Executive Training Migration in the EU and its Neighbourhood Florence, 21 January 2013 by Sergo Mananashvili

1. Executive Training
“Migration in the EU
and its Neighbourhood”
Florence, 23 January 2013
European University Institute
Migration Law
in Eastern EU Neighbourhood
Sergo Mananashvili
Migration Policy Centre
CARIM-East Project, Legal Module
http://www.carim-east.eu
http://www.migrationpolicycentre.eu
www.migrationpolicycentre.eu MPC

2. EU-EN Cooperation
 The current MiMo legal framework includes three types of bilateral
agreements:
1) PCAs from 90s: each PCA includes:
 A non-discrimination clause with regard to working conditions,
remuneration and dismissal.
 PCAs with AM, AZ and GE include a readmission clause.
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3.  In MD, UA and RU PCAs: only a general statement on
readmission/illegal migration:
 EC-MD/UA PCA: “The Cooperation Council shall examine which
joint efforts can be made to control illegal immigration, taking into
account the principle and practice of readmission”
 EC-RU PCA: “The Parties shall establish cooperation aimed at
preventing illegal activities such as: - illegal immigration and
illegal presence of physical persons of their nationality on their
respective territories, taking into account the principle and practice
of readmission”
Hence the need for concluding separate readmission agreements linked to VFA
agreements and the delay in initiating the same process with regard to AM and AZ.
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4. 2) Visa Facilitation Agreements with RU, UA, MD and GE (AM
forthcoming, AZ: negotiations)
3) Readmission Agreements with RU, UA, MD and GE (AM
forthcoming, AZ: negotiations)
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5.  More important in terms of a possible EU impact on migration
management systems in EN is the political cooperation in the framework
of:
i. EU-RU strategic partnership: Common Space on FSJ
ii. European Neighbourhood Policy (ENP),
iii. Eastern Partnership (EaP),
iv. Mobility Partnerships with AM, GE and MD,
v. Visa Liberalisation Dialogues
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6. I. EU-Russia Common Space of Freedom,
Security and Justice
2005 Roadmap:
 Exchange information on migration management policies and best
practices, and cooperate as appropriate in this field in relation to third
countries
 Develop an appropriate legislative framework related to migration
management
2007-2010 Progress Reports
 Tacis project to support the development of RU legislation on migration
 High level technical meetings between the Commission and Russia
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7. II. ENP: Action Plans and Progress Reports
 EU-MD-AP: A special sub-chapter “Migration issues”
 Exchange of information and best practices on migration and asylum issues
and illegal migration;
 Improve national legislation on asylum and refugees to bring it in line with
international and EU standards;
 EU to increase professional level of relevant staff through study of foreign
experience and internship in relevant services of EU countries dealing with
migration policy;
 Approximation of Moldovan legislation to the EU norms and standards.
 18 June 2007 Revised EU-Ukraine Action Plan on Freedom, Security and
Justice Challenges and strategic aims
“Develop an appropriate legislative framework related to migration management.”
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8.  UA 2011 ENP Progress Report:
“Important shortcomings in the field of migration and asylum remain both in
the legislation and in its implementation. Ukraine has to improve substantially
its refugee protection and asylum system...”
 UA 2012 ENP Progress Report:
“Ukraine achieved progress in the area of migration and asylum, but it now
needs to adopt additional by-laws and to finalise the National Migration
Management Strategy. A law on the legal status of foreigners and stateless
persons was adopted in September.”
 MD 2011 ENP Progress report:
“The following remain to be ratified: … the International Convention on the
Rights of All Migrant Workers and Members of their Families.”
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9. III. Eastern Partnership (EaP)
 2009 Prague EaP Summit Declaration: “Legislative and regulatory
approximation is crucial to those partner countries willing to make progress in
coming closer to the EU.”
 2011 Warsaw EaP Summit Declaration: The multilateral Platforms will
further help advance partner countries’ legislative and regulatory approximation
to the EU acquis by allowing exchanges of experiences and best practices.
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10.  COM Communication: “Eastern Partnership: Roadmap 2012-13 Multilateral
dimension”:
Part A.6. Asylum and migration
Objectives:
“Facilitate the approximation of standards by stepping up dialogue and
exchanging best practice between the relevant authorities in EaP countries, EU MS
and international stakeholders on migration and asylum-related issues.”
EU Support
 Panel on Migration and Asylum, workshops, seminars and studies.
 Thematic Programme on Migration and Asylum.
 Support of the EaP projects on circular migration and further implementation of
readmission agreements.
Target/Outcome:
“Improved asylum and migration systems of EaP countries, in line with best
practices and European and international standards.”
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11. IV. Mobility Partnerships
MD:
“To strengthen the Moldovan institutional capacity to manage migration. (…) The
focus should be on legislative actions, institutional and operational development,
and the promotion and implementation of migration policies.”
AM/GE:
“To enhance the capacity to monitor migration, in particular by strengthening
(Armenia's/Georgia’s) capacity to manage migration, including through deepening
interagency cooperation and coordination for effective exchanging information, as
well as in the field of improving the legal framework and monitoring its
implementation, especially through qualified human resources' development;”
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12. V. Visa Liberalisation Dialogs:
Action Plans and Progress Reports
 The most influential instruments: the adoption of migration legislation and its
subsequent implementation belong to the benchmarks of the APs, the fulfillment of
which is the precondition of future visa waiver.
 So far, 3 such dialogues have been initiated: UA, MD and GE.
 MD VLAP (16/12/2010)
Block 2: Irregular immigration, including readmission
 “Consolidation of the legal framework for border management including
adoption of a new Law on the State Border”
 “Consolidation of the legal framework for migration policy, including measures
for the reintegration of Moldovan citizens and the fight against irregular
migration”
 “Consolidation of the legal framework for asylum policy through adoption of
legislation on the integration of refugees or beneficiaries of other forms of
protection.”
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13.  UA VLAP (22/11/2010):
Block 2: Irregular immigration, including readmission
 “Adoption of a legal framework for migration policy providing for an effective
institutional structure for migration management, rules for entry and stay of
foreigners, measures for the reintegration of Ukrainian citizens, monitoring of
migration flows, the fight against illegal migration”.
 “Adoption of legislation in the area of asylum in line with international
standards (1951 Geneva Convention with New York Protocol) and EU
standards.”
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14.  Methodology: Progress Reports – 1st reports: September 2011, 2nd reports:
February 2012, 3rd MD report: 22 June 2012
E.g.: 2nd report on Ukraine:
 “The Law on the 'Legal Status of Foreigners and Stateless Persons' was
adopted on 22 September 2011. The law defines the grounds of stay for
foreigners, entry into Ukraine (…). However, it does not codify all the
issues related to entry, stay and rights of foreigners.”
 “Conditions and procedures on permanent residence are regulated in the
Law on Immigration of 2001. However, there is no provision in these rules
allowing a foreigner to upgrade his status to that of a permanent resident
after a given number of years of residence in Ukraine. Relevant by-laws
should be adopted/amended in line with the new Law, defining procedures
for issuing residence permits and visas, the format of the residence permit,
rules for transit through Ukraine, procedures to confirm sufficient funds
for stay, procedures for enforcing entry bans, etc.).”
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15.  “General rules on entry and stay (such as the length of legal stay for foreigners
without visa obligation) should be defined in the Law on legal status of
foreigners and stateless persons.”
3rd Report on MD:
 “A new Law on foreigners in the Republic of Moldova was adopted on 16 July
2011. (…) Its extensive provisions cover all fields of immigration matters. (…)
However, some older national laws still apply to legal stays of foreigners in the
Republic of Moldova. In order to increase legal certainty, they should be
repealed and integrated into the new law.”
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16. THE FLOOR IS YOURS
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