Legal Analysis of EU Policies: Understanding the Binary Status of Labour Migration

Abstract

In the context of the post-COVID-19 pandemic, Europe faces two significant challenges regarding migrant workers: a shortage of agricultural production workers in certain countries and the "coercive acceptance" of undocumented migrant workers. As most EU countries experience economic recovery following the pandemic, there is an urgent need to restore production activities at a reasonable cost. However, the aging population in some European nations compels governments to recruit foreign workers at elevated costs, leading to irregular migrant workers being viewed as a viable temporary solution. Reopening diplomatic programs with strategic partner countries is also a pressing priority, creating a challenge in reducing illegal migration without erecting insurmountable barriers in diplomatic relations. This analysis examines EU policies regarding migrant workers, with a particular focus on Spain, utilizing qualitative comparative research methodology to explore the distinction between illegal and irregular migration from the perspectives of human rights law and humanitarian considerations, while highlighting various aspects of EU legal documents aimed at protecting the rights of migrant workers and their families.