Labour market performance and migration flows - European ...

Chapter IIIEU Migration Policy towards Arab Mediterranean Countries and its Impact on their Labour Marketsin the framework of migration and integration. 135 The Directive providing for free movement ofthird-country nationals who have acquired long-term resident status (2003/109) is thought to be oneof the instruments which have increased “the pressure on the EU to move towards a commonposition on economic migration” (Guild: 2007. 1).Despite these developments, while progress is made on the integration of third-country migrantsworking within the EU, a structured labour-migration strategy targeting legal economic immigrationand the first entry of third-country migrants for employment activities faced much resistance in the EUCouncil. Therefore, a more concrete approach on how the latter could benefit EU economiccompetitiveness remains underdeveloped. This was particularly evident in the following illustrativecases.In July 2001, the Commission presented a proposal drafting conditions and rules of admission forthe entry and residence of migrants for the purpose of paid employment and self-employmentactivities. 136 Nonetheless, the Commission had to withdraw this proposal in 2006.The difficulty of adopting common legal positions with regard to labour migration among memberstates was particularly conspicuous in the Hague Programme (Carrera: 2007, 4). Indeed, theEuropean Council made clear at this stage that labour immigration was a national competence andthat adopting common legal positions with regard to labour migrants was still far-fetched. Also, in2007, the Commission proposed the adoption of a common sanctions for employers recruitingthird-country nationals without employment permission in 2007. Yet this proposal faced stridentopposition and has not been adopted. 137In sum, the European Commission’s emphasis on developing a common labour migrationframework has been at odds with the desire of EU member states to retain their prerogatives in thissphere and to resist a communitarian policy which would circumscribe or curb national decisionmaking.These inherent tensions at the EU level not only hindered the elaboration of a common EUlabour strategy, but have indirectly got in the way of identifying and responding to labour-marketneeds in the Euro-Mediterranean region.1.3 The interconnectedness between the Global Approach to Migration and economicimmigration since 2005: an integrative or partial process?Since 2005, the interconnectedness between establishing and regulating legal migration channels, amore holistic approach to migration, and a more coherent EU labour strategy with regard to economicimmigration have all been stressed, especially by the European Commission which has activelypromoted the “Europeanisation” and the “continuous reinvention of the European strategy” in thedomain of regular migration (Carrera, 2007: 3).On the one hand, more attention is paid to the need to regulate migration flows in order to fightirregular migration and address challenges linked to European demographic gaps and theirrepercussions on labour markets. For instance, in December 2005, the Commission issued a PolicyPlan on Legal Migration which further set out the roadmap that the EU would embark on in orderto concretise the Hague Programme. 138 The policy plan explicitly addresses policy features and135 Legal instruments are devised to recognize rights such as access to employment and to education/training, and equality of treatment. See for instance council directive 2003/86 on theright to family reunification, council directive 2003/109 concerning the status of third-country nationals who are long-term residents and council directive 2004/83 on minimum standardsfor the qualifications and status of third country nationals. EU legislation on anti-discrimination also endorses this framework (directives 2000/43/EEC, directive 2000/78/EEC).136 European Commission, “proposal for a Council Directive on the conditions of entry and residence for the purpose of paid employment and self-employment activities”, COM (2001)0386 final, Brussels,http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2001:0386:FIN:EN:PDF.137 “Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals " COM (2007) 249 final,Brussels,http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52007PC0249:EN:NOT.138 European Commission, Policy Plan on Legal Migration (2005)1680,169