LEGAL LABOR MIGRATION REGULATION FROM THIRD COUNTRIES UNDER EUROPEAN UNION LAW

D. Martirosyan
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Abstract

The article deals with the EU legal framework in the sphere of regulation of legal labor migration of citizens from third countries. In recent years this issue has become one of the most discussed in the European Union due to the migration crisis and the development of geopolitical transformations. By examining the relevant provisions of primary and secondary EU law, especially certain provisions of EU secondary legislation, as well as the case law of the Court of Justice of the European Union (hereinafter — CJEU), the author concludes that the European Union institutions and competent authorities need to change their approach when it comes to labor market needs. The migration crisis of 2015-2019 has shown the need to develop and further adopt a common migration policy at the supranational level, with particular attention to the regulation of labor migration. Details on improving and developing a program for the integration and assimilation of migrants in host countries are extremely important. There is also a need to develop online platforms and tools to help potential migrants better integrate, which could be similar to the European Job Mobility Portal (EURES). Particular attention needs to be paid to the implementation of European law at the supranational level, as individual countries complicate administrative and bureaucratic regulation in order to reduce the flow of migration into their countries. In general, despite some progress in the development of EU migration law, there is a need to improve it in order to bring it into line with the reality of migration regulation.
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根据欧盟法律,对来自第三国的合法劳工移民进行监管
文章讨论了欧盟在第三国公民合法劳动移民监管领域的法律框架。近年来,由于移民危机和地缘政治转型的发展,这一问题已成为欧盟讨论最多的问题之一。通过对欧盟一级和二级法律的相关规定,特别是欧盟二级立法的某些规定,以及欧盟法院(以下简称CJEU)的判例法的考察,笔者认为欧盟机构和主管当局在应对劳动力市场需求时需要改变他们的做法。2015-2019年的移民危机表明,有必要在超国家层面制定并进一步采取共同的移民政策,特别要注意对劳动力移民的监管。改善和制定移民在东道国融入和同化方案的细节极为重要。还需要开发在线平台和工具,帮助潜在移民更好地融入社会,这可能类似于欧洲就业流动门户(EURES)。需要特别注意在超国家一级执行欧洲法律,因为个别国家使行政和官僚条例复杂化,以便减少移民流入其国家。总的来说,尽管欧盟移民法的发展取得了一些进展,但仍有必要对其进行改进,以使其符合移民监管的现实。
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