Migration law in Eastern EU neighbourhood


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Executive Training Migration in the EU and its Neighbourhood

Florence, 21 January 2013
by Sergo Mananashvili

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Migration law in Eastern EU neighbourhood

  1. 1. Executive Training “Migration in the EU and its Neighbourhood” Florence, 23 January 2013 European University Institute Migration Law in Eastern EU NeighbourhoodSergo MananashviliMigration Policy CentreCARIM-East Project, Legal Modulehttp://www.carim-east.euhttp://www.migrationpolicycentre.eu www.migrationpolicycentre.eu MPC
  2. 2. EU-EN Cooperation The current MiMo legal framework includes three types of bilateral agreements: 1) PCAs from 90s: each PCA includes:  A non-discrimination clause with regard to working conditions, remuneration and dismissal.  PCAs with AM, AZ and GE include a readmission clause.www.migrationpolicycentre.eu MPC
  3. 3.  In MD, UA and RU PCAs: only a general statement on readmission/illegal migration:  EC-MD/UA PCA: “The Cooperation Council shall examine which joint efforts can be made to control illegal immigration, taking into account the principle and practice of readmission”  EC-RU PCA: “The Parties shall establish cooperation aimed at preventing illegal activities such as: - illegal immigration and illegal presence of physical persons of their nationality on their respective territories, taking into account the principle and practice of readmission” Hence the need for concluding separate readmission agreements linked to VFA agreements and the delay in initiating the same process with regard to AM and AZ.www.migrationpolicycentre.eu MPC
  4. 4. 2) Visa Facilitation Agreements with RU, UA, MD and GE (AM forthcoming, AZ: negotiations) 3) Readmission Agreements with RU, UA, MD and GE (AM forthcoming, AZ: negotiations)www.migrationpolicycentre.eu MPC
  5. 5.  More important in terms of a possible EU impact on migration management systems in EN is the political cooperation in the framework of: i. EU-RU strategic partnership: Common Space on FSJ ii. European Neighbourhood Policy (ENP), iii. Eastern Partnership (EaP), iv. Mobility Partnerships with AM, GE and MD, v. Visa Liberalisation Dialogueswww.migrationpolicycentre.eu MPC
  6. 6. I. EU-Russia Common Space of Freedom, Security and Justice2005 Roadmap:  Exchange information on migration management policies and best practices, and cooperate as appropriate in this field in relation to third countries  Develop an appropriate legislative framework related to migration management2007-2010 Progress Reports  Tacis project to support the development of RU legislation on migration  High level technical meetings between the Commission and Russiawww.migrationpolicycentre.eu MPC
  7. 7. II. ENP: Action Plans and Progress Reports EU-MD-AP: A special sub-chapter “Migration issues”  Exchange of information and best practices on migration and asylum issues and illegal migration;  Improve national legislation on asylum and refugees to bring it in line with international and EU standards;  EU to increase professional level of relevant staff through study of foreign experience and internship in relevant services of EU countries dealing with migration policy;  Approximation of Moldovan legislation to the EU norms and standards. 18 June 2007 Revised EU-Ukraine Action Plan on Freedom, Security and Justice Challenges and strategic aims “Develop an appropriate legislative framework related to migration management.” www.migrationpolicycentre.eu MPC
  8. 8.  UA 2011 ENP Progress Report: “Important shortcomings in the field of migration and asylum remain both in the legislation and in its implementation. Ukraine has to improve substantially its refugee protection and asylum system...” UA 2012 ENP Progress Report: “Ukraine achieved progress in the area of migration and asylum, but it now needs to adopt additional by-laws and to finalise the National Migration Management Strategy. A law on the legal status of foreigners and stateless persons was adopted in September.” MD 2011 ENP Progress report: “The following remain to be ratified: … the International Convention on the Rights of All Migrant Workers and Members of their Families.”www.migrationpolicycentre.eu MPC
  9. 9. III. Eastern Partnership (EaP) 2009 Prague EaP Summit Declaration: “Legislative and regulatory approximation is crucial to those partner countries willing to make progress in coming closer to the EU.” 2011 Warsaw EaP Summit Declaration: The multilateral Platforms will further help advance partner countries’ legislative and regulatory approximation to the EU acquis by allowing exchanges of experiences and best practices. www.migrationpolicycentre.eu MPC
  10. 10.  COM Communication: “Eastern Partnership: Roadmap 2012-13 Multilateral dimension”: Part A.6. Asylum and migrationObjectives: “Facilitate the approximation of standards by stepping up dialogue and exchanging best practice between the relevant authorities in EaP countries, EU MS and international stakeholders on migration and asylum-related issues.”EU Support  Panel on Migration and Asylum, workshops, seminars and studies.  Thematic Programme on Migration and Asylum.  Support of the EaP projects on circular migration and further implementation of readmission agreements.Target/Outcome: “Improved asylum and migration systems of EaP countries, in line with best practices and European and international standards.” www.migrationpolicycentre.eu MPC
  11. 11. IV. Mobility PartnershipsMD:“To strengthen the Moldovan institutional capacity to manage migration. (…) Thefocus should be on legislative actions, institutional and operational development,and the promotion and implementation of migration policies.”AM/GE:“To enhance the capacity to monitor migration, in particular by strengthening(Armenias/Georgia’s) capacity to manage migration, including through deepeninginteragency cooperation and coordination for effective exchanging information, aswell as in the field of improving the legal framework and monitoring itsimplementation, especially through qualified human resources development;” www.migrationpolicycentre.eu MPC
  12. 12. V. Visa Liberalisation Dialogs: Action Plans and Progress Reports The most influential instruments: the adoption of migration legislation and its subsequent implementation belong to the benchmarks of the APs, the fulfillment of which is the precondition of future visa waiver. So far, 3 such dialogues have been initiated: UA, MD and GE. MD VLAP (16/12/2010) Block 2: Irregular immigration, including readmission  “Consolidation of the legal framework for border management including adoption of a new Law on the State Border”  “Consolidation of the legal framework for migration policy, including measures for the reintegration of Moldovan citizens and the fight against irregular migration”  “Consolidation of the legal framework for asylum policy through adoption of legislation on the integration of refugees or beneficiaries of other forms of protection.” www.migrationpolicycentre.eu MPC
  13. 13.  UA VLAP (22/11/2010): Block 2: Irregular immigration, including readmission “Adoption of a legal framework for migration policy providing for an effective institutional structure for migration management, rules for entry and stay of foreigners, measures for the reintegration of Ukrainian citizens, monitoring of migration flows, the fight against illegal migration”. “Adoption of legislation in the area of asylum in line with international standards (1951 Geneva Convention with New York Protocol) and EU standards.” www.migrationpolicycentre.eu MPC
  14. 14.  Methodology: Progress Reports – 1st reports: September 2011, 2nd reports: February 2012, 3rd MD report: 22 June 2012 E.g.: 2nd report on Ukraine:  “The Law on the Legal Status of Foreigners and Stateless Persons was adopted on 22 September 2011. The law defines the grounds of stay for foreigners, entry into Ukraine (…). However, it does not codify all the issues related to entry, stay and rights of foreigners.”  “Conditions and procedures on permanent residence are regulated in the Law on Immigration of 2001. However, there is no provision in these rules allowing a foreigner to upgrade his status to that of a permanent resident after a given number of years of residence in Ukraine. Relevant by-laws should be adopted/amended in line with the new Law, defining procedures for issuing residence permits and visas, the format of the residence permit, rules for transit through Ukraine, procedures to confirm sufficient funds for stay, procedures for enforcing entry bans, etc.).”www.migrationpolicycentre.eu MPC
  15. 15.  “General rules on entry and stay (such as the length of legal stay for foreigners without visa obligation) should be defined in the Law on legal status of foreigners and stateless persons.”3rd Report on MD: “A new Law on foreigners in the Republic of Moldova was adopted on 16 July 2011. (…) Its extensive provisions cover all fields of immigration matters. (…) However, some older national laws still apply to legal stays of foreigners in the Republic of Moldova. In order to increase legal certainty, they should be repealed and integrated into the new law.” www.migrationpolicycentre.eu MPC
  16. 16. THE FLOOR IS YOURSwww.migrationpolicycentre.eu MPC