Features of the EU legal regulation in the field of immigration and integration of migrants


Keywords: EU immigration policy; integration; family reunification; principles of the EU immigration policy; multiculturalism, assimilation.

Abstract

The article is focused on the research of the features of the EU legal regulation in the field of immigration and integration of migrants. It should be noted that almost 20 million third-country nationals reside within the EU, who represent 4% of the EU population. Significant demographic changes are taking place in the EU the working age population is to decline very fast.  It was presented the author's definition of sectorial principles in the EU's immigration and integration spheres, in particular the principle of solidarity, the principle of security, the principle of freedom of the EU to decide on the admission of third-country nationals to its territory; the principle of family unity, the principle of integration of migrants into the host society. Author's position is that, the reform of the EU legal migration policy aims at facilitating access to the EU and empowering third-country nationals, that is extremely important as migration tends to be positive under proper management: it gives those who want to migrate an opportunity to improve their lives, while increasing labor resources for EU host countries. Managed migration can increase tax revenue, which can then be spent on overcoming the EU's demographic problem, one of the world's fastest-aging populations. It was defined, that the immigrant integration is a national competence of the Member States, although the EU assists the Member States in this area through coordination, sharing of knowledge and financial resources. The issues regarding the integration of migrants into the EU are implemented at two levels, namely: the European Union sets the political direction in the form of certain decisions and recommendations from EU institutions; EU Member States formulate a national policy on the integration of migrants in line with EU recommendations. Although there is no legal basis in the primary legislation to draft regulations and directives on the integration of migrants, Directive 2003/86 on family reunification and Directive 2003/109 on the granting of long-stay status to third-country nationals play important role in the integration of migrants into the host society. In addition, an Asylum, Migration and Integration Fund has been set up at EU level to support the integration of third-country nationals into the host Member States of the EU.

References

Migrant intergation policy index 2015 URL: http://www.mipex.eu/key-findings.
Population structure and ageing URL: https://ec.europa.eu/eurostat/statistics-explained/index.php/Population_structure_and_ageing#Past_and_future_population_ageing_trends_in_the_EU.
Migration Policy: A Global Context and Ukrainian Realities: а Monograph / O.Malynovska. K.: NISD, 2018. 472 p.
Husarov K. World experience in combating illegal migration. URL: http://repositsc.nuczu.edu.ua/bitstream/123456789/5031/1/%D0%93%D1%83%D1%81%D0%B0%D1%80%D0%BE%D0%B2 % D0% 86% D0% 94% D0% A3% D0% A6% D0% 97.pdf
Weber B. The German Refugee “Crisis” after Cologne: The Race of Refugee Rights. English Language Notes. 2016. №2. P. 77-92.
https://hcommons.org/deposits/objects/hc:18610/datastreams/CONTENT/content
Glossary on Migration URL: https://publications.iom.int/system/files/pdf/iml25_1.pdf
Drozhyna C. Multiculturalism: theoretical and practical aspects. Political management. 2008. №3. P.96-106.
Migrant intergation policy index 2015 URL: http://www.mipex.eu/key-findings.
Bogdandy A. Founding Principles of EU Law A. Theoretical and Doctrinal Sketch. Constitutional Law of the European Union. 2010. №12. С. 35–56.
European Law (European Union Law): A study guide for exam preparation. K.: “Center for Educational Literature”, 2013. 153 p.
Streltsova O. General principles of law as a source of European Union law. URL: http: //dspace.nbuv.gov.ua/bitstream/handle/123456789/63930/55-Streltsov.pdf? Sequence = 1.
European Union Law: [textbook] / ed. P.A. Petrova. 4th ed., Edited. and extra. K.: Truth, 2011. 370 p.
Bogachova L. Principles of European and National Law (comparative legal analysis of classification criteria). State building and local government. 2013. №26. P. 47-60. URL: http://nbuv.gov.ua/UJRN/dbms_2013_26_6.
Kucuk E. The Principle of Solidarity and Fairness in sharing Responsibility: More than WindowDressing? European Law Journal. 2016. №22. С. 448–469.
Giannakopoulos A. Solidarity in the European Union: Challenges and Perspectives. Center for International and Regional Studies. 2017. 134 p.
R. Schumann Declaration, 1950 URL: https://www.robert-schuman.eu/ru/doc/questions-d-europe/qe-391-ru.pdf
Eurobarometer Special Surveys, 2019 URL: https://ec.europa.eu/europeaid/special-eurobarometer-eu-citizens-and-development-cooperation-2019_en.
Mushak N. Schengen acquis in European Union law: diss. doc. Jur. Sciences: 12.00.11 / Musak Natalia. Kyiv, 2019. 438 p.
Maldini P., Takahashi M. Refugee Crisis and the European Union: Do the Failed Migration and Asylum Policies Indicate a Political and Structural Crisis of European Integration? Communication Management Review. 2017. №2. С. 54–71.
Päivi L., Roman P. Between ‘Common Values’ and Competing Universals - The Promotion of the EU's Common Values Through the European Neighbourhood Policy. European Law Journal. 2009. №5. С. 654–671.
V Moreno-Lax, ‘Solidarity’s Reach: Meaning, Dimensions, and Implications for EU (External) Asylum Policy’ (forthcoming). Maastricht Journal of European and Comparative Law. URL: https://www.unhcr.org/59632a3c7.pdf

Abstract views: 16
PDF Downloads: 37
Published
2019-11-11
How to Cite
Kortukova, T. (2019). Features of the EU legal regulation in the field of immigration and integration of migrants. Fundamental and Applied Researches in Practice of Leading Scientific Schools, 34(4), 79-86. Retrieved from https://farplss.org/index.php/journal/article/view/655