1. Development of EU policy on Immigration and Asylum
Mirela P. BOGDANI
Law Faculty, University of Tirana, ALBANIA
November, 2016

2. Development of EU policy on Immigration and Asylum
Immigration Policy & Asylum – part of EU Agenda
Aim of EU asylum policy is to harmonize asylum procedures in the Member States by establishing common asylum arrangements, with a view to offering appropriate status to any third-country national requiring international protection and ensuring compliance with the principle of non-refoulement.
Already become a specific component of ongoing Common Security and Defense Policy (CSDP)
Is a dynamic situation
Legal & Political approach

3. Development of EU policy on Immigration and Asylum
Legal Reference
Art. 67(2) of the TFEU
EU shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationals. For the purpose of this Title, stateless persons shall be treated as third-country nationals.

4. Development of EU policy on Immigration and Asylum
Art. 78 of the TFEU
The Union shall develop a common policy on asylum, subsidiary protection and temporary protection with a view to offering appropriate status to any third-country national requiring international protection and ensuring compliance with the principle of non-refoulement. This policy must be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees, and other relevant treaties. 2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures for a common European asylum system

5. Development of EU policy on Immigration and Asylum
Article 18 of the EU Charter of Fundamental Rights.
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union.

6. Development of EU policy on Immigration and Asylum
Treaty of Amsterdam granted the EU institutions new powers to draw up legislation in the area of asylum using a specific institutional mechanism.
Treaty of Nice - within 5 years of its entry into force, the Council should adopt measures on a number of fronts, in particular criteria and mechanisms for determining which Member State is responsible for considering an application for asylum made by a third-country national within the EU, as well as certain minimum standards (in relation to the reception of asylum seekers, the status of refugees and procedures).

7. Development of EU policy on Immigration and Asylum
2007/ Treaty of Lisbon changed the situation by transforming the measures on asylum into a common policy. Its objective is no longer simply the establishment of minimum standards, but rather the creation of a common system comprising a uniform status and uniform procedures.
a uniform status of asylum / subsidiary protection,
a common system of temporary protection,
partnership and cooperation with third countries.

8. Development of EU policy on Immigration and Asylum
Lisbon Treaty
Arrangements for judicial oversight by ECJ have been improved significantly. Preliminary rulings may now be sought by any court in a Member State, rather than just national courts of final instance. This should enable the Court of Justice to develop a larger body of case law in the field of asylum.

9. Development of EU policy on Immigration and Asylum
Four pillars to better manage migration
Reducing the incentives for irregular migration
Border management – saving lives and securing external borders
Europe's duty to protect: a strong common asylum policy
A new policy on legal migration

10. Development of EU policy on Immigration and Asylum
I. REDUCING THE INCENTIVES FOR IRREGULAR MIGRATION
Addressing the root causes of irregular and forced displacement in third countries
Civil war, persecution, poverty, and climate change all feed directly and immediately into migration, so the prevention and mitigation of these threats is of primary importance
Partnership with countries of origin and transit is crucial and there are a series of established bilateral and regional cooperation frameworks on migration in place. Stepping up the role on migration of EU Delegations in key countries. Delegations will in particular report on major migratory related developments in the host countries, 5contribute to mainstream migration issues into development cooperation and reach out to host countries to ensure coordinated action. European migration liaison officers will be seconded in EU Delegations in key third countries, in close cooperation with the Immigration Liaison Officers Network and with local authorities and civil society, with the purpose of gathering, exchanging and analyzing information.
A good example of where there is much to be gained from stepping up cooperation is Turkey. Since the beginning of 2014, Turkey has received EUR 79 million to contribute to its efforts to deal with the pressure on its refugee management system and to help prevent hazardous journeys in the Eastern Mediterranean.

11. Development of EU policy on Immigration and Asylum
Fight against smugglers and traffickers. Cooperation with third countries is of critical importance. Most of the smugglers are not based in Europe, and those who are arrested on the boats in the Mediterranean are normally the last link in the chain
EU Agencies can also assist Member States' authorities in intensifying their action against criminal networks of smugglers. Agencies help identify smugglers, investigate them, prosecute them, freeze and confiscate their assets.
Return policy of those immigrants that does not fulfill the employment criteria (only 39.2% of return decisions issued in 2013 were effectively enforced)

12. Development of EU policy on Immigration and Asylum
II. BORDER MANAGEMENT – saving lives and securing external borders
Identifying risk trends
Commission – establish a Union standard for border management (2016)
Funding - Internal Security Fund already provides over €2.7 billion to Member States for the period from
EU today has three large-scale IT systems, dealing with the
- Administration of Asylum (Eurodac)
- Visa Applications (Visa Information System), and
- Sharing of information about persons or objects for which an alert has been created by the competent authorities (Schengen Information System).

13. Development of EU policy on Immigration and Asylum
III. EUROPE'S DUTY TO PROTECT: a STRONG common asylum policy
EU needs a clear system for reception of asylum-seekers inside the EU. In 2014, a record 600,000 people applied for asylum. All asylum applications must be processed and protection granted to those who qualify. One of the weaknesses exposed in the current policy has been the lack of mutual trust between Member States, notably as a result of the continued fragmentation of the asylum system.
A new systematic monitoring process, to look into the implementation and application of the asylum rules and foster mutual trust.
Standards on asylum procedures / infringements / practical cooperation / a more effective approach to abuses

14. Development of EU policy on Immigration and Asylum
Dublin System (mechanism for allocating responsibilities to examine asylum applications)– greater responsibility sharing across Member States / In 2014, only five Member States dealt with 72% of all asylum applications EU
Member States must also implement fully the rules on taking migrants' fingerprints at the borders, through digital photos
Measures to promote systematic identification and fingerprinting / More biometric identifiers passed through Eurodac (IT system dealing with immigrants and asylum)
Evaluation and possible revision of the Dublin Regulation in 2016

15. Development of EU policy on Immigration and Asylum
IV. A NEW POLICY ON LEGAL MIGRATION
Europe is competing with other economies to attract workers with the skills it needs. Changes in the skills required by the EU between 2012 and 2025 are expected to show a sharp increase in the share of jobs employing higher-educated labour (by 23%).Shortages have already been seen in key sectors such as science, technology, engineering and healthcare. Europe needs to build up its own skills base and equip people for inclusion in today's labour market.
Commission - a new Labour Mobility Package and a new Initiative on Skills in 2015
EU - facing a series of long-term economic & demographic challenges. EU population is ageing, while its economy is increasingly dependent on highly-skilled jobs. Migration will increasingly be an important way to enhance the sustainability of our welfare system and to ensure sustainable growth of the EU economy.

16. Development of EU policy on Immigration and Asylum
Well managed regular migration and visa policy
Horizon 2020 & Erasmus +
Blue Card Directive – EU wide scheme for attracting highly qualified & talented third-country nationals & entrepreneurs who are willing to invest in Europe
Sector with important economic impact is services, includes well-trained, highly-skilled foreign professionals who need to travel to the EU for short periods in order to provide services to businesses or governments.
Member States' role on a more direct and open dialogue to build common thinking & policy approaches and exchange best practice at European level.
Commission - support Member States in promoting a permanent platform of dialogue and peer evaluation at European level on issues such as labour market gaps, regularization and integration , business, trade unions – issues where decisions by one Member State have an impact on others.
Effective integration of migrants

17. Development of EU policy on Immigration and Asylum
Completion of the Common European Asylum System
A shared management of the European border / moving towards a European System of Border Coastguard
A new model of legal migration: EU Treaties reserves the final decision on the admission of economic migrants for Member States. However, the EU needs to look at how to ‘marry’ this limitation with the collective needs of the EU economy – Role of Commission - initial selection of potential migrants, with employers invited to identify priority applicants from the pool of candidates, and migration taking place after the migrant is offered a job