Migration PolicMigration Policies of ies of EU Member StatesEU Member States

George GigauriGeorge Gigauri

International Organization for MigrationInternational Organization for Migration

Kyiv, Ukraine Kyiv, Ukraine

23 September 2008 23 September 2008

EU Migration PolicyEU Migration Policy

There is no single EU migration policyThere is no single EU migration policy; a lot of ; a lot of migration-related areas still remain under migration-related areas still remain under the competencies of Member Statesthe competencies of Member States

The comprehensive EU migration policy, as The comprehensive EU migration policy, as defined by the European Council builds on defined by the European Council builds on the conclusions of: the conclusions of:

1.1. Tampere European Council in 1999Tampere European Council in 19992.2. Hague Programme of 2004Hague Programme of 20043.3. Global Approach to Migration adopted Global Approach to Migration adopted

by the European Councils in 2005 & 2006 by the European Councils in 2005 & 2006

EU Migration PolicyEU Migration Policy

The newest plan toThe newest plan to reinvigorate EU migration reinvigorate EU migration policypolicy was outlined in the EC was outlined in the EC Communication on Common Principles for Communication on Common Principles for the further development of the Common the further development of the Common Immigration Policy: a platform for a new Immigration Policy: a platform for a new European Approach (European Approach (17 June 2008)17 June 2008)..

The main messageThe main message: The potential : The potential contribution to economic migration to EU contribution to economic migration to EU economic development is significanteconomic development is significant

Common Immigration PolicyCommon Immigration Policy

The common immigration policy should be The common immigration policy should be based on three tiers:based on three tiers:

1.1. ProsperityProsperity (contribution of migratory (contribution of migratory movement to economic prosperity)movement to economic prosperity)

2.2. SolidaritySolidarity (cooperation between member (cooperation between member states)states)

3.3. SecuritySecurity (effective fight against illegal (effective fight against illegal migration).migration).

European Pact on Immigration and European Pact on Immigration and AsylumAsylum

The French presidency has launched an idea The French presidency has launched an idea of a of a European PactEuropean Pact on Immigration and on Immigration and Asylum (in July 2008). Asylum (in July 2008).

The textThe text proposes concrete measures in proposes concrete measures in relation to a set ofrelation to a set of common principlescommon principles labelled as “basic politicallabelled as “basic political commitments”.commitments”.

The The five commitmentsfive commitments of the Pact of the Pact are are expresslyexpressly stipulatedstipulated as follows:as follows: … …

European Pact on Immigration European Pact on Immigration and Asylumand Asylum

1.1. … … OOrganirganizze legal immigration to take account of thee legal immigration to take account of the priorities, needs and reception capacities determined bypriorities, needs and reception capacities determined by each member state, and each member state, and encourage integrationencourage integration..

2.2. CControl irregular immigration by ensuring theontrol irregular immigration by ensuring the return of return of irregular aliensirregular aliens to their country of origin or a to their country of origin or a country of country of transit.transit.

3.3. MMake ake border controlsborder controls more effective. more effective.

4.4. CConstruct a Europe of onstruct a Europe of asylumasylum..

5.5. CCreate a comprehensive partnership with thereate a comprehensive partnership with the countries countries of origin and transit to encourage the synergyof origin and transit to encourage the synergy between between migration and developmentmigration and development..

Legal Economic MigrationLegal Economic Migration

Europe is lagging behind in terms of Europe is lagging behind in terms of attracting foreign workersattracting foreign workers, , particularly highly qualified. particularly highly qualified.

On the other hand, member states On the other hand, member states are reluctant to give up their sole are reluctant to give up their sole right to right to control accesscontrol access to their to their labour market. labour market.

Green Paper on an EU Approach to Green Paper on an EU Approach to Managing Economic MigrationManaging Economic Migration

The first attempt to start the debate The first attempt to start the debate over establishing an European over establishing an European economic migration policy was in economic migration policy was in January 2005, which lead to the January 2005, which lead to the drafting of the drafting of the – – Green Paper on an Green Paper on an EU Approach to Managing EU Approach to Managing Economic MigrationEconomic Migration..

Policy Plan on Legal MigrationPolicy Plan on Legal Migration

The The Policy Plan on Legal MigrationPolicy Plan on Legal Migration foresees, in particular, the presentation foresees, in particular, the presentation betweenbetween 2007 and 2009 2007 and 2009 of four proposals of four proposals for directives aimed at responding to for directives aimed at responding to common needs and interests by setting common needs and interests by setting out EU rules for (1) out EU rules for (1) highly skilledhighly skilled and and seasonal workersseasonal workers, remunerated , remunerated traineestrainees and and intra-corporate transfereesintra-corporate transferees.

““EU Blue Card”EU Blue Card”

The “The “EU Blue CardEU Blue Card” is a proposal for ” is a proposal for a Council Directive on the a Council Directive on the conditions of entry and residence conditions of entry and residence of of third-country nationalsthird-country nationals for the for the purposes of purposes of highly qualifiedhighly qualified employment.employment.

““EU Blue Card”EU Blue Card”

The aim of the “EU Blue Card” is to:The aim of the “EU Blue Card” is to:

1.1. Improve the EU's ability to Improve the EU's ability to attract and attract and retainretain third country highly third country highly qualified qualified workersworkers … …

2.2. … … So as to increase the contribution of So as to increase the contribution of legal migrationlegal migration to enhancing the to enhancing the competitiveness of the EU economy … competitiveness of the EU economy …

3.3. … … by complementing the set of other by complementing the set of other measures the EU is putting in place to measures the EU is putting in place to achieve the achieve the goals of the Lisbon Strategy.goals of the Lisbon Strategy.

““EU Blue Card”EU Blue Card”

Workers admitted will be issued a Workers admitted will be issued a residence permitresidence permit allowing them to allowing them to work.work.

““EU Blue CardEU Blue Card" holder will be able to " holder will be able to movemove for work to a for work to a second second Member Member State after State after two yearstwo years of of legal legal residenceresidence in the first Member State in the first Member State.

Fighting Illegal MigrationFighting Illegal Migration

The Hague ProgrammeThe Hague Programme stresses the further stresses the further gradual establishment of the integrated gradual establishment of the integrated management system for external management system for external borders and the borders and the strengthening of strengthening of controls at and surveillancecontrols at and surveillance of the of the external borders of the Union.external borders of the Union.

FRONTEX FRONTEX was formed as the designated was formed as the designated European Agency for the management of European Agency for the management of operational cooperation at the operational cooperation at the external external bordersborders of the Member States of the EU of the Member States of the EU

European Neighbourhood European Neighbourhood Policy (ENP)Policy (ENP)

TheThe ENP is the ENP is the framework for framework for EU EU relationsrelations with the with the countries of Eastern Europe countries of Eastern Europe (incl. Ukraine) (incl. Ukraine) and the and the SouthernSouthern CaucasusCaucasus..

Cooperation on Cooperation on migrationmigration, , visavisa issues, issues, asylumasylum, , border border management and other related economic management and other related economic and social issues feature in all of the ENPand social issues feature in all of the ENP

Partnership and Cooperation Agreements (PCAs) Partnership and Cooperation Agreements (PCAs) form the form the legal basislegal basis of the EC's relationship with of the EC's relationship with the concerned countriesthe concerned countries

In the case of Ukraine there is a separate Freedom, In the case of Ukraine there is a separate Freedom, Security & Justice (JLS) Security & Justice (JLS) Action PlanAction Plan

Cooperation with Third CountriesCooperation with Third Countries

On 16 May 2007, the Commission presented On 16 May 2007, the Commission presented two Communications to strengthen the two Communications to strengthen the external dimensionexternal dimension of EU migration policy: of EU migration policy:

1.1. ““On On circular migrationcircular migration and mobility and mobility partnerships between the European Union partnerships between the European Union and third” and third”

1.1. ““Applying the Global Approach to Migration Applying the Global Approach to Migration to the to the Eastern and South-EasternEastern and South-Eastern Regions Regions Neighbouring the European Union”Neighbouring the European Union”

Circular Migration & Mobility Circular Migration & Mobility PartnershipsPartnerships

There is a clear need to better organiThere is a clear need to better organizze e the various forms of the various forms of legal movementlegal movement between the EU and third countries. between the EU and third countries.

Mobility packagesMobility packages would provide the would provide the overall frameworkoverall framework for managing such for managing such movements movements

… … and would and would bring togetherbring together the the possibilities offered by thepossibilities offered by the Member Member States and the European CommunityStates and the European Community

Circular Migration & Circular Migration & Mobility PartnershipsMobility Partnerships

Circular migration can be defined as a form Circular migration can be defined as a form of migration that is managed in a way of migration that is managed in a way allowing some degree of legal allowing some degree of legal mobility mobility back and forthback and forth between two countries. between two countries.

Practical conditions and safeguards will Practical conditions and safeguards will need to be included to ensure that need to be included to ensure that circular migration meets its objectives circular migration meets its objectives and brings and brings long-term benefitslong-term benefits. .

Circular Migration & Circular Migration & Mobility PartnershipsMobility Partnerships

The two main forms of circular The two main forms of circular migration which could be most migration which could be most relevant in the relevant in the EU contextEU context are: are:

1.1. Circular migration of third-country Circular migration of third-country nationals nationals settled in the EUsettled in the EU

2.2. Circular migration of persons Circular migration of persons residing in a residing in a third countrythird country

Common Visa Application CentresThe establishment of The establishment of common visa application common visa application

centrescentres – like the one opened in – like the one opened in MoldovaMoldova with the cooperation of Austria, Hungary, with the cooperation of Austria, Hungary, LatviaLatvia,, Slovenia Slovenia, , Estonia and Denmark – Estonia and Denmark – could also help to share service provision could also help to share service provision among Memberamong Member States.States.

Furthermore, the regional roll-out of the Furthermore, the regional roll-out of the Visa Visa Information SystemInformation System could be an could be an incentive to incentive to enhanceenhance r representation by Member States epresentation by Member States and the setting up of commonand the setting up of common visa visa application centres in this region.application centres in this region.

Visa Facilitation and Visa Facilitation and ReadmissionReadmission

The The Readmission AgreementReadmission Agreement provides that provides that the third (e.g. Ukraine) must readmit their the third (e.g. Ukraine) must readmit their own nationals and own nationals and third country third country nationalsnationals who entered the territory of the who entered the territory of the other (EU) State concerned coming other (EU) State concerned coming directly from their territory illegally, directly from their territory illegally, having violated the law. having violated the law.

… … in return for in return for visa facilitationvisa facilitation for specific for specific categories of people categories of people

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FOR YOUR FOR YOUR

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