of studies, pupil exchange, unremunerated training or voluntary service by remunerated trainees and au-pairs.