Challenges and Policies in Intraregional Migration Flow and EU Immigration

 
THE CHALLENGES OF INTRAREGIONAL
MIGRATION FLOW
 
16
th
 Regional Seminar
of ACP-EU Economic and Social Interest Groups
16
ème
 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
 
 
FIRST STEPS
“DUBLIN SYSTEM”
SCHENGEN AGREEMENTS
INTERGOVERNAMENTAL APPROACH
NON EU POLITICAL COMPETENCE
 
EU´S MIGRATION “POLICY” BACKGROUNDS
 
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
 
 
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(…).
 
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
 
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
 
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
 
EU – TURKEY “
AGREEMENT” (?)
CONTROLS & FENCES BETWEEN EU MEMBERS
SCHENGEN COLLAPSE
CEAS FAILURE
OCTOBER 2018 E.C. NEW TOUGH PROPOSALS
 
CURRENT SITUATION
 
 
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
 
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
 
THANK YOU
 
JoseAntonio.MorenoDiaz@eesc.europa.eu
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The challenges of intraregional migration flow were discussed at the 16th Regional Seminar of ACP-EU Economic and Social Interest Groups in Windhoek, Namibia. The seminar addressed topics like the Dublin System, Schengen Agreements, and the development of a common EU asylum and immigration policy. The EU aims to ensure fair treatment of migrants, combat illegal immigration, and manage migration flows effectively through legislative measures.


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  1. THE CHALLENGES OF INTRAREGIONAL MIGRATION FLOW 16thRegional Seminar of ACP-EU Economic and Social Interest Groups 16 mes minaire r gional des milieux conomiques 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. EUS MIGRATION POLICY BACKGROUNDS FIRST STEPS DUBLIN SYSTEM SCHENGEN AGREEMENTS INTERGOVERNAMENTAL APPROACH NON EU POLITICAL COMPETENCE

  3. A NEW DIMMENSION 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

  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. DEVELOPMENT 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

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

  7. NEW RESPONSES 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)

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

  9. PERSPECTIVES AND PROPOSALS ASYLUM AND INTERNATIONAL PROTECTION 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

  10. PERSPECTIVES AND PROPOSALS: ECONOMIC AND LABOUR MIGRATION 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)

  11. THANK YOU JoseAntonio.MorenoDiaz@eesc.europa.eu

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