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Regulating Migrant Integration in Europe: The Case of Skills de Dáire McCormack-George

Regulating Migrant Integration in Europe: The Case of Skills: Immigration and Asylum Law and Policy in Europe, cartea 54

Autor Dáire McCormack-George
en Limba Engleză Hardback – 24 apr 2025
Migrants coming to and moving within Europe typically experience inadequate recognition of their professional qualifications and wrongful discrimination. This book describes and critically assesses international, European and EU laws and policies governing migrant integration in Europe, with a particular focus on those concerning the recognition of migrants' skills. It argues that at least certain parts of EU law require clarification, restatement and even reform. The book formulates practical proposals to improve the governance of migrant integration in Europe, making it more coherent, effective and fair.
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Specificații

ISBN-13: 9789004719774
ISBN-10: 9004719776
Pagini: 257
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Immigration and Asylum Law and Policy in Europe

Notă biografică

Dr Dáire McCormack-George is a trainee lawyer in Ireland. Educated at Trinity College Dublin and the University of Oxford, his work has been published in Irish, European and international law journals and cited by textbooks, think tanks and state bodies.

Cuprins

Acknowledgements

Introduction
Introduction

1 Setting the Scene
1.1A Vision for Europe?
1.1.1 The Lisbon Strategy

1.1.2 Europe 2020

1.1.3 The European Pillar of Social Rights

1.1.4 The European Green Deal


1.2The EU in the Global Market

1.3The EU and Migration
1.3.1 The Global Approach to Migration and Mobility

1.3.2 A European Agenda on Migration

1.3.3 A New Pact on Migration and Asylum


1.4Securing Europe’s Future: Skills

1.5The Experience of Migrants to Date

1.6Synthesis and Summary

1.7Limitations and Criticisms


2 Central Research Questions
2.1Questions and Sub-questions

2.2Contribution to Scholarship and Originality


3 Sources
3.1Sources of Law

3.2Sources of Normativity


4 The Theme of Governance

5 Structure of the Book

Conclusion


Part 1
The Legal Foundations of Migrant Integration
1The Right to Work
Introduction

1 The Right to Work in International and European Law
1.1International Law
1.1.1 International Human Rights Law

1.1.2 International Labour Law

1.1.3 International Economic Law


1.2European Law
1.2.1 The European Convention on Human Rights

1.2.2 The European Social Charter and Revised European Social Charter


2 The Right to Work in EU Law
2.1Origins

2.2Genesis

2.3The Charter of Fundamental Rights of the European Union

2.4Beneficiaries
2.4.1 Citizens

2.4.2 Non-citizens


2.5Scope

2.6Restrictions and Limitations


Conclusion


2The Right to Equal Treatment and Non-discrimination
Introduction

1 Discrimination, Migration and Nationality
1.1Overview

1.2Discrimination, Skills and Migration
1.2.1 Discrimination, Freedom and Domination

1.2.2 Discrimination, Skills and Migration


1.3Discrimination, Migration and Nationality


2 The Right to Equal Treatment and Non-discrimination in International and European Law
2.1International Law
2.1.1 International Human Rights Law

2.1.2 International Labour Law

2.1.3 International Economic Law


2.2European Law
2.2.1 European Convention on Human Rights

2.2.2 Revised European Social Charter


3 The Right to Equal Treatment and Non-discrimination in EU Law


3.1.1 Article 18 tfeu

3.1.2 Article 21 cfreu

3.1.3 The Argument for Expanding the Scope of Application of the Right to Equal Treatment and Non-discrimination

3.1.4 Some Objections

4 Converging Conceptions of Equal Treatment and Non-discrimination in EU Law
4.1Competing Conceptions of Equal Treatment and Non-discrimination
4.1.1 Overview

4.1.2 Political Reasons

4.1.3 Conceptual Reasons

4.1.4 Sociological Reasons


4.2A Partial Unitary Conception of Equality and Non-discrimination?
4.2.1 The Goal

4.2.2 Hopeful Beginnings …

4.2.3 … or Hope in Vain?


Conclusion

Part 2
The Case of Skills
3External Migration
Introduction

1 International and European Law
1.1International Law
1.1.1 International Human Rights Law

1.1.2 International Labour Law

1.1.3 International Economic Law


1.2European Law
1.2.1 The Convention on the Recognition of Qualifications Concerning Higher Education in the European Region 1997

1.2.2 Recommendation on the Recognition of Refugees’ Qualifications


2 EU Migration and Asylum Law
2.1Overview

2.2Categories of Migrant
2.2.1 Regular Migrants

2.2.2 Forced Migrants

2.2.3 Irregular Migrants


2.3Analysis
2.3.1 General Observations

2.3.2 Regular Migrants

2.3.3 Forced Migrants

2.3.4 Irregular Migrants


3 EU External Relations Law
3.1Overview

3.2Partnership, Association and Trade Agreements
3.2.1 Overview

3.2.2 (Almost) Full Mutual Recognition: eea States and Switzerland

3.2.3 ceta and Mutual Recognition Agreements

3.2.4 ‘ceta-minus’ Arrangements

3.2.5 The EU-UK Trade and Cooperation Agreement

3.2.6 Equal Treatment and National Treatment

3.2.7 Education and Training


Conclusion


4Internal Migration
Introduction

1 The Principle of Mutual Recognition
1.1Origins

1.2The Principle


2 The Recognition Directive
2.1Operation of the Recognition Directive
2.1.1 Does the National of a Member State Concerned Have a Professional Qualification?

2.1.2 Has that National Moved from One Member State to Another for the Purpose of Pursuing Their Profession?

2.1.3 Is that Profession a Regulated Profession in the Host Member State?


2.2Mutual Recognition in the Recognition Directive
2.2.1 The Methods of Recognition

2.2.2 The Effects of Mutual Recognition

2.2.3 Restrictions on Mutual Recognition


2.3Beneficiaries of the Recognition Directive
2.3.1 The Law

2.3.2 Analysis


Conclusion


5Soft Law and Policy
Introduction

1 EU Migration and Asylum Policy
1.1Overview

1.2Integration Policies and Initiatives
1.2.1 Background

1.2.2 The European Migration Forum

1.2.3 Action Plan on the Integration of Third-Country Nationals

1.2.4 Action Plan on Integration and Inclusion 2021–2027


1.3Recent Developments and Proposals for Reform
1.3.1 Recommendation on the Recognition of Qualifications for People Fleeing Russia’s Invasion of Ukraine

1.3.2 Recommendation on the Recognition of Professional Qualifications of Third-Country Nationals

1.3.3 Proposal for a Regulation Establishing an EU Talent Pool


1.4Funds Supporting Integration
1.4.1 European Social Fund and European Social Fund Plus

1.4.2 Asylum, Migration and Integration Fund


2 EU External Relations Policy
2.1Overview

2.2Mobility Partnerships

2.3European Neighbourhood Policy and Enlargement
2.3.1 European Neighbourhood Policy

2.3.2 Enlargement Policy


2.4International Cooperation and Policy Dialogue

2.5International Cooperation and Development


3 EU Education and Training Policy

Conclusion


Conclusion
Introduction

1 The Argument of This Book

2 Judging EU Law and Policy

3 The Recognition of Professional Qualifications

4 The Theme of Governance

5 Practical Proposals for Reform

6 Explanatory Gaps

Conclusion


Bibliography

Index