Why come here if I can go there? Assessing the ‘Attractiveness’ of the EU’s Blue Card Directive for ‘Highly Qualified’ Immigrants. Paper on Liberty and Security in Europe No. 60, 14 October 2013

This paper analyses the attractiveness of the EU’s Blue Card Directive – the flagship of the EU’s labour immigration policy – for so-called ‘highly qualified’ immigrant workers from outside the EU. For this purpose, the paper deconstructs the understanding of ‘attractiveness’ in the Blue Card Directive as shaped by the various EU decision-making actors during the legislative process. It is argued that the Blue Card Directive sets forth minimum standards providing for a common floor – not a common ceiling: the Directive did not, as originally envisaged by the European Commission, create one European highly skilled admission scheme. This raises questions regarding its concrete use. A critical focus is placed on the personal scope of the Blue Card Directive and the level of rights offered, and a first comparative perspective on the implementation of the Directive in five member states is provided.

The Second Phase of the Common European Asylum System: A Step Forward in the Protection of Asylum Seekers? IES WORKING PAPER 7/2013

The aim of this paper is to analyse what is the impact of the second phase of the creation of the Common European Asylum System (CEAS) in the protection of rights of Asylum Seekers in the European Union. The establishment of a CEAS has been always a part of the development of the Area of Freedom, Security and Justice. Its implementation was planned in two phases: the first one, focused on the harmonisation of internal legislation on minimum common standards; the second, based on the result of an evaluation of the effectiveness of the agreed legal instruments, should improve the effectiveness of the protection granted. The five instruments adopted between 2002 and 2005, three Directives, on Qualification, Reception Conditions and Asylum Procedures, and two Regulations, the so-called “Dublin System”, were subjected to an extensive evaluation and modification, which led to the end of the recasting in 2013. The paper discusses briefly the international obligations concerning the rights of asylum seekers and continues with the presentation of the legal basis of the CEAS and its development, together with the role of the Charter of Fundamental Rights of the European Union in asylum matters. The research will then focus on the development in the protection of asylum seekers after the recasting of the legislative instruments mentioned above. The paper will note that the European standards result now improved, especially concerning the treatment of vulnerable people, the quality of the application procedure, the effectiveness of the appeal, the treatment of gender issues in decision concerning procedures and reception. However, it will be also highlighted that Member States maintained a wide margin of appreciation in many fields, which can lead to the compression of important guarantees. This margin concerns, for example, the access to free legal assistance, the definition of the material support to be granted to each applicant for international protection, the access to labour market, the application of the presumptions of the “safety” of a third country. The paper will therefore stress that the long negotiations that characterised the second phase of the CEAS undoubtedly led to some progress in the protection of Asylum Seekers in the EU. However, some provisions are still in open contrast with the international obligations concerning rights of asylum seekers, while others require to the Member State consider carefully its obligation in the choice of internal policies concerning asylum matters.

Trends and gaps in the academic literature on EU labour migration policies. CEPS Paper in Liberty and Security No. 50/December 2012

This paper provides an overview of the ‘state of the art’ in the academic literature on EU labour migration policies. It forms part of the research agenda of Work Package 18 of the NEUJOBS project, which aims at reviewing legislation and practices regarding the labour market inclusion and protection of rights of different categories of foreign workers in European labour markets. Accordingly, particular attention is paid to the works of scholars who evaluate the status of rights of third-country national workers in relation to labour market access, employment security, social integration, etc., in European legislation on labour immigration. More specifically, the review has selected those scholarly works that focus specifically on analysing the manner in which policy-makers have addressed the granting of rights to non-EU migrant workers, and the manner in which policy agendas – through the relevant political and institutional dynamics – have found their translation in the legislation adopted. This paper consists of two core parts. In the first section, it reviews the works of scholars who have touched on these research questions with respect to the internal dimensions of EU labour migration policies. The second section does the same for the external dimensions of these policies. Both sections start off by analysing the main trends in the literature that reviews these questions for the internal and external dimensions of European migration policies as a whole, and then move on to how these ‘trends’ can (or cannot) be found translated in scholarly writings on labour migration policies more specifically. In the final section, the paper concludes by summarising the main trends and gaps in the literature reviewed, and indicates avenues for further research.

Legitimising EU Policymaking: What Role for National Parliaments? EPC Discussion Paper, 28 January 2014

The ‘euro crisis’ has sparked a renewed interest in how national parliaments can help to improve the democratic nature of European decision making. According to various treaties, assemblies in the Member States are now guaranteed a full spectrum of rights including access to information, participation and the ability to object to EU legislation. The authors of this Discussion Paper argue that there is still room to refine and promote a more responsible use of existing instruments. Moreover, the possibility of adding new mechanisms to the available toolkit is part of the discussion on the topic but the authors warn that any proposals must be carefully considered on a case-by-case basis, especially in the context of the European economic governance reform process. Ultimately, according to the authors, the most straightforward and effective way for national parliaments to strengthen their direct involvement in EU policy formulation is to focus on building capacity to perform their two key domestic responsibilities: to hold their own governments to account, also on EU affairs, and to maintain the link with voters, including by communicating and debating ‘Europe’ at ‘home’.

Citizenship in post-awakening Tunisia: power shifts and conflicting perceptions

With the passing of its new Constitution, Tunisia is rightly celebrated as the Arab state that has advanced the most in strengthening democratic rights provisions. The Constitution formally enshrines the progress Tunisia has made especially on women’s rights; the rights of expression and assembly; freedom of the press; the rights of political parties; and the formal recognition of social and economic rights. However, the Constitution does not definitively resolve tensions between individual and religious rights. In order to maintain consensus between the differing opinions in Tunisia, the document remains ambivalent on the state’s precise role in protecting the ‘sacred’. Tunisia has made much progress, but the Constitution is likely to perpetuate rather than close debates over different concepts of rights.

Identity Construction in Europe: A Discursive Approach. IES WORKING PAPER 2/2010

Proposing a discursive approach to studying identity, this paper presents Positioning Theory as a theoretical framework for conceptualizing the construction of identity in discourse. The Positioning Diamond is employed to analyse the discourse surrounding the Danish Euro referendum. The analysis reveals how identities are constructed in discourse that promotes a ‘yes’ or ‘no’ vote in the referendum, highlighting the generally implicit allocation of rights and duties to actors within a specific narrative context. The penultimate section discusses appropriate criteria for evaluating discursive accounts, distinguishing between cases in which truth, normative and ethical criteria are applicable. Finally, the paper concludes with a discussion of policy considerations and recommendations.