LEGAL REGULATION OF LABOR MIGRATION IN THE EU

Vasyl Andriiv, Tetiana Vakhonieva
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Abstract

The article is devoted to the analysis of international legal acts regulating labor migration in the EU, as well as the problems of their international legal protection. It is proved that the migration policy of the EU is not only a consolidated mechanism that affects the migration processes in the conditions of integration, but also takes into account the different spectrum of interests and the sovereignty of powers of the member states, their territorial, economic and political features. In this regard, the importance of observing certain limits of legal regulation is emphasized. The main directives and other international legal acts in the field of labor migration at the EU level were analyzed. Attention is drawn to the fact that EU bodies and institutions have limited competence in the field of legal regulation of legal migration. Formation of migration policy and mechanisms of legal regulation of the specified area remains the prerogative of the member states. It is noted that since in most cases, the acts adopted at the supranational level are directives, this means that the implementation of the provisions of these acts, the methods of their interpretation and interpretation completely depend on the competent national authorities. It is also stated that the measures adopted by the European Union in the field of integration do not provide for the harmonization of national legal systems. Instead, the actions of the EU are aimed at the gradual convergence of the legal status of citizens of third countries who are legally in the territory of the EU, long-term residents, to the legal status of the countries of the European Union. It was concluded that in today's world, on the global labor market, the tendency to change the migration policy of states in the context of understanding the need for legal protection of migrant workers, the inadmissibility of excluding migrant workers from legal protection systems is increasingly noticeable. In this regard, a special role is assigned to the state migration policy, which must take into account all factors of external labor migration that affect the system of social and labor relations in the state.
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欧盟劳工迁移的法律规制
本文分析了欧盟规范劳务移民的国际法律法规及其国际法律保护问题。事实证明,欧盟的移民政策不仅是在一体化条件下影响移民进程的统一机制,而且考虑到成员国不同的利益范围和权力主权、领土、经济和政治特征。在这方面,强调了遵守法律规定的某些限度的重要性。分析了欧盟层面劳工迁移领域的主要指令和其他国际法律行为。提请注意的是,欧盟各机构和机构在对合法移民进行法律管制方面的能力有限。在特定地区形成移民政策和法律监管机制仍然是成员国的特权。应当指出,由于在大多数情况下,在超国家一级通过的行为是指令,这意味着这些行为的规定的执行及其解释和解释的方法完全取决于国家主管当局。还有人指出,欧洲联盟在一体化领域所采取的措施并没有规定协调各国的法律制度。相反,欧盟的行动旨在将合法在欧盟领土上的第三国公民,即长期居民的法律地位逐渐趋同于欧盟国家的法律地位。结论是,在当今世界,在全球劳动力市场上,各国在理解对农民工进行法律保护的必要性的背景下改变移民政策的趋势,将农民工排除在法律保护体系之外的不可接受性日益明显。在这方面,国家移民政策被赋予了特殊的作用,它必须考虑到影响国家社会和劳动关系体系的外部劳动力迁移的所有因素。
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