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Regulating Migrant Integration in Europe: The Case of Skills

Dáire McCormack-George

ISBN13: 9789004719774
To be Published: April 2025
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £85.00



Migrants coming to and moving within Europe typically experience inadequate recognition of their professional qualifications and wrongful discrimination. This book describes and critically assesses international, European and EU laws and policies governing migrant integration in Europe, with a particular focus on those concerning the recognition of migrants' skills. It argues that at least certain parts of EU law require clarification, restatement and even reform. The book formulates practical proposals to improve the governance of migrant integration in Europe, making it more coherent, effective and fair.

Subjects:
Immigration, Asylum, Refugee and Nationality Law
Contents:
Introduction
 1 Setting the Scene
 1.1  A Vision for Europe?
 1.1.1 The Lisbon Strategy
 1.1.2 Europe 2020
 1.1.3 The European Pillar of Social Rights
 1.1.4 The European Green Deal
 1.2  The EU in the Global Market
 1.3  The EU and Migration
 1.3.1 The Global Approach to Migration and Mobility
 1.3.2 A European Agenda on Migration
 1.3.3 A New Pact on Migration and Asylum
 1.4  Securing Europe’s Future: Skills
 1.5  The Experience of Migrants to Date
 1.6  Synthesis and Summary
 1.7  Limitations and Criticisms
 2 Central Research Questions
 2.1  Questions and Sub-questions
 2.2  Contribution to Scholarship and Originality
 3 Sources
 3.1  Sources of Law
 3.2  Sources of Normativity
 4 The Theme of Governance
 5 Structure of the Book
  Conclusion

Part 1: The Legal Foundations of Migrant Integration
1  The Right to Work
  Introduction
 1 The Right to Work in International and European Law
 1.1  International Law
 1.1.1 International Human Rights Law
 1.1.2 International Labour Law
 1.1.3 International Economic Law
 1.2  European Law
 1.2.1 The European Convention on Human Rights
 1.2.2 The European Social Charter and Revised European Social Charter
 2 The Right to Work in EU Law
 2.1  Origins
 2.2  Genesis
 2.3  The Charter of Fundamental Rights of the European Union
 2.4  Beneficiaries
 2.4.1 Citizens
 2.4.2 Non-citizens
 2.5  Scope
 2.6  Restrictions and Limitations
  Conclusion
2  The Right to Equal Treatment and Non-discrimination
  Introduction
 1 Discrimination, Migration and Nationality
 1.1  Overview
 1.2  Discrimination, Skills and Migration
 1.2.1 Discrimination, Freedom and Domination
 1.2.2 Discrimination, Skills and Migration
 1.3  Discrimination, Migration and Nationality
 2 The Right to Equal Treatment and Non-discrimination in International and European Law
 2.1  International Law
 2.1.1 International Human Rights Law
 2.1.2 International Labour Law
 2.1.3 International Economic Law
 2.2  European Law
 2.2.1 European Convention on Human Rights
 2.2.2 Revised European Social Charter
 3 The Right to Equal Treatment and Non-discrimination in EU Law
 3.1.1 Article 18 tfeu
 3.1.2 Article 21 cfreu
 3.1.3 The Argument for Expanding the Scope of Application of the Right to Equal Treatment and Non-discrimination
 3.1.4 Some Objections
 4 Converging Conceptions of Equal Treatment and Non-discrimination in EU Law
 4.1  Competing Conceptions of Equal Treatment and Non-discrimination
 4.1.1 Overview
 4.1.2 Political Reasons
 4.1.3 Conceptual Reasons
 4.1.4 Sociological Reasons
 4.2  A Partial Unitary Conception of Equality and Non-discrimination?
 4.2.1 The Goal
 4.2.2 Hopeful Beginnings …
 4.2.3 … or Hope in Vain?
  Conclusion

Part 2: The Case of Skills
3  External Migration
  Introduction
 1 International and European Law
 1.1  International Law
 1.1.1 International Human Rights Law
 1.1.2 International Labour Law
 1.1.3 International Economic Law
 1.2  European Law
 1.2.1 The Convention on the Recognition of Qualifications Concerning Higher Education in the European Region 1997
 1.2.2 Recommendation on the Recognition of Refugees’ Qualifications
 2 EU Migration and Asylum Law
 2.1  Overview
 2.2  Categories of Migrant
 2.2.1 Regular Migrants
 2.2.2 Forced Migrants
 2.2.3 Irregular Migrants
 2.3  Analysis
 2.3.1 General Observations
 2.3.2 Regular Migrants
 2.3.3 Forced Migrants
 2.3.4 Irregular Migrants
 3 EU External Relations Law
 3.1  Overview
 3.2 
Partnership, Association and Trade Agreements
 3.2.1 Overview
 3.2.2 (Almost) Full Mutual Recognition: eea States and Switzerland
 3.2.3  ceta and Mutual Recognition Agreements
 3.2.4 ‘ ceta -minus’ Arrangements
 3.2.5 The EU-UK Trade and Cooperation Agreement
 3.2.6 Equal Treatment and National Treatment
 3.2.7 Education and Training
  Conclusion
4  Internal Migration
  Introduction
 1 The Principle of Mutual Recognition
 1.1  Origins
 1.2  The Principle
 2 The Recognition Directive
 2.1  Operation of the Recognition Directive
 2.1.1 Does the National of a Member State Concerned Have a Professional Qualification?
 2.1.2 Has that National Moved from One Member State to Another for the Purpose of Pursuing Their Profession?
 2.1.3 Is that Profession a Regulated Profession in the Host Member State?
 2.2  Mutual Recognition in the Recognition Directive
 2.2.1 The Methods of Recognition
 2.2.2 The Effects of Mutual Recognition
 2.2.3 Restrictions on Mutual Recognition
 2.3  Beneficiaries of the Recognition Directive
 2.3.1 The Law
 2.3.2 Analysis
  Conclusion
5  Soft Law and Policy
  Introduction
 1 EU Migration and Asylum Policy
 1.1  Overview
 1.2  Integration Policies and Initiatives
 1.2.1 Background
 1.2.2 The European Migration Forum
 1.2.3 Action Plan on the Integration of Third-Country Nationals
 1.2.4 Action Plan on Integration and Inclusion 2021–2027
 1.3  Recent Developments and Proposals for Reform
 1.3.1 Recommendation on the Recognition of Qualifications for People Fleeing Russia’s Invasion of Ukraine
 1.3.2 Recommendation on the Recognition of Professional Qualifications of Third-Country Nationals
 1.3.3 Proposal for a Regulation Establishing an EU Talent Pool
 1.4  Funds Supporting Integration
 1.4.1 European Social Fund and European Social Fund Plus
 1.4.2 Asylum, Migration and Integration Fund
 2 EU External Relations Policy
 2.1  Overview
 2.2  Mobility Partnerships
 2.3  European Neighbourhood Policy and Enlargement
 2.3.1 European Neighbourhood Policy
 2.3.2 Enlargement Policy
 2.4  International Cooperation and Policy Dialogue
 2.5  International Cooperation and Development
 3 EU Education and Training Policy
  Conclusion

Conclusion
  Introduction
 1 The Argument of This Book
 2 Judging EU Law and Policy
 3 The Recognition of Professional Qualifications
 4 The Theme of Governance
 5 Practical Proposals for Reform
 6 Explanatory Gaps
  Conclusion

Bibliography
Index