Introduction - Impact of EU Laws on Legal Migration and Human Rights
The "International Organization for Migration" (IOM) report of 2022, has projected that approximately 281 million migrants have been noticed in the year 2020. The migrant rate has increased by 3.5% during 2020 globally and approximately 8.84 million migrants were employed across the "EU labour market" in 2021. Thus, it can be stated that a high percentage of migrants driven by many reasons have gone towards the EU. In 2021, nearly 20% of migrants were there for work and 36% of migrants were there with family, under the total migrants across the EU.
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Therefore, the EU has adopted different sets of frameworks and rules in terms of adequately managing the flow of migration. It has been observed that increasing the scenario of migration might bring a major crisis with respect to the concerned region. In terms of mitigation of such a crisis related to the migrant's development of different sets of frameworks and rules, which are critically essential for the EU.
Thus, this study has been focused to explore and critically discuss the role of the "EU legislative framework" with respect to legal migration. Along with that, this study will also feature external cooperation aspects on migration in contrast to the limits of an effective solution. Besides that, "Labour migration" and "Family reunification" prospects in contrast to "External cooperation on migration" will be also critically discussed.
Thesis statement: "External cooperation with respect to migration represents by the EU legislative framework on legal migration, gave an effective solution to reduce migration."
Discussion
Factors critical for the success of the EU partnership on migration
The "European Union (EU)" cooperation in asylum and migration has increased considerably with instruments of cooperation, funds, and third partner countries. The recent refugee issues have also been poised to increase the rates of further procedures and the commissioning of developing them even further. In this regard, they are commissioned by the "European Parliament's Policy Department for Citizens" Rights and Constitutional Affairs by creating requests through the LIBE Committee (Europarl.europa.eu, 2023). It has also been making a reflection on the imbalances of the EU's external actions and the absence of evidence has been making an effect by increasing the rates of EU external actions by determining the ultimate objectives of the migration policy. The balance between the multiple ranges of components related to the reinforced partnership approaches, transparency of better scrutiny and evaluation, GAMM has been making a partnership by identifying the effective ranges of challenges.
The differentiations of factors related to "Conditionality and Realities", "Human Rights of Migrants", "Incentives and Risks", "Legal Pathways", "Implementation Capabilities", "Mobility and Migration dialogue" have been improving the cultural attributes by generating the cultural characteristics of a sustainable manner. Therefore, the power related to diplomatic and financial problems in Europe has been making asymmetrical concentrations on the evaluations by making partnerships and improving the culture regarding urgency by matching with the enormous pressures in the organisations (Europarl.europa.eu, 2023). Therefore, the creation of effective policy has also been measured by employment by shaping the EU's employment and generating the ultimate ranges of measurements for influencing the mitigation decisions in a sustainable manner (Eas.europa.eu, 2023).
The reluctance for entered into agreements in Europe has been making a policy by securing promotional activities as well as national interests and the despite signing with EU common agenda has been also making mobility and migrations by repercussions the consequent political instability by enabled the environmental structures. In this regard, the "European Union (EU)" have been making tangible achievements by generating the ultimate ranges of succession rates. "Continent of Peace" has been considered one of them. The objectives of the EU have been generating the five ranges of values human dignity has been considered one of them by improvements of freedom have also been provided with citizenship making equality and generating the "Rule of Law" by developing the cultural attributes regarding the proportion of "Human Rights" (Philoid.com, 2023). Therefore, the rapid ranges of increasing the rates of populations by the maintenance of rules and economic modernisations have been reducing the rates of discrimination against the ethnic and religious minority groups that have been touched upon by making economic resistance. The differentiation of attributes related to "Opportunities and Employment", "Freedom of Expression", "Higher ranges of income", "Educational Opportunities", "Better public services", and "Religious Freedom" has been developing the cultures of influencing migrations (Europarl.europa.eu, 2023).
The EU has also been treated as the biggest economy with a GDP of about 12 trillion dollars and exceeding the USA, and its Euro, the Currency, has been posing a threat to the dollar, which has a diplomatic, political, and economic influence. For instance, the "European Bank" has been considered an EU Bank that has promoted growth and jobs by supporting the EU's external policies by seeking contributions to the discussions and debate on vital issues by accessing the migrations in the beyond and Europe in an effective manner. The migrations have also provided an accurate range of opportunities by widespread about the reading migrations that can be treated as a burden and generalised the short ranges of costing structures and advice about the macro-economic and fiscal benefits of the individual's with the chances of educations and employment opportunities (Eeas.europa.eu, 2023). Therefore, the "European Commission (EU)" has been putting significant building blocks in place and the absenteeism of coordinated and sustainable systems that have been to combat rain drain as well as need to be provided with the humanitarian the economic responses.
As stated by Langan and Price (2021), the problematic of the EU's approaches to trade have been "Development and Migration (TD&M)" around the contexts of Africa-EU relations as well as pushing for free trade by dealing with the activities of "Economic Partnership Agreements (EPAs)". Therefore, the EU Policymakers have also been creating a harmonisation between the trading policies and improving the ultimate ranges of migration objectives and development goals in Africa. As opined by Langan and Price (2021), these have also been causes of concerned activities of continents and accurately making a concern by intensifying the import-competing agricultural industry. Thus, free trade has also dealt with the stimulations of migrations from Europe to Africa and making an apparent paradox that has been underscored through the recently filed working area. It has considered Ghana's poultry sector, highlighted the business stakeholders with deep concern of the PA, and discussed the migrations and unemployment rates. The situation has been renowned as the "Copenhagen Criteria" for making a stable democracy and generating the "Rule of Law" by functioning the market economy by accepting the EU legislation of including the Euro.
Therefore, the phenomena of the mitigations have been creating an existing ability for centuries and driving the differentiation of attributes related to "Natural Disasters, Economics, Socio-Political Factors, Urbanisations and Demographic increases and Family reunification factors" in an effective manner. Besides that, the relationship between migrations and developments has become sustainably increased by making enhancements facility and reduced the poverty by discourse the potential threats of irregular migrations of their domestic populations and improving the cultural attribute regarding financial crisis by accessing the production activities as well as selling infrastructures modules (Langan and Price, 2021). Thus, it has also been making a wider range of changes in activities in the improvements of the economic stability that can also be expressed in the cultural attributes regarding employment rates that have been generalised with positive impacts based on the underpinned activities.
Impacts of the legislative framework of the EU on legal migration
European Union has developed an effective legal framework for the "immigration policy" under "article 79 1 TFEU" through directives (Ecfr.eu, 2023). It has been noticed that members of states implement different rules and regulations according to their administrative and legal traditions through using the Directives. As per the opinion of Geddes 2020, the EU has adopted different sets of rules, regulations and frameworks to manage and control legal migration flows towards highly skilled workers, researchers, seasonal workers, people pursuing family reunification and students. The EU has some common rules and policies for processing asylum requests (Geddes et al. 2020). In addition, the EU signed agreements on readmission for returning irregular migrants.
As per the opinion of De Haas 2019, resettlement and relocation measures adopted concerning the migrant and refugee crisis have represented the need or requirement to support member states that have fewer experiences associated with integration. "The common European asylum system (CEAS)" has set minimum benchmarks for treatment for all asylum applications and asylum seekers across the EU (De Haas et al. 2019). It has been noticed that the migration crisis demonstrated the requirement to reform the asylum rules of the EU. The European Commission posted an effective or new pact on asylum and migration on 23 September 2020 as a segment of a common general reform of asylum and migration rules of the EU (Baldwin-Edwards et al. 2019). This proposal has provided a comprehensive common and significant European framework for asylum and migration management, such as different legislative proposals.
Üstübici 2019 stated that external governance of the EU generally refers to the EU rules expansion beyond EU borders (Ilo.org, 2023). Externalization in the concept of migration governance has broadly been used for the transfer of border control to third countries and the migration management redefinition beyond destination states and the territorial borders of states
(Ecfr.eu, 2023). As per the opinion of Dwyer 2020, legal migration is an effective part of a balanced common migration policy of the EU, from the country of destination, the countries of origin, and migrants have been benefited. It provides people who plan to migrate with a chance to increase their circumstances.
Simultaneously, it assists host countries in handling labour market needs. It has been observed that legal migration is an investment in the society as well as the economy of the country (Dwyer et al. 2020). It supports and promotes digital and green transactions of the EU, while effectively contributing to building more resilient and cohesive European societies. The commission demonstrated a communication setting out a strategy towards sustainability and a new migration policy of the EU on 27th April 2022. This policy has been attracting the talk and skills that the European Union needs to tackle the shortage of labour and demographic change in Europe. On a similar day, the EU commission also highlighted a proposal to modernize the "Single Permitted Directive and Long-term Resident Directive" (Home-affairs.ec.europa.eu, 2023). The major purpose of this recast is to reduce costs, prevent labour exploitation, decrease administrative burden, and support further mobility and integration within nationals and non-nationals of the EU countries.
Challenges faced by the EU in managing the problems of legal migration
As per the opinion of Lutz (2019), there are five major challenges that have been persistent such as "Immigration detention, unaccompanied children, Asylum procedures, Reception conditions, and Access to territory". Access to the territory of the member states of the EU has become more crucial in almost 50 per cent of the member states of the EU covered (Lutz et al. 2019). Despite this crucial drop in newly arriving asylum and migrant seekers of asylum in the management of internal and external borders, EU member states remained stricter and in emergency mode. Different member states of the EU reintroduced border control.
As per the argument of Wallace (2020), border guards and police reportedly ill-treated migrants specifically on the route of the Western Balkan and in a certain location in Spain. Most asylum applicants and migrants that a country receives have not been essentially associated with the reception's condition quality. Besides that, the lower members relatively, reception conditions in different Member States of the EU did not improve (Wallace et al. 2020). It has been observed that in the countries where new arrivals members are high, poor living conditions and capacity caused concern. In addition, an inadequate reception condition affected many protests, and although many positive departments towards the vulnerable asylum seekers' protection have been reported, they have been outweighed by challenges and barriers. It includes their identification, provision and accommodation of special support and care.
In contrast, Carrera and Cortinovis (2019), gender-based violence and sexual violence in reception centres remain major issues in many Member States of the EU. In contrast, room for development regarding the treatment of asylum seekers in terms of “lesbian, gay, bisexual, transgender and intersex (LGBTI)" has been assumed in the majority of Member States of the EU. The other challenge regarding the registration and identification procedures persisted in different member states of the EU, including the required timeframes, which have not been respected. As per the concerned of Ward (2019), legal and practical barriers to information legal aid, and interpretation have existed in all Member States of the EU covered. It has been noticed that asylum-seeking children in many EU Member States have limited access to health, safety and education (Ward et al. 2019). Children continue to suffer legal and practical barriers to accessing better asylum procedures in many EU Member States.
As per the argument of Fonseca and McGarrigle (2019), the methods of age assessment have been hugely criticized from perspectives of fundamental rights. For example, children have not been given the advantage of the doubt concerning their age, and children are treated as adults due to age assessment procedures consisting purely of medical examinations (Fonseca and McGarrigle, 2019). As per the argument of Brochmann and Hammar (2020), in many EU member States, there are different challenges remaining regarding legal information and assistance for the detention of vulnerable people and detention facilities. It has been observed that a few months ago, increasing the use of immigration detention in certain Member States of the EU.
Migrant crisis handling approaches of the EU for safeguarding Human Rights by "External Migration Policy".
It has been observed that the EU recognises and addresses migration as a highly sensitive and top-most prioritized issue. A pursuit of deep fears and hope has been aligned with migration thus a dramatic scenario of an increasing rate of migration has been noticed. The union has deep reliance on international human rights and broadly promotes globally (Alston et al. 1999). In view of the scenario of the migration practice of progressive refinement for the framework of migration policy, the strategic significance of external action by EU. It has been observed that due to Lisbon Treaty, 3 core documents have concisely shaped the EU’s strategy with respect to the domain of migration.
The parliament of the union has brought the "Global Approach to Migration and Mobility" (GAMM), "Migration Partnership Framework" and Agenda on Migration. The core objectives of the formulation of such policies and framework have been associated with the effective handling of the migrant crisis. The forthcoming pact of Migration has also been developed based on both external and internal factors of migration. The GAMM have featured core 4 thematic priorities in terms of formulation of a comprehensive and ‘coherent framework and policy for the EU (de Haas et al. 2007). Therefore, it can be stated that mobility and legal migration have been acknowledged, and a fight against "Irregular migration", "Migration-development nexus" and asylum have been considered.
A high level of the migrant crisis has been reported during the period of 2015; in view of the concerned situation, the Agenda on Migration has concretely focused on measuring the medium and short-term aspects of the refugee crisis. The major objective of migration policy has reflected that accurate management of the flow of migration across the "Member States" of migration. The concerned policy has brought a normative competence in terms of the prevention of illegal immigration (Maru, 2021). According to the "Family reunification (2003/86/EC)", act Member States of the EU can authorize or permit the entry of third-country citizens for residence.
It has been observed that the directive of "Family reunification" cannot be applicable with respect to the citizens of the EU. Along with that, the applicants of refugee status also cannot retain the benefits of the directive of "Family reunification" (Lexparency.org, 2023). The concerned type of migration application relied upon a few factors, those are "First-degree descendants" belonging to the direct line (Parents of foreign nationals) and unmarried children belonging to the upper age of majority.
Thus, an external citizen of member states of the EU can seek migration along with a spouse and minor children in terms of residence. In the case of public security, health and policy, Member States have the sole right to reject the application of migration and residence with respect to family members (Europarl.europa.eu, 2020). After the approval of family reunification, the Member States have to grant a permit of residence for at least one year that can be renewed later. It can be stated that this type of policy has broadly helped in terms of the promotion of legal migration and avoidance of the migrant crises.
Besides that, unions have developed policies with respect to the "Highly-qualified Workers" for employment. In view of the scenario, the Blue Card policy has been brought into practice and non-EU citizens can make entry and start residing legally with this policy. The eligibility parameter of this type of migrant ship demands a high level of professional or academic qualification. It has been explored that nearly 25 Member states acknowledge legal migration in contrast to the policy of Blue Card (Coe.int, 2023). However, the evaluation of the "2009 Blue Card Directive" has reflected a less successful approach in terms of sorting highly skilled workers. Due to the issue, in 2016 a plan of action was presented to support "Member states" with respect to the integration of ”Highly-qualified Workers". The major objective behind this type of scheme reflected that those types of migrants can contribute socially and economically to the development of member states.
On the other hand, according to the "Students Directives 2004" and "Researchers Directives 2005", researchers and students can make legal migration across the member states. Along with that, researchers and students have the right to equal treatment and permission to work. Besides that, the right with respect to family reunification also has been provided under the regulation of those directives (Hrw.org, 2018). This type of policy-driven framework with respect to legal migration has successfully conserved human rights aspects. Along with that,t issues of illegal migration have also been prevented across the member states of the EU.
It has been observed that the "New Pact on Migration and Asylum" was presented in 2020 by the "European Commission". The pact has been assigned with a prominent prospect of cooperation with respect to the origin of third countries and the transition of the flow of migration. The commission has recalled that dimensions of external and internal migration have inextricably emerged with each other. Therefore, facilitation of achieving the objectives and goals of asylum and immigration across the member states of the EU. The commission has recognised and concisely addressed the core cause associated with migration and concretely focused on the formulation of legal pathways (Ilo.org, 2019). That can help through safeguarding and forecasting purposes of legal migration in terms of strengthening management capacities with respect to migration.
However, it has been observed that the Pact has represented a rigid transformation with the paradigm of cooperation among non-EU nations or states. The cooperative nature has been designed with a balanced, comprehensive and mutually beneficial pattern. The concept of "Mutually beneficial partnerships" has proliferated the interests of the EU along with partner countries. The concerned pact explicitly insists the core cause relied upon migration and based on that formulation of development cooperation for the reduction of migration (Commission.europa.eu, 2021). Hence, it can be stated that the "External Migration Policy" has accurately addressed human rights and is capable of dealing with the migrant crisis.
Conclusion
It has been explored that nations have stiffer challenges related to the effective management of migration crises in consideration of human rights. Irregular immigration has been coined as a critical issue of both international and national policy with respect to member states of the EU. In the last few decades, migration from South–North nations has projected an unprecedented persistence and policies of the past decade with respect to migration have failed to gain the objectives of the policy. In view of the scenario, researchers have suggested that the promotion of economic and social development with an External cooperation approach can adequately resolve the issues related to migration.
Therefore, the External cooperation nature of partnership across global countries can liberalise the trade factors of nations. As a result of this scenario, illegal migration can be prevented with legal migration factors. In contrast to the scenario, the "European Commission" has brought the concept of "External Migration Policy" into consideration with external cooperation. A few norms and frameworks related to the different types of legal migration have been brought into practice. It has been observed that in terms of fulfilling the eligibility parameter of migration, the origin of a third country can be authorized with entry and residence across member states of the EU.
Legal migrants have also been entitled to equal rights and norms with respect to the specific state depending upon the directive nature of migration. Along with that in every directive of migration of the EU, human rights have been preserved profoundly.
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