Summer School “The EU area of freedom, security and justice”, July 1-3, 2017 Jean Monnet Centre of Excellence, University of Macedonia, Thessaloniki, Greece The Jean Monnet Centre of Excellence, in collaboration with the Jean Monnet Chair of the Democritus University of Thrace organize a summer school entitled “The EU area of freedom, security and justice”, that will take place in July 1-3, at the Conference Room of the University of Macedonia.

1. Legal immigration in the EU:
A glass half full or half empty?
Vassilis Hatzopoulos
Professor at the Democritus University of Thrace (Greece)
Visiting Professor at the College of Europe, Bruges (Belgium)
Honourary Assoc. Professor at the University of Nottingham (UK)
Barrister - of the Athens Bar
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2. Vassilis Hatzopoulos
History – General orientations
- Maastricht’92 – Amsterdam’97 Treaties: powers
but not objectives
- Objectives set by successive European Councils
- Tampere 1999-2004
- Hague Programme 2004-2010
- Stockholm Programme 2010-2014
- European Agenda on Migration 2015-2020 (13/5/15)
- Tackle refugee crisis
- Reduce incentives for irregular migration
- Saving lives and securing external borders
- Strengthening the common asylum policy
- New policy in legal migration
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3. Vassilis Hatzopoulos
History – General orientations
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4. Vassilis Hatzopoulos
Entry and Stay- Family reunification –Dir 2003/86
- Obligation to admit
- Compulsory: nuclear family: 1 wife (>21) + children (<18 or <15)
- Voluntary: 1st
ascendants + non married grown-up children
- Conditions
- Positive
- Accommodation regarded as normal for a comparable family
- Sickness insurance for all family members
- Stable & regular resources in order to survive without social assistance
- Negative: public order, security, health
- Rights of the receiving state
- Require a 2-3 year waiting period before lodging the application
- Impose integration measures (before or after admittance)
- Duration of procedure: 9 months + written decision
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5. Vassilis Hatzopoulos
Entry and Stay- Family reunification –Dir 2003/86
- Family members’ rights
- Visa and yearly residence permit // with sponsor
- Access to education and employment BUT ltd healthcare/welfare
- Individual rights (in case of divorce, death, domestic violence)
- Withdrawal of right of residence
- During the first 5 years: when positive conditions are no more met
(including income)
- False or misleading info, white marriage, broken relationship
- Other public order reasons
- BUT receiving MS should consider
- Duration of residence in the MS
- Family, cultural and social ties with country of origin (//Art 8 ECHR)
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6. Vassilis Hatzopoulos
Entry and Stay- Non-economic migration :
- Dir 2016/801 on research, studies, training, voluntary
service, exchange programmes & projects, au pair
(replacing Dirs 2004/114 and 2005/71 ( 23/5/2018)
- Entry as of right when conditions fulfilled (but volumes
of admission)
- General conditions (art 7):
- Travel documents + address
- Not a burden for social assistance system + public
security/order
- Specific conditions: arts 8, 11,12,13,14,16
- Duration: 1 year (or less) renewable as needed
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7. Vassilis Hatzopoulos
Entry and Stay- Non-economic migration : Dir 2016/801 (23/5/2018)
- Rights
- Equal treatment (Dir 2011/98 + derogations)
- Ltd Economic activity:
- Teaching by researchers
- Economic activity (15h/week min) by students
- Stay for job-seeking and entrepreneurship by both
- Family members for researches // Dir 2003/86
- Intra EU mobility of researchers
- Short term (180/360 days)
- Long term (> 360 days)
- + family members
- Intra EU mobility of students
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8. Vassilis Hatzopoulos
Entry and Stay- Economic immigration: Blue Card Dir 2009/50
- Conditions (cumulative)
- High professional skills: tertiary education or 5year experience
- Having employment contract or firm job offer of 1 year
- Salary at least 1,5 the average national salary in the MS
- Sickness insurance
- No threat for public health, order, security
- +++ Family members (right away!)
- Brief procedure & procedural guarantees: card for 1-4 y
- BUT the MS has to right to examine
- Volumes of admission of immigrants (in general)
- The national labour market (for the first 2 y)
- Ethical recruitment
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9. Vassilis Hatzopoulos
Entry and Stay
- Economic immigration : Blue Card Dir 2009/50
- Rights
- In the receiving MS
- Labour market (after contract) + unemployment (3 m/y)
- Equal treatment with nationals + ltd exceptions
- Family members: // as long-term residents but better (no
waiting period, residence right same as that of sponsor,
immediate access to labour market etc)
- Access to long-term residence status within two (not 5) years
- In the other MS
- Right of establishment in any other MS after 18 months in the 1st
MS
- With family members
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10. Vassilis Hatzopoulos
Entry and Stay
- Economic immigration : Seasonal workers Dir 2014/36 (30/9/16)
- 5-9 months/year, linked to seasonal activities
- Conditions
- Fixed term work contract (days, hours, remuneration, paid
leave, location etc)
- Sickness insurance
- Adequate accommodation
- Different permits/visas for </> 90 days
- Possibility to restrict placement to public services
- Rights: entry, stay, employment
- Equal treatment + labour regulation or collective OK
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History Entry Procedure Long Term residents Racism Conclusion

11. Vassilis Hatzopoulos
Entry and Stay
- Economic immigration : Intra-corporate transfers Dir 2014/66
- Conditions
- Same undertaking or group of undertakings
- Prior employment 3-12 m (managers/specialists) or 3-6 m
(trainee employees)
- Proof that s/he will go back
- No burden to social assistance system
- +++ Volumes of admission
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12. Vassilis Hatzopoulos
Entry and Stay
- Economic immigration : Intra-corporate transfers Dir 2014/66
- Status
- Residence for 3 y (m/s) or 1 y (trainees) + 6 m waiting period
- ICT permit of 1 y (or less) renewable – no working p needed
- Rights + equal treatment (see slide n 10)
- Family reunification (2003/86) with no waiting period,
prospects, prior integration
- Mobility:
- short-term (90/180 days): as of right
- or long term + family members: 2d MS may decide
 Transposition 29/11/16
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13. Vassilis Hatzopoulos
Entry and Stay
First residence permits issued in the EU 28 by reasons (EU/stat)
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14. Vassilis Hatzopoulos
Entry and Stay
First residence permits in the EU 28 by origin/reasons (2014)
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History Entry Procedure Long Term residents Racism Conclusion
First residence permits issued in the EU 28 by reasons, 2015 (EU/stat)

15. Vassilis Hatzopoulos
Unified Procedure
- Dir 2011/98: Single delivery of work and residence permit
- Object
- Single application procedure for single permit -work/residence
- Single status of 3d country nationals – all entries
- BUT: does not affect MS discretion in accepting/not
immigrants
- Procedure
- Application by worker or employer
- Single permit – same throughout the MS
- Rights
- Entry, residence and work in the issuing MS – not others
- Equal treatment with nationals + several exceptions
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16. Vassilis Hatzopoulos
Long term residents
- Under EU Law: Dirs 2003/109 + 2011/51
- General
- Agreement facilitated by the fact that
- MS follow similar solutions in order to comply with other Ial
obligations
- The biggest 3d country population (Turks) already have enhanced
status
- Asylum seekers were excluded (BUT Dir 2011/51)
- Concept of ‘civil citizenship’
- Permanence
- Conditions: 5-year residence + income + healthcare + public
order + integration
- Permanent right / 5-year residence permits
- Withdrawn: fake, public order, long-term absence, other MS08/02/18 Vassilis Hatzopoulos 16
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17. Vassilis Hatzopoulos
Long term residents
- Under EU Law: Dirs 2003/109 + 2011/51
- Rights
- In the MS of residence
- Work, salary, vocational training etc (but for public sector)
- Recognition of professional qualifications
- Social benefits + social healthcare
- Tax and other advantages
- Access to all public goods
- In all other MS: right of stay
- For 3 months: on the residence permit
- For longer: workers, students, economically independent + family
- Conditions: Income, residence, health insurance + integration
- Rights: equal treatment + permanent residence
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18. Vassilis Hatzopoulos
Long term residents
- Under the Council of Europe
- The ECHR
- A 2: endangerment of human life
- A 3: inhuman and degrading treatment
- A 8: private and family life
- Reversal of the burden of proof / Integration capacity if expulsed
- Other CoE Conventions
- Establishment, 1955
- Social and Medical aid, 1953
- European Social Charter, 1962
- Migrant Workers, 1977
- Participation of Migrants in public life, 1997
- Citizenship, 1997
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19. Vassilis Hatzopoulos
Non discrimination - Racism
- First steps
- Evrigenis Report (1986) + Ford Report (1990)
- European year against racism + creation of Observatory (1997)
- Observatory transformed into an Agency: FRA (2007)
- Soft measures
- Directly against discrimination
- Action Programme to Combat Discrimination (2001-2006)
- EU Action Against Discrimination (2008-14)
- Rights, Equality and Citizenship Programme (2014-20)
- Other programmes
- Equal (2000-8), Urban I+II (-2020), Progress (2007-13)
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20. Vassilis Hatzopoulos
Non discrimination - Racism
- Legislative measures
- Dir 2000/43 on Racial Equality
- Bans discrimination on basis of race, ethnic origin (not nationality)
- In: social protection, social benefits, education, access to
goods+services
- Dir 2000/78 on equal treatment in employment & occupation
- On the basis of: religion, special needs, age, sexual orientation
- Framework Decision 2008/913/JAI on the criminal repression of
racism and xenophobia
- Criminal offenses: violence or hatred (and dissemination) on the
basis of race, colour, descent, religion/faith, national/ethnic descent
- No need for complaint by victim
- Racism and xenophobia aggravating grounds in all other offences
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21. Vassilis Hatzopoulos
Conclusion
- Common immigration policy for most issues
BUT for the most salient: mainstream economic immigration
- Although decision-making based on QMV legislation not
forthcoming
- Legal status of immigrants quite favourable
- Families: with many exceptions + derogations
- Long term residents: civil citizenship (?)
- Qualified workers (blue card): super favourable but not much
used (see COM (2014) 287 final)
- Other categories (2014 Dirs): to be seen
- Racism: hot issue made worse by fundamentalism
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