The Right to Transparency in the External Dimension of the EU Migration Policy: Past and Future Secrets

Author(s):  
Mauro Gatti
2020 ◽  
pp. 203195252096736
Author(s):  
Herwig Verschueren

Directive 2014/66/EU on Intra-Corporate Transfer regulates the temporary secondment of key personnel and trainees from third countries to the Member States of the EU. It is part of the EU external labour migration policy and aims at facilitating this policy by setting up harmonised conditions for admission, residence and work of these migrants, including the right to move and work in another Member State. This article analyses the role and meaning of the provisions in this Directive relating to the employment and social security rights of intra-corporate transferees. They are the result of cumbersome negotiations and the compromises that were reached are ambiguously and inconsistently formulated. First, this article will highlight the relevance of the worker’s employment position for determining the scope of this Directive. Next, it will analyse the role of employment and social security rights in the implementation of the Directive by the Member States. These rights are relevant as criteria for admission, as grounds for rejection of an application, as grounds for withdrawal or non-renewal of an ICT permit and as conditions for short-term and long-term mobility within the EU. Subsequently, this article will scrutinise, in detail, the provisions of Article 18 of the Directive which guarantee equal treatment with the nationals of the host State in respect of employment and social security rights. Special attention will be paid to the interrelationship of this Directive with other EU legal instruments such as the Posting of Workers Directive, the Rome I Regulation and social security Regulation 883/2004. It concludes that the complicated and contradictorily worded provisions on employment and social security rights in this Directive reflect the ambiguity in the perception of the status of this type of migrant worker coming from a third country: are they to be considered as temporary workers or do they really participate in the labour market of the host Member States?


Author(s):  
Diego Caballero Vélez ◽  
Ekaterina Krapivnitskaya

This research addresses the foreign policy strategies of the EU after the 2015 refugee crisis. It investigates to what extent the EU migration policy is part of the European foreign policy. The paper outlines that collective action failure is not provided at the domestic dimension of migration policy and, that in order to overcome it, it is transferred to the external dimension of the EU. It argues that migration, previously considered being part of the state’s domestic affairs, transformed from the issue of domestic policy to the foreign one. Thus, the authors study the interconnection between migration and security as a key element for understanding this “foreignization” process. The development of close cooperation with third countries in the field of migration regulation has become one of the priorities of the overall migration policy of the European Union. However, the EU has not gained much success and migration crisis even more clearly indicated the need to develop an external dimension to the management of migration processes, but on a more pragmatic approach that would ensure the EU’s security interests. The basis for the external dimension of EU migration policy is relations with third countries and linking development assistance with security and border protection issues. The paper analyses EU parliamentary debates before and after the 2015 refugee crisis, by doing so, the interconnection between migration and security is assessed leading to a further understanding about the EU migration “foreignization process”.


Author(s):  
Anna Elia ◽  
◽  
Valentina Fedele

The paper aims to verify the reproduction of ‘modern coloniality’ through externalising the European borders in Tunisia, Morocco and Algeria, focusing particularly on its discursive and practical articulations. Crossing Critical Border Studies’ approaches and an analytical view on the policies and agreements supporting the externalisation politics, we have tried to trace the evolution of the external dimension of E.U. migration policy from the perspective of both the countries of the Francophone Maghreb and of the member states of the European Union. The results show that beyond the rhetoric of the global approach to externalisation of borders adopted by the EU, Maghrebian states have implemented forms of resistance and accomplishment to make their global political agenda prevail over E.U. attempts to manage the Mediterranean governance migration.


2021 ◽  
Author(s):  
Franziska Böhm ◽  
Ingrid Jerve Ramsøy ◽  
Brigitte Suter

As a result of the refugee reception crisis in 2015 the advocacy for increasing resettlement numbers in the overall refugee protection framework has gained momentum, as has research on resettlement to the EU. While the UNHCR purports resettlement as a durable solution for the international protection of refugees, resettlement programmes to the European Union are seen as a pillar of the external dimension of the EU’s asylum and migration policies and management. This paper presents and discusses the literature regarding the value transmissions taking place within these programmes. It reviews literature on the European resettlement process – ranging from the selection of refugees to be resettled, the information and training they receive prior to travelling to their new country of residence, their reception upon arrival, their placement and dispersal in the receiving state, as well as programs of private and community sponsorship. The literature shows that even if resettlement can be considered an external dimension of European migration policy, this process does not end at the border. Rather, resettlement entails particular forms of reception, placement and dispersal as well as integration practices that refugees are confronted with once they arrive in their resettlement country. These practices should thus be understood in the context of the resettlement regime as a whole. In this paper we map out where and how values (here understood as ideas about how something should be) and norms (expectations or rules that are socially enforced) are transmitted within this regime. ‘Value transmission’ is here understood in a broad sense, taking into account the values that are directly transmitted through information and education programmes, as well as those informing practices and actors’ decisions. Identifying how norms and values figure in the resettlement regime aid us in further understanding decision making processes, policy making, and the on-the-ground work of practitioners that influence refugees’ lives. An important finding in this literature review is that vulnerability is a central notion in international refugee protection, and even more so in resettlement. Ideas and practices regarding vulnerability are, throughout the resettlement regime, in continuous tension with those of security, integration, and of refugees’ own agency. The literature review and our discussion serve as a point of departure for developing further investigations into the external dimension of value transmission, which in turn can add insights into the role of norms and values in the making and un-making of (external) boundaries/borders.


2006 ◽  
Vol 3 ◽  
pp. 100-117
Author(s):  
Agnė Tonkūnaitė

The purpose of this paper is to explore and analyse the situation of labour mobility in the European Union - how Belgium and Lithuania deal with and promote the right of free movement of workers in the EU. The review of migration policy in Europe and specifically in Belgium and Lithuania is presented in the first part of the paper. The research is presented in the second part of the paper. The purpose of this research is to find out and compare the experiences of Belgian and Lithuanian people who were working or are working in another European country than their own. The qualitative research approach and semi-structured interviews were used in this study. The clear list of issues and questions were prepared to interview both Belgian and Lithuanian people who were working or are working in another European country. The interviews conducted with both Belgian and Lithuanian citizens, working (high) skilled work (projects managers, project coordinators, doctors, scientists) reveal their migration purposes and advantages of living and working in a foreign country.


Author(s):  
Jolanta Szymańska ◽  
Patryk Kugiel

Since the refugee crisis of 2015, European institutions and governments strengthened policies to better manage migration flows and protect EU’s external borders. In the external dimension, the Union implemented a wide variety of economic, political and deterrence measurers to regain control over migratory flows. Though development cooperation was declared one of important tools for addressing root causes of migration, the externalization of migration management to neighboring transit countries became the main pillar of anti-crisis strategy. Although this policy enabled to essentially reduce the number of irregular arrivals to Europe, it cannot be considered as a long-term solution, as recent developments on Greece-Turkey border reminded. To be better prepared for migration challenges of the future the EU should rethink its development cooperation with the origin and transit countries and include both forced and economic migrants in its comprehensive response. Aid can be a useful tool for the EU if it is used to manage rather than to stop migration.


Author(s):  
N. Bolshova

The paper reviews the EU response to the recent «refugee crisis» through the theoretical lens of restrictive and preventive approaches and the concept of the «external dimension» in EU migration policy. The author examines the EU’s response as an indicator of the effectiveness of current EU migration policy under crisis situations caused by massive flows of migrants. According to the author, the European institutions have not been able to offer quick and effective «European solution». EU is late with the development, implementation of the policy measures as well as with bringing of them to the European public in an appropriate way, allowing to prevent social protests against asylum seekers. As a result the refugee crisis has caused «the crisis of solidarity» in the EU. There is a gap to state between the European values and real readiness of the EU to adhere to them. Instead the strategy of burden sharing between member-states EU implements the strategy of burden shifting on Turkey. The progress made by the EU in the field of communitarisation of migration policy could prevent neither the escalation of migration crisis, nor its negative consequences regarding the interim collapse of Schengen and Dublin systems. In this situation, the return to the intergovernmental approach in regulation of certain sensitive domains of EU migration policy is possible. The nature of the EU response confirms that the «external dimension» of migration policy has been implemented mostly through a restrictive approach, while a preventive approach has been marginalizing.


Sign in / Sign up

Export Citation Format

Share Document