Правові аспекти працевлаштування висококваліфікованих працівників-мігрантів у Європейському Союзі

Abstract

The article analyzes the key changes in the secondary law of the European Union in the field of legal regulation of employment of highly qualified migrant workers. The purpose of the article is to analyze the legal aspects of employment of highly qualified migrant workers in the European Union on the basis of existing scientific achievements, legal acts and other sources. This sets a number of tasks, in particular: to clarify the specifics of the legal aspects of the employment of highly qualified migrant workers in the European Union; to reveal the essence of the EU Directive 2009/50 on blue cards and Directive 2016/801 on the conditions of entry and residence of third-country nationals for the purpose of research, training, retraining, volunteering, student exchange or educational projects and work on the au pair program; to identify current trends in the legal regulation of employment of highly qualified migrant workers in the European Union. The methodological basis of the article is marked by the use of the method of analysis and synthesis, the method of deduction and induction, the method of prediction and the method of modeling. Research of the legal aspects of the employment of highly qualified migrant workers in the European Union would also be impossible without the use of special methods, which include comparative law, historical law, formal law and structural-functional methods. Scientific novelty. Given the need for the European Union to attract highly qualified migrants, the reform of legislation governing the immigration of highly qualified migrants should be aimed at reducing barriers to entry and simplifying and harmonizing the admission procedure for highly qualified third-country nationals. In addition, a blue card does not have to be a temporary work permit. In this context, it is possible to propose an increase in the period of issuance of a blue card from three to five years, which will allow highly skilled migrant workers to obtain a permanent residence permit later in accordance with European Union law. Conclusions. Within the European Union, one of the reforms in the field of legal regulation of employment of highly qualified migrant workers was the adoption of the Blue Card Directive. The objectives of this Directive have been to regulate the migration processes of highly qualified immigrants in the European Union and to introduce a single application procedure for highly qualified immigrants. However, today the national immigration policies of the Member States of the European Union towards highly qualified workers differ significantly. That is, despite the fact that the Blue Card was introduced to attract highly qualified migrants to the European Union, most Member States are not ready to delegate decisions in this area to the supranational level of the European Union institutions. In this context, it is also important to transfer the legal regulation of highly qualified immigration to the supranational level of the European Union and to harmonize this area with the national legislation of the Member States of the European Union. Keywords: migration; labor migration; third-country nationals; blue card; highly qualified migrants.