Understanding EU Directives on Immigration and Employment
EU Directives on Immigration and Employment
IV. Directive “Return” This directive establishes common rules and procedures to be applied in Member States for the return of third-country nationals in an irregular situation, in accordance with fundamental rights as general principles of Community law and international law, including obligations for refugee protection and human rights.
Definition of irregular situation: The presence in the territory of a Member State of a national of a third country that does not meet or no longer meets the conditions of entry laid down in Article 5 of the Schengen Borders Code or other conditions of entry, stay, or residence in that Member State.
In implementing this Directive, Member States shall take due account of:
- the interests of the child
- family life
- the health status of the third-country national concerned
- respect for the principle of non-refoulement
Detention Conditions
Unless other less coercive measures can be effectively applied, Member States may detain third-country nationals subject to return procedures only to prepare the return or carry out the removal process, especially when:
- there is a risk of flight, or
- a national of a third country in question prevents or hampers the preparation of the return or expulsion process.
Any detention must be as short as possible and only maintained while removal arrangements are in progress and executed with due diligence.
The detention shall be ordered by administrative or judicial authorities.
Internment will be maintained while the conditions set out in paragraph 1 exist and is necessary to ensure that the expulsion is carried to fruition. Each Member State shall set a limited period of detention, which may not exceed six months.
The States may extend the period prescribed in paragraph 5 for a limited period not exceeding twelve months in accordance with national legislation in cases where, despite having deployed all reasonable efforts, it can be assumed that the removal operation will continue because:
- lack of cooperation of the third-country national concerned, or
- delays in obtaining third countries’ documentation.
As a general rule, placement will take place in specialized detention centers. Where a Member State cannot provide accommodation in a specialized detention facility and has to resort to a prison facility, third-country nationals under detention shall be separated from ordinary prisoners.
Employment of Highly Skilled Migrants
V. Employment of highly skilled migrants: Promotion of the admission and mobility of third-country nationals for stays longer than 3 months, for purposes of highly qualified employment, “so that the Community becomes a more attractive destination for these workers from around the world and contribute to competitiveness and economic growth.” Regulation of a procedure for the admission to the worker and his family, and recognition of the same economic and social rights as nationals of the host country in a number of areas. The new blue card allows the holder to enter, stay, exit, and re-enter the territory of the Member State which issues it.
The rule sets a threshold minimum wage, community outreach, to determine what work can be understood by highly qualified, in order to harmonize the minimum standards for conditions of entry into the Community and without prejudice to allow States to set higher wage thresholds. This minimum or threshold wage for incorporation in the work contract or binding job offer employment (1 year minimum), “shall not be less than the relevant salary threshold defined and published for the purpose by the Member States, which shall be at least 1.5 times the average gross annual salary in the Member State concerned.”