COMPARATIVE ANALYSIS OF IMMIGRATION POLICY IN EU MEMBERSTATES AND UKRAINE

This paper takes a closer look at one of the EU's foundational values, the rule of law, and relates it to the external dimension of the EU's migration policy. It examines how the EU's powers in migration management have been put to use in order to project EU migration policies beyond the EU legal order, or more precisely to locate the physical control of migration outside EU territory. It categorises different types of extra-territorialisation, ranging from autonomous action by the Community, including Community action which requires third country cooperation, to action by way of international agreements and cases where third countries undertake to align their domestic law with the Community acquis. Starting from the prominence accorded to the rule of law in the EU's external policy, this paper examines an external dimension of the rule of law which goes beyond the desire to promote this value outside EU territory, and its application to the external dimension of the EU's migration policy. It highlights challenges for the rule of law posed by the increasing phenomenon of extraterritorialisation in EU migration policy. Practical examples taken from the EU's visa policy and operational cooperation in the field of external border control serve to support the argument that if the EU is to continue the use of extra-territorialisation as an instrument of its migration policy it must address seriously the issue of ensuring a concomitant extra-territorialisation of the rule of law, in particular the effective judicial review of administrative action.

In perhaps unexpected ways Britain has become quite closely linked to key aspects of EU migration and asylum policy. This could be a rather surprising outcome given that the UK is outside Schengen, opted out of the free movement, asylum and migration provisions of the Amsterdam Treaty and remains fixed on the maintenance of border controls at ports of entry to the UK. However, the differential and conditional engagement that has developed with EU migration and asylum policy has been described by Tony Blair as ‘getting the best of both worlds’. What could it mean to get the best of both worlds? Can the ‘two worlds’ of Britain and Europe be so neatly distinguished? To answer these questions the article surveys the extent of British engagement with EU migration and asylum policy and explains when, how and why the UK has opted into key aspects of it, particularly the more coercive components concerned with asylum and border controls.

The article analyzes the European Union's (EU) migration strategies toward the Arab states in the light of the Arab uprisings in a comparative context. Going through migratory processes related to Egypt, Libya, and Syria, the article discusses Middle Eastern migration and its diverse manifestations, critically assessing the relevance of the EU's migration policy ambitions vis-à-vis the different challenges in the Mediterranean region. In its theoretical approach, the article draws on the concept of non-traditional security, demonstrating that migration constitutes an anarchistic element in the relations between states, which goes beyond traditional foreign policy means. The article characterizes recent EU initiatives concerning migration and demonstrates that despite the fact that the EU has declared migration “one of the strategic priorities in the external relations of the Union,” it seems apparent that the EU has not been able to develop adequate new approaches regarding migration. Many of the suggested initiatives within the framework of the new EU foreign policy setup have not been established yet—they remain preliminary works in progress, projects in different stages or legislative procedures under negotiation between EU institutions. Summing up the cases of Egypt, Libya, and Syria, the article concludes that the migration phenomenon since the start of the Arab unrest in early 2011 constitutes a highly important issue in European–Middle Eastern relations, regarding which, the EU foreign and security measures seem to be relevant only to some degree.

It is indicated that the migration policy of the European Union has come a long way of evolution from individual national approaches to the formation of a single comprehensive system for managing migration flows. The creation of the Schengen area and the introduction of common border control standards laid the foundation for the further development of EU migration legislation, which today covers a wide range of issues - from granting asylum to combating illegal migration. The article examines the evolution of legal regulation of migration control in the European Union from its foundation to the present day, with a special emphasis on the changes caused by the Russian invasion of Ukraine. Five main stages of the development of EU migration legislation and their characteristic features are analyzed. The first stage, which was characterized by the lack of a systematic approach to migration regulation, and the second stage, the key event of which was the adoption of Regulation 1612/68, are considered in detail. The significance of this document for establishing the principle of non­discrimination of workers and the right to family reunification is examined. Important court decisions that shaped the practice of applying the Regulation and influenced the further development of migration legislation are analyzed. Particular attention is paid to the third stage, when migration issues were transformed from the economic sphere into the political sphere. The role of the Special Group on Immigration (TREVI) and the importance of the Schengen Agreement in the formation of a common EU migration policy are highlighted. The fourth stage, which began in the 2010s and was characterized by the emergence of new challenges for the EU migration policy, in particular the crisis of 2014-2015, is analyzed. The modern stage of legal regulation of migration control, which began after the Russian invasion of Ukraine, is examined in detail. The unprecedented application of the Directive on Temporary Protection and the implementation of a set of measures to support Ukrainian refugees are analyzed. Key changes in legal regulation are identified, including operational measures at the borders, financial support, coordination between Member States and integration measures. Based on the research conducted, a conclusion was drawn about the EU’s ability to adapt its legal mechanisms to new challenges and about the possibility of using the experience of responding to the Ukrainian crisis as a model for the further development of the EU’s migration policy.

Migration is a complex issue regulated by a comprehensive legal framework at the international, regional, and national levels. This study analyzes the legal framework, which governs migration, with an emphasis on legal acts that define migration policies and their implementation. At the international level, treaties and conventions established by organizations such as the United Nations and the International Labor Organization establish fundamental standards for the protection of migrants’ rights. At the European level, the EU has developed a comprehensive legal system, including directives and regulations, which govern legal migration, asylum procedures, and border management. Migration is a global phenomenon, influenced by economic, social, and political factors that require a well-defined normative framework to ensure the protection of migrants’ rights. In Albania, for example, migration governance is shaped by its aspirations for EU integration, seeking compliance with EU migration policies and regulations. The study asserts that protecting migrants’ rights within legal frameworks is crucial for fostering social cohesion and sustainable migration policies. All in all, greater international cooperation and legal harmonization are needed to create a migration governance model that is both effective and equitable.

As a relatively new area of EU law, the governance and enforcement of EU migration policies continues to differ in many respects from other EU policy areas. The quasi-absence of rights of third country nationals under EU primary law as well as the previously intergovernmental nature of the area of migration policies have led to a crucial importance of general principles of law, in particular the principle of effectiveness. Governance processes are characterized by a favouring of non-binding soft law mechanisms, the flexible application of common policy decisions and by efforts to ‘externalize’ migration management and control functions. Finally, challenges in the application of the preliminary ruling procedure have accentuated the importance of Commission infringement proceedings and the principle of effectiveness for the effective enforcement of EU migration law.

This chapter studies the cooperation of the European Border and Coast Guard Agency, Frontex, with non-European Union (EU) countries, within the framework of externalization of EU's migration policies. Although the externalization of migration management has long been on the agenda of the EU, the increasing irregular migratory challenges, especially in the wake of the so-called refugee crisis of 2015, caused intensification of the preexisting extraterritorial border security measures. Founded in 2004 and expanded over time, as one of the specialized agencies of the EU, Frontex cooperates with non-EU countries alongside the Member States to address security threats related to irregular migration. While aiming at securing the EU's external borders, Frontex's cooperation with mostly nondemocratic third countries also raise some concerns on the conformity with EU's principles and norms. The chapter, thus, focuses on the empowerment of the agency's mandate leading increased cooperation with non-EU countries; elaborates on its aim, role, and tools while outsourcing the external border protection measures; as well as discusses risks and criticism raising from the externalization of migration management.

EU migration policy aims to create a legal framework for legal labor migration, given the importance of integrating migrants into host communities. EU measures on legal immigration cover the conditions of entry and residence for certain categories of immigrants, such as highly skilled workers covered by the EU Blue Card Directive, as well as students and researches. A number of EU’s directives aimed at simplifying and harmonizing migration procedures, in particular the granting of clear employment rights to migrants, have been considered. The EU’s approaches to labor migration, which focus on addressing their integration into the community or the problem of illegal migration, such as the fight against trafficking of human beings and smugglers, are reveald. Although integration policy is defined and implemented mainly at national or subnational level, it is closely linked to the legal framework and EU provisions that grant certain rights to migrants living in the European Union (e.g. equal working conditions and equal access to goods and services). The European Union has adopted a number of EU non-discrimination laws that are important for the integration of third-country nationals, including Directive 2000/43/EU on racial equality and Directive 2000/78/EC on employment equality. The general principles of immigration integration policy are analyzed, such as: employment, education, access to institutions, goods and services and integration into society as a whole.The EU’s approaches to migration as «sustainable development» are considered, in particular, a comprehensive migration management agenda, which contains four items: better organization of legal migration and promotion of managed mobility; preventing and combating illegal migration and eradicating trafficking of human beings; promoting international protection and strengthening the external dimension of asylum; maximizing the impact of migration on sustainable development. It has been found out that the main directions of migration policy, which still needs to be improved in order to curb the scale of brain drain and skilled labor in the countries of origin, should include: concluding bilateral and multilateral agreements on ethical and balanced recruitment and training schemes; returning migration management for effective development in migrants’ countries of origin; promoting the transfer of skills, knowledge and remittances to diasporas (including social remittances). Summing up the content of the European Union’s migration policy towards immigrants from third countries, it is important to note that despite the large number of legal norms, the volume of labor migration is still regulated by each EU country, depending on its own needs and capabilities. Despite the fact that immigration mechanisms are standardized, the issue of admission to the sovereign territory remains in the competence of national governments. It is also important to emphasize that thereis a general prohibition of discrimination on the basis of nationality. Concerning third-country nationals, EU migration policy aims to create a legal framework for legal migration, taking full account of the importance of integrating migrant workers into host communities. EU measures on legal immigration cover the conditions of entry and residence for certain categories of immigrants, including highly skilled workers. It was found ound that immigrants from third countries have worse indicators in the labor market, in particular in terms of skills, quality of education, living conditions and so on. Most people born in the EU have the citizenship of the host country and use their right to vote in elections, which also affects the Union’s migration policy. In sum, EU policy of immigrants’ integration forsees target measures, in particular, in labor market, especially providing with proper educational, medical, social services, as well as their active participation in the cultural and political life of the host country.

In modern conditions, the role of states and international associations in regulating migration processes, developing and implementing an effective migration policy has become particularly relevant. These problems are quite acute for Poland, which, on the one hand, is a member of the EU and is obliged to implement joint directives within a single legal framework, and on the other hand, as a sovereign state, cannot ignore the existing risks for national security. For Ukraine, the practice of Poland is important for taking into account in the context of ensuring the implementation of the provisions of the Association agreement between the European Union and Ukraine, with the prevention of threats to national interests. The article considers the migration policy of Poland as an EU member state, its features in the context of modern migration processes, and the possibility of influencing migration flows. There is reflected the role of the state in managing the movement of migrants. Also there is drawn attention to Poland's actions within the EU legal framework and their balancing with the national interests of a sovereign state. There is focused special attention on the directions of implementation of migration policy in accordance with EU initiatives. Then are formulated proposals to take into account the Polish experience in solving migration problems for adaptation to Ukrainian practice. The study of the basics of Poland's migration policy, its specifics, features and tasks within the European Union legal framework shows a comprehensive approach to solving migration problems based on the principles of balancing the regulatory requirements of the EU and the national interests of a sovereign state. Based on an analytical review of the main provisions on the country's implementation of migration policy, there were obtained some conclusions, the main ones being the following. Despite its membership in the EU and the need to comply with common legal norms, Poland, as a sovereign state, in its migration policy tries to steadily defend national interests and exclude migration risks to national security. At the same time, ensuring the regulatory function of the state and its authorized institutions is clearly recorded. In the country's migration policy, attention is drawn to the actions of state authorities to take a set of measures aimed at reducing the negative impact of the presence of a large Polish diaspora abroad, while simultaneously implementing a rational migration policy to counteract the constant outflow of highly qualified personnel from the domestic market. Tasks are set to encourage Poles with experience and knowledge acquired abroad to return to the country in housing, family and educational policies. Due to the demographic factor and modern migration processes, one of the directions of Poland's migration policy is to create conditions for ensuring the arrival of migrants with high or rare qualifications in the country, to fill and reduce the shortage of human capital in sectors with high demand for qualifications. This position requires special attention from Ukraine and, in particular, its economic diplomacy, as these actions already create and can aggravate personnel problems for the domestic economy.

Introduction. The article is devoted to the transformation of migration policies during the COVID-19 coronavirus pandemic. The article discusses changes in migration processes in connection with the COVID-19. The aim of the article is to illustrate how the countries’ migration policy has changed due to the pandemic and what measures have been developed to support migrants. Methods and materials. The research methodology includes general scientific research methods, such as analysis, synthesis, content analysis and the aristotelian method. As well as specific scientific methods, such as comparative legal and system analysis. The empirical basis of the study is the data of the General Administration for Migration Issues of the Ministry of Internal Affairs of Russian Federation, the International Organization for Migration (IOM), and the United Nations (UN). Analysis. The authors conducted a comparative analysis of migration policies of various countries during the COVID-19 coronavirus pandemic. Considerable attention is paid to the measures taken by countries to provide various types of support to migrants. The authors also analyzed the activities of international organizations and the civil society. The authors concluded that measures to restrain the pandemic affected the implementation of funded integration projects in the European countries, some activities were postponed, however, the European countries made certain efforts to adopt new integration practices to support migrants during the COVID-19 pandemic. Discussion. The authors assessed the further development of migration processes and countries migration policies. Results. The authors effectuated a conclusion that the COVID-19 pandemic has had a significant impact on the transformation of migration processes and migration policies. The authors focused on how events in the migration sphere would develop, and what changes would take place in the migration policy of the Russian Federation. The research results presented in the article can be used to improve the migration policy of the Russian Federation in relation to labour migrants and to develop regulatory migration measures.

Comparative policy analysis depends upon the various theoretical and methodological approaches to public policy. The same theoretical perspectives such as the advocacy-coalition framework, multiple-streams models, and agenda-setting are important for understanding national and international policymaking and public policy comparatively. Evidence-based policymaking is more difficult than sometimes assumed, depending, as it does, on understanding both the dynamics of public policy and the institutional contexts. Despite this difficulty, there has been a surge of interest in policy designed on the basis of “scientifically” demonstrated effectiveness and the ability to identify those successful policies within various structures. This chapter explains comparative Inter-regional policy analysis studies, Comparative Policy Analysis and Institutions and Theory and Methodology. Comparative policy sectors focus on the major areas of strength in the Journal of Comparative Policy Analysis: markets, money and economy, healthcare, welfare, education, migration, and biotechnology policy.

From 2015 to 2016 onwards, migration has been subjected to intense political contestation within EU Member States. In this context, sustainable migration has become the new overarching objective of the Commission. Despite the various references to sustainable migration, a closer investigation of EU migration law and policy does not provide a coherent picture of the legal implications of this concept. This article examines the links between sustainability and migration in EU law and policy and suggests that sustainable migration should be perceived as a political concept that was central for EU migration politics following the so‐called migration crisis. Sustainable migration is a powerful tool at the hands of the Commission and has been used to forge consensus between Member States that might profoundly disagree on the future of EU migration. At the same time, the concept offers little guidance in terms of legal obligations for the protection of migrants.

Who is held responsible when EU policies fail? Which blame games resonate in the European public? This book challenges the conventional wisdom that the complexity of EU decision-making eschews clarity of responsibility, thereby rendering European blame games untargeted and diffuse. It is argued that the politicization of EU policies triggers a plausibility assessment of blame attributions in the public domain with the effect that European blame games gravitate towards true responsibilities, targeting those political actors involved in enacting a policy that is subsequently considered a policy failure. The book distinguishes three kinds of European blame games: in scapegoat games, supranational EU institutions are held responsible for a policy failure; renegade games occur when individual member state governments are considered the culprits for a failed policy; when responsibility for a policy failure is shared between EU institutions and member states, diffusion games prevail. The book explores three conditions to explain when each of the three European blame games prevails: the type of policy failure, the type of policy making, and the type of policy implementation. To empirically probe these conditions, the book studies the blame games in ten instances of EU policy failures, including EU foreign policy, environmental policy, fiscal stabilization and migration policy.

The aim of the article is to analyze the development of migration policy of the European Union, its main directions set out by the European Commission in the draft of new Pact on Migration and Asylum, and assess the impact of European approaches to migration management on migration of population of Ukraine. To achieve it, general scientific methods are used, such as systemic, comparative, structural-functional. The relevance of the study is due to the importance of migration of Ukrainians to the EU for the development of the country, as well as the need to implement the norms and principles of European legislation as a component of European integration of Ukraine. The novelty of the article is to identify current trends in EU migration policy and predict their impact on changes in the volume, direction and characteristics of migration of Ukrainians. It is concluded that the development of the channels of legal migration envisaged by the new Pact, primarily for skilled labor, and strengthening the fight against illegal migration, will encourage Ukrainians to move more orderly to European countries. This, of course, will help to improve working conditions of migrants, ensure their rights, but will increase the risks of turning part of temporary labor migration into permanent one and, consequently, further loss of labor and intellectual potential of the country. At the same time, the European Commission’s proposals to deepen cooperation in the field of migration with neighboring countries open up new opportunities for Ukraine to mitigate the negative effects of migration processes. In particular, it is time to raise once again the issue of concluding agreements with the countries of destination of la bor migrants from Ukraine on the joint use of labor and on social security of migrants. The possibility of support by European partners of programs of promoting the reintegration of returnees is worth discussing. The proposal for a “talent partnership” contains certain prospects for transforming the brain drain from Ukraine to their mutually beneficial circulation. The development of migration management in the EU should be taken into account in order to improve migration policy of Ukraine. In particular, the European experience of a differentiated approach to immigration, promoting the arrival of professionals, students and investors is noteworthy. In order to prevent illegal migration and shadow employment of foreigners, EU developments on procedures for admitting seasonal workers, obtaining a residence permit and permit for employment in one document can be used. European experience in improving the efficiency and timeframe of asylum procedures is also useful. Key words: migration policy, European Union, migration of the population of Ukraine.

Having presented the main legislative developments regarding migration law as well as the role of, and interaction among, the key policy actors, this chapter draws an overall critical analysis of Europe's nascent migration law and policy. It is centred around two main axes: first, an overview of the general features and framework of policy-making with regard to migration; and, second a critical analysis of the content and quality of Europe's migration policy, in particular in the post-Amsterdam era. Taking into account that the Treaty of Amsterdam constitutes a major turning point for European migration policy, the chapter examines in depth the extent and the meaning of the changes resulting from Amsterdam. It discusses the content and quality of the emerging Community migration policy. The annual reports of human rights implementation by Member States show that problems with regard to the respect of human rights within the EU are a reality.Keywords: Community migration policy; European migration policy; human rights; Member States; nascent migration law; policy-making; post-Amsterdam era; Treaty of Amsterdam