Abstract
By adopting a rights-based approach, this open access book sheds light on the different legal and policy instruments that have been adopted to implement circular migration policies in the EU and their consequences for the rights of migrant workers. It contributes to the understanding of the meaning of this concept in general, in the EU, as well as more specifically with regard to its Eastern neighbourhood. The book provides a comprehensive overview of the formation and implementation of the EU’s circular migration approach that has developed through both EU and national instruments on the basis of comparative case study analysis of Bulgaria and Poland’s migration law and policy. Furthermore, by applying legal empirical research methods, it draws conclusions about the policy outcomes from the implementation of the various migration instruments falling under the circular migration umbrella and shows the consequences for the rights of migrant workers as a result of the application of different policy options. Along with its value to an academic audience, the book can be used by policy makers at the EU, international and national level as well as international organisations and NGOs working in the field of migration law and policy.
Highlights
Countries of origin would supposedly benefit from the social and economic development that circular migration is claimed to facilitate through a steady flow of remittances,7 skills and knowledge transfers, as well as brain circulation mitigating the negative effects of a brain drain
This section of the book has outlined some of the key characteristics of circular migration that will form the basis of a working definition: it is legal labour migration occurring through legal channels; it is repeated migration, involving more than one outward movement and return; and it is temporary migration encompassing both temporary and long-term stays
The purpose of this study is to answer the core research questions: how has the EU’s approach to circular migration been implemented through its legal and policy instruments and does it provide for rights-based circularity for migrant workers in the Central and Eastern Europe (CEE) context? In order to answer that question, this study covers within its scope economically-active third-country nationals in both low- and high-skilled occupations with temporary and permanent statuses as well as their family members who are engaged in circular migration to and from the EU
Summary
The policy idea of facilitating circular migration entered the European Union’s agenda more than a decade ago as part of a worldwide buzz among international organisations that it could provide a ‘triple win solution’ that would benefit all: the countries of origin and destination as well as the migrant workers themselves. It became clear that the European Commission wanted to foster this type of migration in such a way as to allow some degree of legal mobility for migrants back and forth between two countries. For Member States, this ‘triple win solution’ would provide a tool that resonates with their reluctance to open more channels for legal migration, permanent settlement, and pathways to naturalisation, and it would reduce any irregular overstaying. Since circular migration is allegedly of temporary nature, states would be able to satisfy their labour market needs and at the same time disengage from the integration challenges associated with permanent migration.. The policy idea of facilitating circular migration entered the European Union’s agenda more than a decade ago as part of a worldwide buzz among international organisations that it could provide a ‘triple win solution’ that would benefit all: the countries of origin and destination as well as the migrant workers themselves.. Judging by policy developments in recent years, one can see that there is little enthusiasm among governments for creating rights-based labour migration schemes; obstacles to accessing long-term residence and family reunification are still a reality for many migrant workers, especially those engaged in low-skilled occupations.. More than 10 years after the European Commission began promoting the facilitation of circular migration, there is no clear answer as to whether this type of migration has the potential to provide a legal pathway for migrants into the EU as part of a rights-based policy solution that is beneficial for the migrant worker.. Available at: http:// www.carim-east.eu/database/legal-module/?ls=4&ind=exnocm&lang= last (accessed 25 Sept 2017)
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