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Future challenges and strategies for the Schengen area. Ponencia 7º forum europeo de juristas. Barcelona, 18 de abril de 2013.


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Future challenges and strategies for the Schengen area. Ponencia 7º forum europeo de juristas. Barcelona, 18 de abril de 2013.

  1. 1. Future challenges and strategies for the Schengen area Dr Eduardo Rojo Torrecilla, Professor of Labour Law and Social Security Law, Universitat Autònoma de Barcelona. 7th European Jurists Forum.
  2. 2. 2 7th European Jurists Forum.
  3. 3. 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.3 7th European Jurists Forum.
  4. 4.  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.4 7th European Jurists Forum.
  5. 5.  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.5 7th European Jurists Forum.
  6. 6.  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).6 7th European Jurists Forum.
  7. 7.  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”. 7th European Jurists Forum.
  8. 8. Labour migration. ILO, October 2012.  “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”.8 7th European Jurists Forum.
  9. 9.  Is migration a problem?  Standard Eurobarometer 78 Autumn 2012  Public opinion in the European Union  7th European Jurists Forum.
  10. 10. 10 7th European Jurists Forum.
  11. 11.  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%)11 7th European Jurists Forum.
  12. 12. EU Employment and Social Situation. Special Supplement on Demographic Trends (March 2013)  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 2011.12 7th European Jurists Forum.
  13. 13. 13 7th European Jurists Forum.
  14. 14. 14 7th European Jurists Forum.
  15. 15.  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 2012.15 7th European Jurists Forum.
  16. 16. 16 7th European Jurists Forum.
  17. 17.  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.17 7th European Jurists Forum.
  18. 18.  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.18 7th European Jurists Forum.
  19. 19. European Commission. Communication “The Global Approach to Migration and Mobility” 18.11.2011. “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.19 7th European Jurists Forum.
  20. 20.  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.20 7th European Jurists Forum.
  21. 21.  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”.21 7th European Jurists Forum.
  22. 22. Irish, Lithuanian and Greek Presidencies. 18 month programme of the Council (1 January 2013 - 30 June 2014).  Legal Migration and Integration of third country nationals  “The development of a common immigration policy capable of contributing to the EUs Growth Agenda will remain a key priority. The focus will be on the completion of the legislative work on the implementation of the Policy Plan on Legal Migration, including on the proposals on intra-corporate transferees and on seasonal workers as well as the proposal to amend Directives relating to the admission of students and researchers.  Effective integration policies remain a key objective, and in this context the implementation of the European Agenda for the Integration of third country nationals will be further pursued.22 7th European Jurists Forum.
  23. 23. Illegal immigration  The fight against illegal immigration through the promotion of practical cooperation remains a key priority. The updating of the EU Action on Migratory Pressures - A Strategic Response will provide a particular focus for this work.  The development of a comprehensive network of readmission agreements with relevant third countries will remain a key priority, as well as maintaining the pace of negotiations under way and identifying additional third countries with which agreements should be negotiated.  The three Presidencies will also continue to promote practical cooperation in the area of return, including in the area of voluntary return”.23 7th European Jurists Forum.
  24. 24.  Other measures recently adopted in the field of immigration  Council Decision No 252/2013/EU of 11 March 2013 establishing a Multiannual Framework for 2013-2017 for the European Union Agency for Fundamental Rights.  Article 2.Thematic areas: (g) discrimination based on sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; (h) immigration and integration of migrants, visa and border control and asylum; (i) racism, xenophobia and related intolerance.24 7th European Jurists Forum.
  25. 25. Decision Nº 258/2013/EU and Decision Nº 259/2013 of 13 March 2013.  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…25 7th European Jurists Forum.
  26. 26.  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.  “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;26 7th European Jurists Forum.
  27. 27.  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 States27 7th European Jurists Forum.
  28. 28.  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)”.28 7th European Jurists Forum.
  29. 29. ENAR. Hidden talents, wasted talents ? The real cost of neglecting the positive contribution of migrants and ethnic minorities. 9 April 2013.  “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.29 7th European Jurists Forum.
  30. 30. 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.30 7th European Jurists Forum.
  31. 31.  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”.31 7th European Jurists Forum.
  32. 32. To conclude:  Three major challenges in 2013 to Spain by the Real Instituto Elcano 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.32 7th European Jurists Forum.
  33. 33. Thank you very much for your attention and patience.  Eduardo Rojo Torrecilla   7th European Jurists Forum.