Third-country Nationals Research Articles

Syrian Immigrants and Turkish–European Union Migration Deals: Business as Usual

ABSTRACT Turkish–European Union Migration Agreement (TEMD) was signed in 2016, at the height of the Syrian migration flows. Together with this deal, the EU aimed at blocking the migration flows from the Middle East to Europe, and for not so obvious reasons, Turkey accepted to be a buffer between these two. Immigration, in its numerous legal, semi-legal and illegal varieties, has been the lifeblood of capitalism. Despite all the harsh rhetoric against immigration, the flows are not abated, but rather the newcomers are stratified in a manner that locks the newcomers into vulnerable positions. In this article, I will examine the case of immigration control regulations between the EU and Turkey. The EU and Turkey has a complex relationship of immigration flows that include third-country nationals as well as the native populations. The ‘EU-Turkey Statement and Action Plan’ was signed to constitute the pinnacle of a series of dealings between these two entities, though the balance of power is clearly skewed towards the former. This article intends to start examining the stratification effects of the Syrian immigration and the subsequent transformation of the immigration politics played among the three actors: the EU/Germany, Turkey and Syria.

Current labor market in the EU and Ukraine: trends, problems, forecasting and solutions

The labor market is one of the economy changing components, it is quite similar to the market for goods and services, but instead of the demand and supply of goods, there is a demand and supply of labor, knowledge, skills and abilities that are supplied by the employee. The EU, in turn, is known for its openness to immigrants and the employment of third-country nationals. This creates new opportunities and challenges for workers and employers. Labor market research helps to understand the impact of immigration on labor markets. Covid-19 has actually become that springboard on the way to changes in the economies and labor markets of countries around the world. Transformations and changes that were just emerging until 2020 (this may safely include digitalization, automation, the spread of remote employment, etc.) will further intensify under the influence of the Covid-19 pandemic and the Russian-Ukrainian war and lead to a significant redistribution of workers between sectors. In general, labor market research in the EU and Ukraine helps countries to understand and respond to various challenges and opportunities related to employment, labor migration, economic development and social policy. The purpose of our work is to identify trends and problems that exist at the present stage of development of the labor market, as well as to forecast the further development of the labor market at the level of the European Union and Ukraine

Scientific and Educational Analysis of the Present Regime of Access to the Labor Market of Third Country Citizens

Attracting qualified workers from a third country is an important element for maintaining the economic development and competitiveness of the Republic of Bulgaria. In Bulgaria, as in other member states of the European Union, the access of third-country nationals to the labor market is regulated in order to ensure controlled migration and protect jobs for the local population. The purpose of this presentation is to make a general scientific and educational analysis of the legal regime of the right to access the labor market and to present to the reader in a systematized form only those provisions of the law that refer to the types of legal regime of access to the labor market of third country nationals.

Educational language policy for refugee-background students in the spotlight

This article maps the differences between the European Union’s Framework of Human Rights and state-based legal mindsets (ideologies) of language policy and planning in education. Based on the analysis of the documents released by the European Commission, the Council of Ministers and the European Council in the course of the constituting of multilingual perspective and taking the experience of its local implementation into account, this article examines common cross-state indicators in order to compare multilingual responsibility of public education policies for refugee-background students (RBSs). It concludes that the assessment of multilingual possibilities in education was not complete and impartial on the level of the European Union and for a selected jurisdiction – namely, Poland. Current regional legal regulations fail to equitably address the needs of RBSs, and national-based attention eliminated the question of newcomers’ rights in education. Moreover, as highlighted for current policy-making in the European Union, there is a gap between current legal intention and political views produced by EU institutions – for example, The Commission Action Plan on the Integration of Third-Country Nationals.

Preambulum az idegenjogi szakigazgatás rendszerében

Aim: The aim of this paper is to present - in addition to the preambles of the legislation on alien policy from 1903 to the present day - the preamble of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals. Methodology: This study considers the practice of the specifications of the preambles of the legislations on the entry and residence of foreigners, and compares, according to grammatical and logical criteria, the certain sentences of the introductory text of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals with the normative provisions of this Act and other legislations, in particular the Fundamental Law of Hungary. Findings: The preamble of Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals introduces the normative provisions of the Act with an unusual content compared to the legislation so far. This content cannot, however, be examined in isolation, but only in the light of the specific legal provisions (constitutional, statutory, regulatory) establishing rights and obligations. Value: The value of the study is to draw attention to the fact that in the system of legislation, only the specific provisions of individual pieces of legislation have normative force, and that the texts and preambles introducing individual pieces of legislation can contribute to the interpretation of these legislative provisions.

Housing Practices of Albanian Immigrants in Athens: An “in-between” Socio-Spatial Condition

Immigrants’ access to housing is often the outcome of self-settlement practices within a context of limited social policies that often characterizes Southern European metropolises. Hence, immigrants are facing multiple constraints and remain vulnerable towards diverse socioeconomic fluctuations. This article focuses on the housing practices followed by Albanian immigrants, the largest immigrant group in Athens’s municipality, to examine how spatial inequalities are intertwined with ethnicity in the Greek capital. The objective is twofold: to discuss ethnic segregation on the micro-scale of Athenian central neighborhoods and examine how immigrants’ housing practices are being challenged within a rapidly changing socio-spatial context. The methodology follows a mixed approach, aiming at identifying differentiations and inequalities both on the macro- and micro-spatial scale. First, differentiations among Greeks, Albanians, and other third-country nationals in Athens (2011) are traced and compared, based on quantitative data. Second, for the purpose of highlighting micro-geographies in the city, this article presents an analysis of collected narratives of Albanian immigrants, through semi-structured interviews held in 2023. The main results indicate that the population under study finds itself in an “in-between” socio-spatial condition: an “in-between”, compared to the housing experiences of Greek households and other third-country nationals, that produces (and reproduces) segregation trends visible on the micro-scale. Moreover, this article attempts to highlight how the lack of housing policies put in peril the successful self-settlement practices of Albanian immigrants, in the current context of financialization of the Athenian housing market.

Cooperation within Reason: Tunisia’s Approach to Asylum and Readmission

Abstract Since 2011, migration and asylum have grown in salience in EU-Tunisia international cooperation. Through various agreements, the EU has provided technical and financial support to Tunisia to strengthen its border management capabilities, develop a national migration strategy, legislate a national asylum framework, and re-integrate Tunisians who were returned from Europe. However, among the points of contention between Tunisia and the EU, two key issues stand out: the continued absence of a national law governing asylum in Tunisia, and Tunisia’s refusal to include clauses related to readmission (of its own nationals and third-country nationals) in its agreements with the EU. Drawing on an analysis of cooperation on asylum and readmission between the EU and Tunisia from 2011 to 2021, this article argues that the EU’s perceptions of a lack of cooperation from its Tunisian counterparts are misplaced. Rather, Tunisia is willing to work cooperatively with the EU as long as it does not see this cooperation serve the sole purpose of supporting the EU’s externalization agenda. We see this attitude as a form of resistance to EU pressure, with the unfortunate consequence being the undermining of protection for vulnerable populations in Tunisia and in the EU. Tunisian authorities see the adoption of an asylum law as paving the way for disembarkation platforms, the use of the safe third country concept to return foreign nationals and contain them to Tunisia. This has been fueled by issue linkage in negotiations with the EU between the passing of the asylum act and the return of third-country nationals to Tunisia. Similarly, while Tunisia has concluded agreements with some EU countries regarding the readmission of its nationals, its priorities with respect to facilitating returns lie in the protection of its nationals’ social rights rather than in meeting quantitative targets set by the EU.

Taking Stock of the EU-Turkey Statement in 2024

Abstract The EU-Turkey Statement of March 2016 aimed to end irregular migration from Turkey to the European Union (EU). Since 2016, the relationship between Turkey and the EU has undergone significant changes. While the EU fulfilled only two of its promises under the Statement, Turkey suspended the implementation of the return component of the Statement in 2020 and stopped readmitting third-country nationals from Greece. Meanwhile, recent judgments delivered by the European Court of Human Rights, such as Akkad v. Turkey and G.B. and others v. Turkey, have shed new light on conditions facing refugees, asylum seekers, and migrants in Turkey. This article aims to analyse the implementation of the EU-Turkey Statement as of 2024 by examining to what extent Turkey and the European Union, as well as its Member States, have fulfilled their pledges and acted in line with the course of action agreed under the Statement. It also aims to investigate to what extent Turkey’s assumed status as a safe third country has changed over the years. Given that the number of irregular passages towards the EU through Turkey has decreased considerably and that the return component of the Statement is not currently implemented, we argue that the assessment of whether Turkey is safe should be made with reference to refugees, asylum seekers, and migrants contained in Turkey as a result of the EU-Turkey Statement arrangements not just those returned under the EU-Turkey Statement.

SOCIAL POLICY REGARDING VETERANS, PEOPLE WITH DISABILITIES AND OTHER VULNERABLE POPULATION GROUPS

The article analyzes the issue of migration as a complex social phenomenon. International population migration in the conditions of growing globalization occupies an important place in the development of modern society and, accordingly, affects young people who, for various reasons, decided to study abroad (in Slovakia). The article reflects knowledge at the theoretical and empirical levels. One of the main tasks of modern higher education is the modernization and efficiency of the professional mobility of future specialists. Student migration is considered as educational migration. We point out that the Slovak Republic is one of the most economically successful countries in Central-Eastern Europe. Economic reforms and accession to the EU, combined with significant inflows of foreign direct investment, have led to sustained economic growth and job creation. Economic development and demographic changes have also created an additional need for skilled labor. At the same time, greater integration into the EU, open borders and a common educational space led to the migration of Slovak students to the neighboring Czech Republic and other EU countries. As a result, Slovakia gradually began to ease migration restrictions and allowed an increasing number of third-country nationals to enter the territory of the Slovak Republic. The integration policy of Slovakia is consistent with the migration policy, and among its priorities is the effective integration of foreigners in the labor market. The purpose of the article is to analyze Ukrainian student migration in Slovakia, focusing on the analysis of personal and social benefits. We analyze the issue of academic mobility as an integral component of the European educational space, which also undoubtedly has a positive effect on the national education system and the national economy. We highlight the issue of effective ethnic-national policy formation, development of theory and practice of social work with ethnic groups, find out directions and forms of social service work with migrants. In the empirical part, we present a quantitative study at all stages of the research process. The content of the study is to find out the reasons that motivate future Ukrainian students to migrate to Slovakia, as well as to find out how the initial decision about migration and arrival to Slovakia takes place. Part of the quantitative research is the analysis of the personal and social benefits of the migration of Ukrainian students to Slovakia.

Highly skilled and highly skeptical? How education and origin shape newcomers’ relationship with their new home*

ABSTRACT This article explores how level of education and region of origin (EU versus non-EU) shape newcomers’ perceptions of being welcome and treated fairly upon arrival, as well as their feelings of closeness and belonging to majority members and their long-term commitment to their new country of residence. Our results show that the impact of these factors – education and EU background – varies between these dimensions in shaping individuals’ attitudes and feelings about their new home. Feelings of being welcome and treated fairly do not differ much between origin groups per se, but they do differ between highly skilled and less-skilled migrants, although in a paradoxical way. Skilled third-country nationals are more skeptical than individuals with lower levels of education, and they are also more likely to feel marginalized. As regards the other dimensions, origin clearly trumps education. Although EU migrants are not particularly skeptical about Germany, they feel less close to it and more hesitant to make a long-term commitment to the country. Our analysis shows that skilled migrants do not relate in a consistent or homogeneous way to their destination country.

MentalHealth4All: mapping and assessing existing multilingual resources in mental healthcare

The aim of this article is to illustrate the goals, process and results of the first stage of a European project: MentalHealth4All. Partners from 9 different European countries have worked together to design a multilingual validated repository targeted at third-country nationals with limited language proficiency (LLP TCNs) and healthcare providers, which contains resources to improve this population’s knowledge and understanding of how to access interlinguistic support in mental healthcare services in the main languages of the countries involved in the project. The present article provides a detailed overview of the assessment process of resources and its main results.

The Rights and Protections of Third-Country Nationals in the European Internal Market: Assessing Legal Safeguards and Integration Policies for Immigrants

The Rights and Protections of Third-Country Nationals in the European Internal Market: Assessing Legal Safeguards and Integration Policies for Immigrants

THE EUROPEAN YEAR OF SKILLS 2023 AND EMPLOYMENT PROSPECTS FOR EU AND THIRD COUNTRY NATIONALS

In today's rapidly developing global economy, the European Union (EU) is undergoing significant transformations. These developments have far-reaching consequences for the labour market and employment prospects of all EU residents, especially EU citizens who are not nationals of the countries in which they live and third-country nationals. Digital transformation involves rapid advances in technology, automation and artificial intelligence, leading to new job opportunities in various sectors. At the same time, the green transformation emphasizes the shift to a sustainable and low-carbon economy. Both transformations present challenges and opportunities for EU residents, such as the need to upskill, retrain and adapt to new technologies and industries. In the context of these transformations, we will also focus on 2023 as the European Year of Skills, which will highlight the potential of increasing employability based on improving the skills of individuals.

Temporary Protection for Third-Country Nationals who Arrive to Poland from Territory of Ukraine as a Result of Russian Military Aggression

The onset of the new phase of Russian aggression against Ukraine, that started on 24 February 2022, has resulted in massive influx of third-country nationals to EU member states, with Poland seeing the greatest impact. This unprecedented wave of migration triggered the first-ever use of the EU’s temporary protection mechanism in recent history. Although the decision of the Council of the European Union has established categories of third-country nationals who qualified for temporary protection, the practice of Polish migration authorities demonstrate that there are still individuals who have fled from Ukrainian territory and require legal protection, yet are not qualified for temporary protection. These groups of third-country nationals must pursue other forms of protection, typically without success in obtaining it.

Social Security of Migrant Workers from Ukraine in EU Member States

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Labor migration is becoming a growing trend in the modern labor market. It has positive aspects, such as the redistribution of labor and the increase in human capital efficiency. However, along with other elements of a flexible labor market, labor migration can also threaten workers' social protection. The study of social security issues helps to assess the extent to which these workers have access to the necessary social services and benefits, which contribute to their well-being and encourage further contribution to the economy. The primary research method is system analysis, which considers social security as a complex system that includes various components, interrelationships, and influences. The research results found that EU legal acts are equality-oriented and give EU member states the opportunity to set their own rules for migrants coming from third countries. As the economic and social situation in different EU countries differs, member states are trying to preserve the shared values and principles of the Union while protecting their markets from additional social obligations related to the employment of third-country nationals. The priorities of Ukraine's migration policy are to protect citizens' rights and interests abroad and coordinate social security systems with recipient countries of Ukrainian labor migrants.</p></td></tr></tbody></table></div>

Non-discrimination of immigrants in Spain: contributions of new Spanish legislation on equal treatment and non-discrimination to the European and international sphere

The purpose of this paper is to carry out an analysis of Law 15/2022, of 12 July, on equal treatment and non-discrimination, approved in Spain in 2022, especially with regard to those of its precepts that affect migrants, and the contributions that this Spanish law can make to international and European legislation. In this sense, a comparison is made with the current Organic Law 4/2002, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, which also recognises anti-discrimination rights for migrants. In any case, the basic field of study in the application of the anti-discrimination principle for foreigners who are third-country nationals is the labour market. It is precisely in the field of employment that this paper makes proposals for a more effective application of the principle of anti-discrimination to foreigners.Received: 31 May 2023 Accepted: 03 August 2023

The European Union's forced labour regulation: Putting the ‘brussels effect’ to work for international labour standards

In September 2022, the Commission adopted a proposal for a Regulation on prohibiting products made with forced labour on the Union market. This arises in a context of rising concern over many years about breaches of workers’ fundamental rights and core standards of the International Labour Organization in supply chains of products that are marketed in Europe, particularly where multinational corporations have offshored production to states without the high labour standards enforced in the EU. There has also long been widespread concern, particularly from trade unions, that such offshoring enables manufacturers to undercut labour protections of European workers. Furthermore, the offshoring of manufacturing has enabled certain third countries to develop their industrial and technological capacities in ways that create geostrategic risks for the EU and its Member States, as these third countries become ‘systemic rivals’ of the Union. First, this article argues that the proposed Regulation fits with Anu Bradford's theory of the ‘Brussels Effect’ exposited in her 2019 book of that name, and that the Union should take advantage of Bradford's insights in developing the Regulation and future legal instruments. Bradford established the Brussels Effect as an empirical reality; this article makes a normative case that, in this instance, the EU institutions should actively embrace it as a means to advance its goals. The proposed Regulation is an example of the Union leveraging market power to accomplish normative goals, by exporting its values to third countries. This offers room for the EU to be a force for good in the world, answering some of the qualms raised in Bradford's work about the potential ‘imperialism’ of the Brussels Effect. The present article argues the Union should go further, try to ‘externalise’ more of the social acquis in the field of labour law, leveraging its international market power to both improve labour standards around the globe. This article challenges Bradford's original contention that the Brussels Effect does not apply to labour standards, arguing instead that it is possible, and normatively desirable, for the Union to follow this Regulation with a broader suite of measures aimed at globalising European labour standards, with benefits for both third-country nationals and citizens of the Union. Second, the article links the proposed Regulation to concern about the geostrategic vulnerability of Member States and the Union as a whole, where essential products are manufactured in third countries. This became apparent during the Covid-19 pandemic, with many critical supplies predominantly manufactured outside the Union. The ‘strategic autonomy’ agenda of the EU implies re-shoring of important industry, which is more easily accomplished where EU regulation lessens the ability of third countries to undercut the EU with low labour standards. This will have long-term economic benefits for the Union and its citizens, as well as depressing the potential for systemic rivals to the Union to develop their industrial and technological capacities at the expense of the Union and its Member States, and deprive governments that disregard fundamental rights of workers of revenues from investment, manufacturing and exports to the Union.

International labor migration policy of the European Union

The cross-border movement of labour is associated with an objective need for the host country to accept and comply with the relevant rules. This problem has always existed for the European Union and its member states due to the attractiveness of the region for migrant workers, relatively high standard of living and the widely diversified sectoral structure of the economy. Based on the analysis of the relevant directives, the article chronologises the stages of regulation of international labour migration in the EU with an emphasis on the present. Close attention is given to the EU regulatory practice of the issues of attracting highly qualified and seasonal labour third-countries workers, students and researchers, facilitating intra-corporate transfers. In this context the regulatory vector in the area of international labour migration to the EU is aimed at obtaining benefits from the influx of the necessary labour force through the creation of favorable conditions for its integration into European society. The implementation of Directive on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment will depend on the applicable practices of the EU member states. The study reveals the dualism of the economic effects of international labor migration received by the EU at present: positive in the form of a relative reduction in unit costs due to labor components, the flow of technological knowledge and negative ones associated with the displacement of part of local labor resources, the outflow of funds from foreign workers, changes in the structure of aggregate demand, the impact on the level of wages, aggravation of interethnic and interfaith conflicts against the background of a low level of integration of foreigners into local society.

Ties that bind and ties that compel: Dependency and the Ruiz Zambrano doctrine

In EU citizenship law, dependency is a pivotal concept when it comes to the rights of non-EU family members of Union citizens. Under certain circumstances, those family members may earn a derived right to reside, either because they are dependent on a Union citizen or the latter depends on them. The concept of dependency is particularly crucial in the Ruiz Zambrano doctrine, according to which Article 20 TFEU grants a derivative right to reside in the EU citizen’s home State to the non-EU family member if their departure would compel the dependent Union citizen to leave the territory of the EU as a whole, thus impinging on the substance of citizenship rights. Due to the significance of dependency in Ruiz Zambrano cases, where it triggers the application of EU law, that concept is continuously evolving. This article, therefore, aims to review the development of the notion of dependency, its intertwined dimensions – legal, financial, and emotional – highlighting the differences in the degree of dependency expected in free movement (when required) and in Ruiz Zambrano cases, and the increasingly divergent role of fundamental rights in the appraisal of dependency for children and adults. EU citizenship law, dependency, Ruiz Zambrano doctrine, third-country nationals, free movement law

Rule of Law Challenges of ‘Algorithmic Discretion’ & Automation in EU Border Control

Abstract The European Travel Information and Authorisation System (ETIAS) will profile visa- exempt third-country nationals using a screening rules algorithm to make automated predictive risk assessments. By using the screening rules algorithm as a case study, this article analyses if the ETIAS Regulation, and the legal safeguards it establishes for the decision-making process, comply with formal and substantive legality requirements as defined by the Venice Commission and the Court of Justice of the European Union. Three legality challenges are identified: [1] The regulatory design of ETIAS raises issues in relation to the foreseeability, clarity and accessibility of law, as well as insufficient limits to discretion. [2] The ETIAS screening rules algorithm represents a development towards a new form of arbitrariness through ‘algorithmic discretion’. [3] The safeguard of manual (human) processing in case of a ‘hit’ is not a panacea for the identified legality challenges.