immigiration

1. THE CHALLENGES OF INTRAREGIONAL
MIGRATION FLOW
16th
Regional Seminar
of ACP-EU Economic and Social Interest Groups
16ème
séminaire régional
des milieux économiques et sociaux ACP-UE
8-9/11/2018
Windhoek, Namibia
JOSE ANTONIO MORENO DIAZ
EESC MEMBER
COMISIONES OBRERAS TRADE UNION
MIGRATION LEGAL ADVISER
SPAIN

2. • FIRST STEPS
– “DUBLIN SYSTEM”
– SCHENGEN AGREEMENTS
– INTERGOVERNAMENTAL APPROACH
– NON EU POLITICAL COMPETENCE
EU´S MIGRATION “POLICY” BACKGROUNDS

3. • 1999 AMSTERDAM TREATY
• 2009 E.U.TREATY
* ARTICLE 78. The Union shall develop a common policy on asylum, subsidiary
protection and temporary protection with a view to offering appropriate status to any
third-country national requiring international protection and ensuring compliance with the
principle of non-refoulement. This policy must be in accordance with the Geneva Convention
of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees, and
other relevant treaties. For the purposes of paragraph 1, the European Parliament and the
Council, acting in accordance with the ordinary legislative procedure, shall adopt measures
for a common European asylum system comprising:
• (a) a uniform status of asylum for nationals of third countries, valid throughout the Union;
• (b) a uniform status of subsidiary protection for nationals of third countries who, without
obtaining European asylum, are in need of international protection;
• (c) a common system of temporary protection for displaced persons in the event of a massive
inflow
A NEW DIMMENSION

4. Article 79
1. The Union shall develop a common immigration policy aimed at ensuring, at all stages, the
efficient management of migration flows, fair treatment of third-country nationals residing legally
in Member States, and the prevention of, and enhanced measures to combat, illegal immigration
and trafficking in human beings.
2. For the purposes of paragraph 1, the European Parliament and the Council, acting in
accordance with the ordinary legislative procedure, shall adopt measures in the following areas:
(a) the conditions of entry and residence, and standards on the issue by Member States of long-
term visas and residence permits, including those for the purpose of family reunification;
(b) the definition of the rights of third-country nationals residing legally in a Member State,
including the conditions governing freedom of movement and of residence in other Member
States;
(c) illegal immigration and unauthorised residence, including removal and repatriation of persons
residing without authorisation;
(d) combating trafficking in persons, in particular women and children.
3. The Union may conclude agreements with third countries for the readmission to their countries
of origin or provenance of third-country nationals who do not or who no longer fulfill the
conditions for entry, presence or residence in the territory of one of the Member States(…).

5. • ECONOMICAL MIGRATION
– “VERTICAL” NORMATIVE: INEQUALITY
– DIFFERENT DIRECTIVES: SEASONAL, HIGH-SKILLED/WHITE COLLAR,
RESEARCHERS & STUDENTS WORKERS…
• INTERNATIONAL PROTECTION
– C.E.A.S. DESIGN
– DIRECTIVES: 2001/55,2004/83
– 2013/32 & 33; DUBLIN III REGULATION; EURODAC
– 2014 EUROFUND IMMIGRATION & INTEGRATION
– 2010 E.A.S.O. REGULATION
– AUTUMN 2015: NEW PACKAGE C.E.A.S. PROPOSALS
– NO IMPLEMENTATION: FROZEN
DEVELOPMENT

6. • FAMINE IN AFRICA: SOMALIA, ERITREA,
ETHIOPIA
• CRISIS ON NORTHERN AFRICA: SO –CALLED
“ARAB SPRINGS”: LIBYA
• HUMANITARIAN DISASTERS: AFGHANISTAN,
IRAQ, MYANMAR…
• WAR ON SYRIA, SUDAN…
REALITY BITES

7. • NEW E.U. MIGRATION AGENDA: MAY 2015
• FOUR PILARS TO MANAGE MIGRATION BETTER
– Reducing the incentives for irregular migration
– Border management – saving lives and securing external borders
– Europe's duty to protect: a strong common asylum policy
– A new policy on legal migration
– Resettlement & reubication
– EU European Border and Coast Guard (september 2016)
NEW RESPONSES

8. • EU – TURKEY “AGREEMENT” (?)
• CONTROLS & FENCES BETWEEN EU MEMBERS
• SCHENGEN COLLAPSE
• CEAS FAILURE
• OCTOBER 2018 E.C. NEW TOUGH PROPOSALS
CURRENT SITUATION

9. • FIRST OBLIGATION: TO PROTECT (GENEVE CONVENTION
1951): INTERNATIONAL & BINDING LAW
• NON SOLIDARITY QUESTION: RESPONSABILITY TO FACE CRISIS
• NEED TO CHANGE NARRATIVE ABOUT REFUGEES AND I.P.
SEEKERS
• URGENT NEED OF A REAL, EFFECTIVE, FAIR, COMMON &
MANDATORY E.C.A.S.
• ONLY WAY TO AVOID SECONDARY MOVEMENTS
PERSPECTIVES AND PROPOSALS
ASYLUM AND INTERNATIONAL PROTECTION

10. • NEED TO CHANGE THE MIGRATION NARRATIVE TO STOP FAR
RIGHT POLITICAL PARTIES & XENOPHOBIC ATTITUDES
• MIGRATION AS A NORMAL HUMAN PHENOMENA
• NEED OF LEGAL, SAFE AND AGILE PATHS FOR ECONOMIC
MIGRATION
• COMMON EU LEGAL STATUS FOR MIGRANT WORKERS :
PERMITS, PROCEDURE, RIGHTS…
• REAL & COMMON EU MEMBERS BORDERS CONTROL :
RESPECTING HUMAN RIGTHS (ASYLUM)
PERSPECTIVES AND PROPOSALS:
ECONOMIC AND LABOUR MIGRATION

11. THANK YOU
JoseAntonio.MorenoDiaz@eesc.europ
a.eu