1. Migration Policies of EU Member States George Gigauri International Organization for Migration Kyiv, Ukraine 23 September 2008

2. EU Migration Policy There is no single EU migration policy; a lot of migration-related areas still remain under the competencies of Member States The comprehensive EU migration policy, as defined by the European Council builds on the conclusions of: 1. Tampere European Council in 1999 2. Hague Programme of 2004 3. Global Approach to Migration adopted by the European Councils in 2005 & 2006

3. EU Migration Policy The newest plan to reinvigorate EU migration policy was outlined in the EC Communication on Common Principles for the further development of the Common Immigration Policy: a platform for a new European Approach (17 June 2008). The main message: The potential contribution to economic migration to EU economic development is significant

4. Common Immigration Policy The common immigration policy should be based on three tiers: 1. Prosperity (contribution of migratory movement to economic prosperity) 2. Solidarity (cooperation between member states) 3. Security (effective fight against illegal migration).

5. European Pact on Immigration and Asylum The French presidency has launched an idea of a European Pact on Immigration and Asylum (in July 2008). The text proposes concrete measures in relation to a set of common principles labelled as “basic political commitments”. The five commitments of the Pact are expressly stipulated as follows: …

6. European Pact on Immigration and Asylum 1. … Organize legal immigration to take account of the priorities, needs and reception capacities determined by each member state, and encourage integration. 2. Control irregular immigration by ensuring the return of irregular aliens to their country of origin or a country of transit. 3. Make border controls more effective. 4. Construct a Europe of asylum. 5. Create a comprehensive partnership with the countries of origin and transit to encourage the synergy between migration and development.

7. Legal Economic Migration Europe is lagging behind in terms of attracting foreign workers, particularly highly qualified. On the other hand, member states are reluctant to give up their sole right to control access to their labour market.

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

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

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

11. “EU Blue Card” The aim of the “EU Blue Card” is to: 1. Improve the EU's ability to attract and retain third country highly qualified workers … 2. … So as to increase the contribution of legal migration to enhancing the competitiveness of the EU economy … 3. … by complementing the set of other measures the EU is putting in place to achieve the goals of the Lisbon Strategy.

12. “EU Blue Card” Workers admitted will be issued a residence permit allowing them to work. “EU Blue Card" holder will be able to move for work to a second Member State after two years of legal residence in the first Member State “EU Blue Card" holder will be able to move for work to a second Member State after two years of legal residence in the first Member State.

13. Fighting Illegal Migration The Hague Programme stresses the further gradual establishment of the integrated management system for external borders and the strengthening of controls at and surveillance of the external borders of the Union. FRONTEX was formed as the designated European Agency for the management of operational cooperation at the external borders of the Member States of the EU

14. European Neighbourhood Policy (ENP) The ENP is the framework for EU relations with the countries of Eastern Europe (incl. Ukraine) and the Southern Caucasus. Cooperation on migration, visa issues, asylum, border management and other related economic and social issues feature in all of the ENP Partnership and Cooperation Agreements (PCAs) form the legal basis of the EC's relationship with the concerned countries In the case of Ukraine there is a separate Freedom, Security & Justice (JLS) Action Plan

15. Cooperation with Third Countries On 16 May 2007, the Commission presented two Communications to strengthen the external dimension of EU migration policy: 1. “On circular migration and mobility partnerships between the European Union and third” 1. “Applying the Global Approach to Migration to the Eastern and South-Eastern Regions Neighbouring the European Union”

16. Circular Migration & Mobility Partnerships There is a clear need to better organize the various forms of legal movement between the EU and third countries. Mobility packages would provide the overall framework for managing such movements … and would bring together the possibilities offered by the Member States and the European Community

17. Circular Migration & Mobility Partnerships Circular migration can be defined as a form of migration that is managed in a way allowing some degree of legal mobility back and forth between two countries. Practical conditions and safeguards will need to be included to ensure that circular migration meets its objectives and brings long-term benefits.

18. Circular Migration & Mobility Partnerships The two main forms of circular migration which could be most relevant in the EU context are: 1. Circular migration of third-country nationals settled in the EU 2. Circular migration of persons residing in a third country

19. Common Visa Application Centres The establishment of common visa application centres – like the one opened in Moldova with the cooperation of Austria, Hungary, Latvia, Slovenia, Estonia and Denmark – could also help to share service provision among Member States. Furthermore, the regional roll-out of the Visa Information System could be an incentive to enhance representation by Member States and the setting up of common visa application centres in this region. Furthermore, the regional roll-out of the Visa Information System could be an incentive to enhance representation by Member States and the setting up of common visa application centres in this region.

20. Visa Facilitation and Readmission The Readmission Agreement provides that the third (e.g. Ukraine) must readmit their own nationals and third country nationals who entered the territory of the other (EU) State concerned coming directly from their territory illegally, having violated the law. … in return for visa facilitation for specific categories of people

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