The nature of the action undertaken by the UN Special Rapporteur on migrant rights . Selected issues and problems

Despite the contribution they make to the life of host countries, migrants are often subjected to inappropriate or often cruel treatment because they are third-country nationals or are in an uncertain situation. The growing interest of the international community in the subject matter of human rights means that particular attention is now being devoted to migrant rights. The activity of the UN Special Rapporteur on migrant rights, who operates within the framework of the so-called Special Procedures established by the Human Rights Coun­cil, plays a special role among the mechanisms of protection of migrant rights in international relations.

Migrating with Dignity: Conceptualising Human Dignity Through EU Migration Law

Human dignity in the jurisprudence of the Court of Justice of the European Union – Human dignity in EU migration law, particularly in the area of asylum law and irregular migration – Requirement of dignified treatment of third-country nationals in the EU – Relationship between human dignity and substantive values such as tolerance, identity, rights, justice, and the law – Human dignity as a moral right, a legal status, and a political status – Human dignity as a moral principle with a legal pedigree, which underpins determinations of the scope of rights of third-country nationals in EU migration law

EU migration policy: modern paradigms

The issue of migration policy of the European Union in the modern world is a researched and discussed phenomenon in scientific circles, as the European Union positions itself as a democratic entity with a liberal orientation, which enshrines and protects the right of every person to freedom of movement, so management aims to ensure this value. The originality of the article is seen in identifying the key stages of formation and development of migration policy of the European Union, the main risks of today, highlighting the need to reform the existing mechanism, proposals for key vectors of development. The article suggests possible ways to minimize existing risks and threats. To investigate this issue analyzed Directive 2011/98 / EC on a single application procedure for a single permit for third-country nationals to reside and work in a Member State and on a common set of rights for third-country workers legally residing in a Member State, Directive 2004/38 / EC of 29 April 2004, Council Directive 2003/109 / EC of 25 November 2003 on the status of third-country nationals who are long-term residents, other international legal instruments on this subject, scientific development, as well as online information resources. The authors of the article made the following conclusions: 1. The migration policy of the European Union needs special attention; 2. Despite the long history of normative and institutional support of migration policy, today there are gaps that provoke negative consequences, which requires immediate reform of migration policy; 3. Formed ways of development: 1) creation of a single asylum system at the EU level; 2) strengthening assistance to those Member States that suffer the most from the effects of migration processes; 3) ensuring the strengthening of the protection of the EU's external border and the fight against criminal organizations that smuggle migrants to EU Member States.

9. The Free Movement of Persons

In this chapter, all aspects of the free movement of persons, including workers, establishment, services, and citizenship will be dealt with together, as, increasingly, case law and, in particular, the new case law concerned with citizenship, applies without distinction across all these categories and new secondary law has also brought many of the statutory rules for all categories of person in line in one place. The chapter covers the legal framework; the scope of the basic rights; the material scope of the rights; free movement of the self-employed; derogations from the free movement regimes; the wholly internal rule; and the treatment of third-country nationals.

Silence Is Not (Always) Golden: A Criticism of the ECJ’s Approach towards Integration Conditions for Family Reunification

Over the past 20 years, integration duties imposed on third-country nationals have spread and become more rigid in EU Member States. They increasingly restrict the conditions for obtaining residence permits as well as the benefit of social rights. These integration conditions take on singular forms and raise particular issues in relation to the Association Agreement concluded between the European Union and Turkey, in particular with regard to so-called ‘standstill clauses’. The present article begins from the A v. Udlændinge-og Integrationsministeriet case and criticises the Court’s silence about the elephant in the room on the issue of integration conditions towards third-country nationals: racial and/or ethnic discrimination. The case is about an integration condition imposed by the Danish Government as a prerequisite for a ‘family reunion’ residence permit for the spouse of a Turkish worker: the spouses must prove that they have a stronger link with Denmark than with Turkey. The solution adopted by the Court of Justice in striking down this integration condition is not surprising. However, its reasoning suggests more tolerance – or even laxity – about the way the concept of integration is used by the Member States. This situation is problematic insofar as these integration conditions, the very principle of which is questionable per se, conceal increasingly discriminatory and exclusionary measures which the Court is reluctant to denounce, as opposed to the European Court of Human Rights.

Migration and mobility of third-country national labour workers to and inside Europe during the Covid-19 pandemic – a legal analysis

The Covid-19 pandemic took most EU Member States of the European Union by surprise, as they underestimated the rapid spread of the contagion across the continent. The response of the EU Member States was asymmetrical, individualistic and significantly slow. The first measures taken were to close down the internal borders. The response of the European Union was even slower, and it was not until 17th March 2020 that the external borders were closed. These actions affected legal migration into the European Union from four perspectives: it affected 1) the mobility of those third-country nationals who were on a temporary stay in the EU Member States; 2) the entry of third-country nationals to do seasonal work; 3) legal migrants entering and staying; and 4) the status of the third-country nationals already residing in the EU Member States, especially those experiencing a loss of income. This article will deal with the measures taken by the EU Member States to manage the immigration services, as a case study how Luxembourg dealt to avoid that temporary staying migrants and regular migrants fall into irregularity. Finally, we will focus on the vulnerability of third-country nationals with the rising risk of unemployment and the risk of being returned to their country of origin. The article will also analyse access to healthcare and unemployment benefits.

4. Freedom of movement for EU nationals

This chapter discusses the law which governs the free movement of people within the EU. As such, it is principally about the movement of EU nationals. The movement of non-EU nationals, known in European law as third-country nationals, may come within the ambit of EU law due to their connection with EU nationals, for instance as a spouse, family member, or employee. The chapter concentrates on the rights of EU nationals and their families to move within the EU, and covers the powers to deport or remove EU nationals. It also considers the possible impacts of Brexit on free movement rights.

Language assitance as a procedural safeguard increasing the legal security in relation to migration

The focus of the present paper lies on the attempt to map the current situation in the field of language/linguistic assistance provided to the third-country nationals detained in the detention facilities of the EU Member States. The author, particularly, stresses out the difficulties in ensuring the professional translation and interpreting services especially in cases of less-spread and indigenous languages that are in most cases mother tongues of the detained nationals. Thus, EU Member States face a formidable task as the obligation to ensure the procedural safeguards listed in the European Convention on Human Rights are guaranteed, and the fundamental rights are protected, and the language assistance is definitely one of them. Respect and protection of fundamental human rights contributes to the elementary sense of safety in all Meber States nationals living in the territory of the EU, even in the third-country nationals arriving into the EU. The present paper is the output of the project of the Academy of the Police Force in Bratislava: Intercultural Communication with the Third-Country Nationals in Detention Facilities (No. 241)