Future challenges and strategies for the Schengen area. Ponencia 7º forum europeo de juristas....

Dr Eduardo Rojo Torrecilla, Professor of

Labour Law and Social Security Law, Universitat

Autònoma de Barcelona.

http://www.eduardorojotorrecilla.es/

Future challenges and strategies for

the Schengen area

1 7th European Jurists' Forum.


7th European Jurists' Forum. 2


Abstract

Important economic and social crisis in the European Union.

Increasing unemployment. It affects immigrants.

Difficulties in integration policies and social work. Proposed

restriction of rights in some states.

Objectives: To maintain full and effective implementation of

social rights, ensuring the free movement of persons and

workers.


It is necessary to advance the construction of the European legal

framework of immigration, with the approval of the proposed

Directives and full implementation of those Directives already

approved.

The legal framework has to take into account Article 1 of the

Universal Declaration of Human Rights: All human beings are

born free and equal in dignity and rights. They are endowed with

reason and conscience and should act towards one another in a

spirit of brotherhood.


Reality of immigration. Important changes in recent years:

lower presence of inflows, increased legal consolidation of the

immigrant population (due to the fact that these migrants are

authorized to have long-term residence in some EU countries).

Discussion on how to articulate proper immigration policy:

great importance in Spain, Europe and internationally. It is

very difficult to believe that immigration will be drastically

reduced or even disappear even if numerous restrictive and

control measures are established.


Immigration needs to be addressed without the belief that it is

temporary. The reality is that immigration is moving towards

permanency, both for the immigrant and the family who will join

later once they have a right to it.

The link between immigration and labor market remains one of

the most significant features of EU immigration policy.

This policy has to raise medium-term objectives and not be

guided solely by the situation in the short term (because in this

case probably the policy would be too restrictive in terms of

admission of third-country nationals).


Labour migration and its impact internationally. Importance to

the economic future of Europe. EU workforce in progressive

aging process.

Comissioner Lázló Andor “The issue of economic migration

needs to be adequately integrated in these policies and

investments since migrants represent an important share of the

EU workforce”. http://bit.ly/15qu8ck

http://bit.ly/15qu8ck










Labour migration. ILO, October 2012.

http://bit.ly/YyLb4y

“Migration is one of the most complex policy areas for

governments and employers’ and workers’ organizations,

especially in times of economic downturn. The governance of

labour migration is about balancing a host of different issues

and interests.

The rise in irregular migration, which is estimated to range

between 10 and 15 per cent of total international migration,

has been another issue that has dominated the international

migration policy debate in the past two decades”.









Is migration a problem?

Standard Eurobarometer 78 Autumn 2012

Public opinion in the European Union

http://bit.ly/VzA6S8





Only in one country, United Kingdom, immigration appears

among the top three problems, the third (24%), behind

unemployment (40%) and the economic situation (30%).

When respondents were asked what their main concern

was, immigration fell to 12th place (2%)


EU Employment and Social Situation. Special

Supplement on DemographicTrends (March 2013)

http://bit.ly/177j4yO

Net migration as the main driver of population growth in the EU-27

In 2011, natural increase (the positive difference between live

births and deaths) contributed 31% (0.4 million) to population

growth in the EU-27.

Some 69% of the growth therefore came from net migration plus

statistical adjustment, which continued to be the main

determinant of population growth, accounting for 0.9 million in

2011.













Foreign population at 20.7 million and foreign-born

population at 33.0 million in EU-27

The EU-27 foreign population (people residing in an EU-27

Member State with citizenship of a non EU-27 Member State) on

1 January 2012 was 20.7 million, representing 4.1% of the EU-27

population.

In addition, there were 13.6 million people living in an EU-27

Member State with citizenship of another EU-27 Member State on

1 January 2012.



In absolute terms, the largest numbers of foreigners living in

the EU on 1 January 2012 were found in Germany (7.4

million), Spain (5.5 million), Italy (4.8 million), the United

Kingdom (4.8 million) and France (3.8 million).

Non-nationals in these five Member States collectively

represented 77.1% of the total number of non-nationals living

in the EU-27, while the same five Member States had a 62.9%

share of the EU’s population.


It is important to know, by its indirect impact on immigration,

that the average age of the European population was 41.5 years

(from 35 years in Ireland to 45 in Germany). From 0-14 years

represents 15.6% of the population, between 15 and 64

("working population") 66.6%, and 65 and above 17.8%.

In 2012, the average age of foreigners living in the EU was 34.7

years.


European Commission. Communication “The Global

Approach to Migration and Mobility” 18.11.2011.

http://bit.ly/snhjf8

“The Global Approach (GA) must become more strategic and

more efficient, with stronger links and alignment between

relevant EU policy areas and between the external and internal

dimensions of those policies.

The GA should be even more linked and integrated with the EU’s

external policies. The GA is to be defined in the widest

possible context as the overarching framework of EU

external migration policy, complementary to other,

broader, objectives that are served by EU foreign policy and

development cooperation.

http://bit.ly/snhjf8


Migration and mobility in the context of the Europe 2020 Strategy

aim to contribute to the vitality and competitiveness of the EU.

Securing an adaptable workforce with the necessary skills which

can cope successfully with the evolving demographic and economic

changes is a strategic priority for Europe.

There is also an urgent need to improve the effectiveness of policies

aiming at integration of migrants into the labour market.


The GAMM should be based on four equally important pillars:

1. organising and facilitating legal migration and mobility;

2. preventing and reducing irregular migration and trafficking in

human beings;

3. promoting international protection and enhancing the external

dimension of asylum policy;

4. maximising the development impact of migration and

mobility”.


Irish, Lithuanian and Greek Presidencies. 18 monthprogramme of the Council (1 January 2013 - 30 June 2014).

http://bit.ly/10mcG7X

Legal Migration and Integration of third country nationals

“The development of a common immigration policy capable ofcontributing to the EU's Growth Agenda will remain a key priority. Thefocus will be on the completion of the legislative work on theimplementation of the Policy Plan on Legal Migration, including on theproposals on intra-corporate transferees and on seasonal workers as wellas the proposal to amend Directives relating to the admission of studentsand researchers.

Effective integration policies remain a key objective, and in this contextthe implementation of the European Agenda for the Integration of thirdcountry nationals will be further pursued.












Illegal immigration

The fight against illegal immigration through the promotion ofpractical cooperation remains a key priority. The updating of theEU Action on Migratory Pressures - A Strategic Response willprovide a particular focus for this work.

The development of a comprehensive network of readmissionagreements with relevant third countries will remain a keypriority, as well as maintaining the pace of negotiations under wayand identifying additional third countries with which agreementsshould be negotiated.

The three Presidencies will also continue to promote practicalcooperation in the area of return, including in the area ofvoluntary return”.


Other measures recently adopted in the field of immigration

Council Decision No 252/2013/EU of 11 March 2013 establishing aMultiannual Framework for 2013-2017 for the European Union Agencyfor Fundamental Rights. http://bit.ly/15quLTh

Article 2.Thematic areas:

(g) discrimination based on sex, race, colour, ethnic or social origin,genetic features, language, religion or belief, political or any otheropinion, membership of a national minority, property, birth, disability,age or sexual orientation;

(h) immigration and integration of migrants, visa and border control andasylum;

(i) racism, xenophobia and related intolerance.

http://bit.ly/15quLTh









Decision Nº 258/2013/EU and Decision Nº 259/2013 of 13

March 2013. http://bit.ly/164mXEp

The EU contribution may be increased by 20 percentage points in

a Member State provided that it meets one of the following

conditions at the time of submission of its draft annual program in

accordance with Article 19(3) of this Decision or of its draft

revised annual program in accordance with Article 23 of

Commission Decision 2008/457/EC…

http://bit.ly/164mXEp








European Parliament Resolution of 14 March 2013 on the

integration of migrants, its effects on the labour market and the

external dimension of social security coordination.

http://bit.ly/ZBkYT0

“Takes the view that Member States' integration policies and

measures must be better differentiated and tailored and of higher

quality, and, most importantly, that they must distinguish

between the needs of, for example, the well qualified and the

poorly qualified, EU citizens and third-country nationals,

migrants with and without offers of employment and with and

without existing language skills or family ties in the host country,

thus meeting the needs of all migrants;








Emphasises the importance of needs-orientated, qualified

migration accompanied by integration measures, and calls on the

Commission and the Member States, together with their regions

and municipalities, to introduce a joint system of coordination at

European level to identify labour-force needs and direct labour

migration more effectively.

Calls on the Member States, bearing in mind the Community

preference clause and both in spite of and because of the

constant shortage of skilled workers, to promote mobility within

the EU and thus facilitate recruitment conditions, recruitment

itself, and the integration of EU citizens from other Member

States


Notes that labour market-oriented immigration can have

positive effects on the social security systems of the host

Member State, guaranteeing a well-qualified workforce and

enhancing competitive advantage, thanks to cultural diversity

(knowledge of languages, experience abroad, mobility, etc)”.


ENAR. Hidden talents, wasted talents ? The real cost of

neglecting the positive contribution of migrants and

ethnic minorities. 9 April 2013. http://bit.ly/17oU9ba

“Economic contributions:

1. Migrants contribute to European society and economy.

2. Their contributions to the social, cultural and political

aspects have an economic value .

3. Migrants constitute almost 10% of the EU population and

are an integral part of the social fabric of the EU.

4. Migrants are employers who provide jobs to millions of

native Europeans, both directly and indirectly.

http://bit.ly/17oU9ba










5. Migrants contribute significantly, directly and indirectly, to

GDP and trade of European countries.

6. Migrants allow Europeans to consume goods and services at

much lower prices, whether this be in the area of catering,

child and domestic care, tailoring, cleaning, gardening,

waste removal or construction, or just in helping

Europeans to foster their energies and attention in other

high added value sectors.

7. Migrants contribute enormously to their countries of origin

by sending home remittances.

8. Migrants provide Europe with a direct link to global

networks and markets.


Restrictive policies on immigration, education and employment

have a direct economic and social cost to the individual, the

community, and the broader society.

They are harming considerably prospects of quick recovery

from the current economic crisis. This needs to be

acknowledged and tackled, so that migrants can participate fully

in society”.


To conclude:

Three major challenges in 2013 to Spain by the Real Instituto Elcano http://bit.ly/11pbH0T

1. Managing the new emigration;

2. The integration of second generation of immigrants;

3. The control of irregular immigration flows that, despite the crisis, continue to come from Africa.

http://bit.ly/11pbH0T




Thank you very much for your attention and patience.

Eduardo Rojo Torrecilla

[email protected]


mailto:[email protected]


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Future challenges and strategies for the Schengen area. Ponencia 7º forum europeo de juristas....

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