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Regulating Migrant Integration in Europe: The Case of Skills [Hardback]

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Regulating Migrant Integration in Europe: The Case of Skills
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Permanent link: https://www.kriso.lv/db/9789004719774.html
Keywords:
"In the European Union, migration is one of the foundations of shared prosperity, unity and diversity. Perhaps unsurprisingly, then, the phenomenon of migration to and within Europe calls for regulation. This book is about the role the law plays in facilitating migrants' integration and effective participation in the EU, whether coming to the EU for the first time or moving within the Single Market. Specifically, this book addresses the experience of one category of migrants accessing work in the Single Market, namely, third- country nationals. While third- country nationals play an important role in the EU by and through their work, they habitually experience inadequate skills' or qualification recognition and wrongful discrimination in accessing work, thereby inhibiting their well- being. This book proposes to describe and critically analyse the legal and policy architecture governing such migrants' access to work, equal treatment and non- discrimination and the recognition of their professional qualifications - in other words, some of the most important aspects of the regulation of migrants' integration in Europe. This book, in essence, is a study of the role that the regulation of skills' or qualification recognition plays in facilitating migrants' integration in Europe. This introductory chapter is structured as follows. Section 1 outlines the problem this book addresses in greater detail. It does so by providing a highlevel background to and partial overview of certain relevant statements of EU economic and social policy which identify the relevance of skilled migrants to the future of the European project. Section 1 also identifies and describes some empirical data which emphasises the need for third- country nationals to come to work in the EU, as well as some of the problems they actually face. Building on the policy documents and data outlined in Section 1, Section 2 identifies the central research question and contribution to scholarship which this book will make. Section outlines the sources of law, policy and philosophy which this book draws on. Section 5 identifies a central theme which runs throughout this book, namely, that of governance or regulation. Before concluding, Section 6 provides an outline of the structure of the book, describing the contribution each chapter makes to the overall argument of the book"--

This book describes and analyses the law and policy governing the recognition of professional qualifications of migrants coming to and moving within the EU, making a timely contribution to the broader and evolving study of migrant integration in Europe.
Acknowledgements


Introduction

Introduction


1Setting the Scene

1.1A Vision for Europe?

1.1.1The Lisbon Strategy


1.1.2Europe 2020


1.1.3The European Pillar of Social Rights


1.1.4The European Green Deal




1.2The EU in the Global Market


1.3The EU and Migration

1.3.1The Global Approach to Migration and Mobility


1.3.2A European Agenda on Migration


1.3.3A New Pact on Migration and Asylum




1.4Securing Europes Future: Skills


1.5The Experience of Migrants to Date


1.6Synthesis and Summary


1.7Limitations and Criticisms




2Central Research Questions

2.1Questions and Sub-questions


2.2Contribution to Scholarship and Originality




3Sources

3.1Sources of Law


3.2Sources of Normativity




4The Theme of Governance


5Structure of the Book


Conclusion




Part 1

The Legal Foundations of Migrant Integration

1The Right to Work

Introduction


1The Right to Work in International and European Law

1.1International Law

1.1.1International Human Rights Law


1.1.2International Labour Law


1.1.3International Economic Law




1.2European Law

1.2.1The European Convention on Human Rights


1.2.2The European Social Charter and Revised European Social Charter




2The Right to Work in EU Law

2.1Origins


2.2Genesis


2.3The Charter of Fundamental Rights of the European Union


2.4Beneficiaries

2.4.1Citizens


2.4.2Non-citizens




2.5Scope


2.6Restrictions and Limitations




Conclusion




2The Right to Equal Treatment and Non-discrimination

Introduction


1Discrimination, Migration and Nationality

1.1Overview


1.2Discrimination, Skills and Migration

1.2.1Discrimination, Freedom and Domination


1.2.2Discrimination, Skills and Migration




1.3Discrimination, Migration and Nationality




2The Right to Equal Treatment and Non-discrimination in International and
European Law

2.1International Law

2.1.1International Human Rights Law


2.1.2International Labour Law


2.1.3International Economic Law




2.2European Law

2.2.1European Convention on Human Rights


2.2.2Revised European Social Charter




3The Right to Equal Treatment and Non-discrimination in EU Law




3.1.1Article 18 tfeu


3.1.2Article 21 cfreu


3.1.3The Argument for Expanding the Scope of Application of the Right to
Equal Treatment and Non-discrimination


3.1.4Some Objections


4Converging Conceptions of Equal Treatment and Non-discrimination in EU
Law

4.1Competing Conceptions of Equal Treatment and Non-discrimination

4.1.1Overview


4.1.2Political Reasons


4.1.3Conceptual Reasons


4.1.4Sociological Reasons




4.2A Partial Unitary Conception of Equality and Non-discrimination?

4.2.1The Goal


4.2.2Hopeful Beginnings


4.2.3 or Hope in Vain?




Conclusion


Part 2

The Case of Skills

3External Migration

Introduction


1International and European Law

1.1International Law

1.1.1International Human Rights Law


1.1.2International Labour Law


1.1.3International Economic Law




1.2European Law

1.2.1The Convention on the Recognition of Qualifications Concerning Higher
Education in the European Region 1997


1.2.2Recommendation on the Recognition of Refugees Qualifications




2EU Migration and Asylum Law

2.1Overview


2.2Categories of Migrant

2.2.1Regular Migrants


2.2.2Forced Migrants


2.2.3Irregular Migrants




2.3Analysis

2.3.1General Observations


2.3.2Regular Migrants


2.3.3Forced Migrants


2.3.4Irregular Migrants




3EU External Relations Law

3.1Overview


3.2Partnership, Association and Trade Agreements

3.2.1Overview


3.2.2(Almost) Full Mutual Recognition: eea States and Switzerland


3.2.3ceta and Mutual Recognition Agreements


3.2.4ceta-minus Arrangements


3.2.5The EU-UK Trade and Cooperation Agreement


3.2.6Equal Treatment and National Treatment


3.2.7Education and Training




Conclusion




4Internal Migration

Introduction


1The Principle of Mutual Recognition

1.1Origins


1.2The Principle




2The Recognition Directive

2.1Operation of the Recognition Directive

2.1.1Does the National of a Member State Concerned Have a Professional
Qualification?


2.1.2Has that National Moved from One Member State to Another for the
Purpose of Pursuing Their Profession?


2.1.3Is that Profession a Regulated Profession in the Host Member State?




2.2Mutual Recognition in the Recognition Directive

2.2.1The Methods of Recognition


2.2.2The Effects of Mutual Recognition


2.2.3Restrictions on Mutual Recognition




2.3Beneficiaries of the Recognition Directive

2.3.1The Law


2.3.2Analysis




Conclusion




5Soft Law and Policy

Introduction


1EU Migration and Asylum Policy

1.1Overview


1.2Integration Policies and Initiatives

1.2.1Background


1.2.2The European Migration Forum


1.2.3Action Plan on the Integration of Third-Country Nationals


1.2.4Action Plan on Integration and Inclusion 20212027




1.3Recent Developments and Proposals for Reform

1.3.1Recommendation on the Recognition of Qualifications for People Fleeing
Russias Invasion of Ukraine


1.3.2Recommendation on the Recognition of Professional Qualifications of
Third-Country Nationals


1.3.3Proposal for a Regulation Establishing an EU Talent Pool




1.4Funds Supporting Integration

1.4.1European Social Fund and European Social Fund Plus


1.4.2Asylum, Migration and Integration Fund




2EU External Relations Policy

2.1Overview


2.2Mobility Partnerships


2.3European Neighbourhood Policy and Enlargement

2.3.1European Neighbourhood Policy


2.3.2Enlargement Policy




2.4International Cooperation and Policy Dialogue


2.5International Cooperation and Development




3EU Education and Training Policy


Conclusion




Conclusion

Introduction


1The Argument of This Book


2Judging EU Law and Policy


3The Recognition of Professional Qualifications


4The Theme of Governance


5Practical Proposals for Reform


6Explanatory Gaps


Conclusion




Bibliography


Index
Dr Dįire McCormack-George is an Irish lawyer. Educated at Trinity College Dublin and the University of Oxford, his work has been published in Irish, European and international law journals and cited by textbooks, think tanks and state bodies.