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The Extra-Territorialisation of EU Migration Policies and the Rule of Law

RIJPMA, Jorrit J.; CREMONA, Marise
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: 346016 bytes; application/pdf; digital
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This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have been put to use in order to project EU migration policies beyond the EU legal order, or more precisely to locate the physical control of migration outside EU territory. It categorises different types of extra-territorialisation, ranging from autonomous action by the Community, including Community action which requires third country cooperation, to action by way of international agreements and cases where third countries undertake to align their domestic law with the Community acquis. Starting from the prominence accorded to the rule of law in the EU’s external policy, this paper examines an external dimension of the rule of law which goes beyond the desire to promote this value outside EU territory, and its application to the external dimension of the EU’s migration policy. It highlights challenges for the rule of law posed by the increasing phenomenon of extraterritorialisation in EU migration policy. Practical examples taken from the EU’s visa policy and operational cooperation in the field of external border control serve to support the argument that if the EU is to continue the use of extra-territorialisation as an instrument of its migration policy it must address seriously the issue of ensuring a concomitant extra-territorialisation of the rule of law...

The EC External Migration Policy: The Case of the MENA Countries

DOUKOURE, Ounia; OGER, Helen
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
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Euro-Mediterranean Consortium for Applied Research on International Migration (CARIM); European Commission, EuropeAid Cooperation Office, RSCAS

Improving the EU Immigration System: Reflections in the Light of the Return Directive

OLMOS GIUPPONI, Maria Belen
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This paper focuses on the current state of EU immigration legislation and aims to provide a critical analysis and suggestions for improvement in the future. Over the past ten years, EU Summits have emphasized the need for the adoption of new legislative measures in order to converge to a true European common policy on immigration. Nowadays, the mainstream debate on immigration in Europe focuses on several different topics. On the one hand, there is the need to secure the borders and control undocumented immigration, while on the other hand there is the question of the protection of migrants’ human rights and the improvement of the EU immigration system. There is also a third element, which concerns the EU relations with the immigrants’ countries of origin. I intend to examine the new return Directive in the light of EU law and of international human rights law. This Directive sets out the rules and principles to be applied by Member States in cases of illegal immigration, and the measures to be taken by the EU Members. The Directive covers different areas and it applies to third country nationals who do not fulfil, or no longer fulfil, conditions of entry in accordance with EU legislation. In addition, the paper will discuss whether it is possible for the EU to adopt a policy to contribute to the local development of the countries of origin. Within this framework...

Disentangling the migration and asylum knot : dealing with crisis situations and avoiding detention

TRIANDAFYLLIDOU, Anna
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Outros Formato: application/pdf; digital
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While the control of irregular migration and the return of undocumented migrants to their countries of origin has been a priority in the European migration policy since the late 2000s, it has now achieved a new sense of urgency. The EU is faced with a double challenge: to limit irregular migration while keeping its borders open to people in need of international protection, in line with its traditions as well as with its own international conventions and declarations. Offering asylum to those who are persecuted or are unable to return to their countries of origin includes a set of inter-related challenges. It requires providing access to asylum (notably the information and ability to file a claim), safeguarding the fundamental rights of asylum seekers while their cases are being processed, while also ensuring that the asylum “burden” is shared among member states and that borders remain tightly controlled as regards overall irregular migration flows. This policy paper takes a closer look at these challenges and offers recommendations on how to act upon them. The paper starts with an overview of numbers (of immigration flows, stocks, asylum seeking flows and estimates of irregular migration) so as to put the overall issue into perspective (How large are the irregular migration or asylum seeker flows? How large is the overall migrant population in the EU? What are the trends?). Second...

Facilitating migration between India and the EU : a policy perspective

GUPTA, Pralok
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
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Global migration to the European Union (EU) has expanded significantly since the 1990s and is being considered as an important tool to resolve domestic labour shortages in many of its Member States. Migration from India to the EU has so far not been significant except in the case of a few Member States and a few sectors. Nonetheless, there is a growing trend of Indians emigrating to the EU and the governments on both sides have also started looking at facilitating migration between the two regions. The emigration policies of the Indian Government and the policy orientation of the EU governments towards Indian migrants are important not only in deciding the quantum of Indian emigrants going to the EU but also their choice of destination country within the EU. Policy facilitation is also important for preventing exploitation of Indian emigrants both before and after leaving India.; CARIM-India: Developing a knowledge base for policymaking on India-EU migration; CARIM-India is co-financed by the European University Institute and the European Union

Reaching out : the external dimension of the EU’s migration policy : a comparative study on India and Australia

EISELE, Katharina; WIESBROCK, Anja
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
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This paper seeks to examine the external dimension of the EU’s migration policy by concentrating, first, on the EU’s legal framework in the area of migration followed by an analysis of the policy developments under the GAMM. In a second step, this paper depicts the EU relations with India and Australia, respectively, in terms of migration matters with a view to explore how the EU has defined its current positions towards these two third countries in form of a comparative case study. India and Australia have been selected for an analysis because the migration flows prevailing in each state vary and the level of economic development differs notably. While Australia has always been an immigration country and maintains traditional ties with the European continent, India has only recently emerged as a major country of emigration to the EU. Yet, the EU constitutes a major partner for both countries. Finally, some conclusive remarks are made on the diverging migration rules for third-country nationals from India and Australia.; CARIM-India: Developing a knowledge base for policymaking on India-EU migration; CARIM-India is co-financed by the European University Institute and the European Union

Relationships between research and policy on migration in the European Union : a practice-based analysis

GEDDES, Andrew
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This paper analyses relationships between research and policy at European Union (EU) level about international migration by drawing from the perspectives of migration policy practitioners and their practices. By practitioners is meant those who seek to influence, shape or make migration policy at EU level including officials from EU institutions, national officials, academic researchers and representatives of international organisations, think tanks and NGOs. By practice is meant the socially recognised competence of practitioners. A particular focus is on the relationship between research and policy, or put another way, between the production of knowledge about international migration and the use of this knowledge in policy-shaping and policy-making. Questions include: how are relationships structured between researchers and policy-makers at EU level? How do policy-makers gather and process information? Is there risk of information overload and, if there is, how does this affect the relationship between researchers and policy-makers? Do policy-makers actually listen to researchers? If they do, what do they want to hear? And, do they actually hear it? Is there evidence that research has contributed to the development of shared understandings at EU level? If so...

EU migration law : legal complexities and political rationales

Fonte: OUP Publicador: OUP
Tipo: Livro
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Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.; -- 1. Introduction, Loïc Azoulai and Karin de Vries -- 2. The Lisbon Treaty and the Future of European Immigration and Asylum Law...

Towards a pro-active European labour migration policy : concrete measures for a comprehensive package

Migration Policy Centre Team; BOSCH, Peter
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
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Today, Europe is confronted with a remarkable paradox on its labour market. While many are out of work, there is also a serious need for labour. In addressing labour needs, the first priority for the EU and the Member States will be to reinforce policies directed at getting unemployment down. But given demographic characteristics and labour market realities, attracting skills and talents from outside the EU needs, at all costs, to be part of the policy response. This paper aims to identify a number of concrete measures that could be considered when constructing a pro-active European labour migration policy. The ideas and suggestions presented also aim to contribute to the implementation of the Commission’s work programme 2015 and to the new agenda for migration which the European Commission is to present shortly.; The MPC is co-financed by the European University Institute and the European Union

Three-level games in EU external migration policy : negotiating mobility partnerships in West Africa

RESLOW, Natasja; VINK, Maarten Peter
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
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First published online: 21 December 2014; In order to increase the effectiveness of migration management, the EU increasingly enters into agreements with third countries. Such co-operation aims to engage third countries in migration control mechanisms in exchange for enhanced legal migration opportunities, yet this externalization of migration policy is highly selective with regard to both participating Member States and third countries. In this paper we develop a three-level game perspective to explain why Member States and third countries participate in EU external migration policy initiatives. The three-level game links three sets of actors in two strategic interactions: Member States, EU institutions and third countries. We argue that two factors determine the outcome of negotiations: the cost of no agreement and the autonomy of central decision-makers. The model is illustrated by the successful and failed Mobility Partnership negotiations between EU Member States, the European Commission and, respectively, Cape Verde and Senegal.

International Migration and State Sovereignty in an Integrating Europe

GEDDES, Andrew
Fonte: Int Organization Migration Publicador: Int Organization Migration
Tipo: Artigo de Revista Científica
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This article examines the development of migration policy competencies of the European Union (EU) since the 1990s. It pays particular attention to pot icy framework that developed after the Maastricht and Amsterdam Treaties entered into effect in 1993 and 1999 respectively. In order to chart these developments, the article focuses on five analytical themes that illustrate key trends in EU migration policy. Reasons for and implications of shift from ''pillarization'' in the Maastricht Treaty to ''communitarization'' in the Amsterdam Treaty. Blurring of the distinction between external and internal security. The role that supranational institutions such as the European Commission are playing (or trying to play) in policy development. Debates about migrants' rights in an integrating Europe. Links between migration and EU enlargement. It is argued that far from weakening EU member states or symbolizing some ''loss of control'', EU cooperation and integration have thus far helped member states consolidate and reassert their ability to regulate international migration through the use of new EU-Ievel institutional venues. This raises legitimacy issues as the EU moves into politically sensitive policy areas. Although talk of ''fortress Europe'' is overblown...

EU Cooperation Challenges in External Migration Policy

WEINAR, Agnieszka
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf
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Improving EU and US Immigration Systems' Capacity for Responding to Global Challenges: Learning from experiences; International cooperation on migration is a major challenge for sovereign States in bilateral relations: the inherent contrasting interests between receiving and sending countries put obstacles in the way of bilateral satisfaction and require extra political involvement to overcome any differences. The same cooperation when developed by a supranational organization like the EU1 is even more challenging, as bilateral tensions are topped off with tensions between the national and supranational level. The EU has developed its Global Approach to Migration as a possible way to establish comprehensive cooperation with non-EU partners from the East and the South on a whole range of migration issues, including the fight against irregular migration, legal migration, migration and development, and asylum policy. The approach also had a coordinating effect for internal EU policymaking. There have been, however, four main challenges hampering this policy domain: 1) the limited ability of the EU to define its migration policy with its 27 sovereign States; 2) tensions between the national and supranational level in the EU as regards international cooperation on migration; 3) the diverging interests and priorities of sending regions and/or partner countries; 4) the limited implementation capacities of the EU and its Member States...

Bringing EU Migration Cooperation to the Eastern Neighbourhood: Convergence beyond the acquis communautaire?

HERNÁNDEZ I SAGRERA, Raül; KORNEEV, Oleg
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
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The European Union (EU) external cooperation in the migration field has been mostly developed in Eastern Europe. Indeed, the EU migration cooperation with Russia and Eastern Partnership countries has so far had outcomes in the issue areas of readmission, visas, border management and even labour migration. Policy Tools such as readmission agreements, visa facilitation agreements, FRONTEX working arrangements and Mobility Partnerships are being implemented gradually to the whole East European countries. Some of them have even been proposed to Belarus, a country with no contractual relations with the EU. Being this the state of affairs, this paper's objectives are twofold. Theoretically, it challenges the widespread assumption in the literature that the EU only seeks to Europeanise its neighbourhood, claiming that it also promotes international norms and the conclusion of agreements with third countries. Empirically, it analyses the evolution of the adoption of the policy tools mentioned above in the whole of the Eastern Partnership countries, in order to provide an account of the EU migration cooperation in the area. Special attention is paid to the role that other international actors - namely the International Organisation for Migration - play in the EU cooperation with Eastern Europe.

EU cooperation with third countries in the field of migration

GARCÍA ANDRADE, Paula; MARTIN, Iván
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf
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Study for the LIBE Committee.; EU external cooperation in migration and asylum has increased considerably in terms of instruments of cooperation with third partner countries and of funds committed. With the current refugee crisis, it is poised to increase even further. This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, reflects on the imbalances of EU external action as well as on the lack of evidence on the impact and efficiency of EU funding regarding the objectives of the migration policy, which are sometimes conflicting with the development goals. The study brings forward recommendations for rationalization and coordination of action, more balance between the different components of the GAMM, more transparency for a better evaluation and scrutiny, and a reinforced partnership approach with third countries.

A comprehensive labour market approach to EU labour migration policy

MARTIN, Iván; VENTURINI, Alessandra
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf
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Opening up new legal migration channels' to respond to economic needs for labour is one of the four priorities of the European Commission for its upcoming European Agenda on Migration. The EU approach to legal labour migration has, to date, been very fragmented and limited. It has focused, indeed, on specific categories of potential legal migrants: highly-qualified, intra-corporate transferees, seasonal workers or students and non-remunerated trainees and researchers. The approach is clearly not up to the challenges posed by the EU labour market prospects and does not integrate, in a comprehensive way, all third-country nationals accessing European labour markets, including family reunification beneficiaries, asylum-seekers and foreign students. The main challenges related to the development of a EU labour migration vision are the following. How to articulate intra-EU mobility and international migration to the EU labour market? How to make EU- and Member States legal migration systems and competences compatible? How to ensure that employers can tap workers from a sufficient pool of suitably qualified individuals (and that qualifications obtained abroad are recognized)? And how to reduce international labour matching costs? This policy brief aims to provide some ideas to address those challenges over a medium- to long-term perspective...

Reforming the EU blue card as a labour migration policy tool?

KALANTARYAN, Sona; MARTIN, Iván
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf
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One of the four priorities of the European Commission in its preparation for the European Agenda on Migration was to open up 'new legal migration channels, including the revision of the 'Blue Card' Directive'. This comes after only three years of full implementation of this EU immigration policy instrument (and not even that for some Member States). Meanwhile, in its 2014 Communication on the implementation of the Blue Card Directive, the European Commission had decided not to propose any amendment. However, it should not be forgotten that the Blue Card Directive was not designed primarily for the labour market needs of the EU. Rather, it was run to enhance European competitiveness by attracting highly-qualified third-country nationals, and this under quite restrictive conditions of salary and qualifications. As a result there have been only low numbers of beneficiaries to date: 19,000 in 2012 and 2013 for the whole EU. To develop the Blue Card Directive into a true highly-skilled labour-migration management tool able to respond to current and future labour market needs in Europe, would mean changes in scope, conditions and implementation modalities by Member States.; The MPC is co-financed by the European University Institute and the European Union.

The development of the EU asylum policy : venue-shopping in perspective

KAUNERT, Christian; LEONARD, Sarah
Fonte: Routledge Journals, Taylor & Francis Ltd Publicador: Routledge Journals, Taylor & Francis Ltd
Tipo: Artigo de Revista Científica
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The development of the EU asylum and migration policy is often explained as the result of 'venue-shopping', that is, the move by policy-makers to an EU policy venue in order to avoid national constraints. This article demonstrates that, contrary to what would have been expected on the basis of this widespread view, EU co-operation on asylum matters has actually led to a rise in the legal standards applicable to asylum-seekers and refugees. This outcome can be mainly explained by broader changes that have gradually affected the EU 'system of venues' and have thereby decreased the likelihood of more restrictive measures being adopted in the EU asylum policy venue. This has important implications for the EU governance of asylum and migration in general.

Governance of migration in the EU : home affairs or foreign policy?

Fonte: Martinus Nijhoff Publishers Publicador: Martinus Nijhoff Publishers
Tipo: Livro
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This issue is the outcome of a workshop on "Governance of Migration in the EU: Home Affairs or External Policy?" organised at the European University Institute on 19 October 2012.; Article 79 TFEU contains competences of the European Union to regulate immigration as an integral part of the area of freedom, security and justice. Under this purely internal competence, the Union should establish a common immigration policy aimed at the efficient management of migration flows, fair treatment of third-country nationals and fight against illegal immigration. Over the past decade, the Union has adopted a number of directives under this internal competence. Yet, both prior to the introduction of an explicit Union power to regulate immigration and currently in parallel with this power, the Union and Member States implement immigration policy externally via international agreements with third states and more subtle policy tools. The purpose of this workshop is to break with the conventional understanding of immigration as an internal policy of the Union and to look at EU’s immigration policy form the outside, discussing immigration as an external, as opposed to internal, policy of the Union. The contributors test the external component of immigration as a tool in market integration...

Taking Stock of Recent Migration Flows in the European Union

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Pre-2003 Economic or Sector Report
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Expanded employment opportunities across the continent have been one of the most significant changes to have taken place in Europe during the past 50 years. Since the inception of the European Economic Community in 1957 involving 6 countries (Belgium, France, Italy, Luxembourg, the Netherlands and West Germany) with a combined population of less than 200 million, the European Union (EU) has grown to encompass nearly 500 million people across 27 member countries that produce, in total, about 30 percent of the world's total gross domestic product. May 2010 marked the six-year anniversary of the inclusion of eight countries from Central and Eastern Europe (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, the Slovak Republic and Slovenia) into the EU, followed by Romania and Bulgaria in January 2007. An important consequence of these 10 new member states (henceforth EU10) joining the EU has been to expand the internal EU labor market, albeit to varying extents for nationals of different member countries. Migration flows out of the EU10 following the 2004 enlargement is hampered by various technical and data constraints. As a result...

Migration and Skills : The Experience of Migrant Workers from Albania, Egypt, Moldova, and Tunisia

Sabadie, Jesus Alquezar; Avato, Johanna; Bardak, Ummuhan; Panzica, Francesco; Popova, Natalia
Fonte: World Bank Publicador: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
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The subject of migration, and how best to manage it, has been moving up the policy agenda of the European Union for some time now. Faced with an aging population, possible skills shortages at all skills levels, and the need to compete for highly skilled migrants with countries such as Australia, Canada, and the United States, the European Union (EU) is moving from seeing migration as a problem or a threat to viewing it as an opportunity. As an EU agency promoting skills and human capital development in transition and developing countries, the European Training Foundation (ETF) wished to explore the impact of migration on skills development, with a special emphasis on Diasporas and returning migrants. For the World Bank, the issue of migration forms an integral part of its approach to social protection, since it believes that labor-market policy must take into account the national as well the international dimensions of skilled labor mobility. Both institutions were keen to look at what changes need to be made to migration policy in order to achieve a triple-win situation...