1. Future challenges and strategies for
the Schengen area
Dr Eduardo Rojo Torrecilla, Professor of
Labour Law and Social Security Law, Universitat
Autònoma de Barcelona.
http://www.eduardorojotorrecilla.es/
1 7th European Jurists' Forum.

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3. Abstract
 Important economic and social crisis in the European Union.
Increasing unemployment. It affects immigrants.
 Difficulties in integration policies and social work. Proposed
restriction of rights in some states.
 Objectives: To maintain full and effective implementation of
social rights, ensuring the free movement of persons and
workers.
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4.  It is necessary to advance the construction of the European legal
framework of immigration, with the approval of the proposed
Directives and full implementation of those Directives already
approved.
 The legal framework has to take into account Article 1 of the
Universal Declaration of Human Rights: All human beings are
born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a
spirit of brotherhood.
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5.  Reality of immigration. Important changes in recent years:
lower presence of inflows, increased legal consolidation of the
immigrant population (due to the fact that these migrants are
authorized to have long-term residence in some EU countries).
 Discussion on how to articulate proper immigration policy:
great importance in Spain, Europe and internationally. It is
very difficult to believe that immigration will be drastically
reduced or even disappear even if numerous restrictive and
control measures are established.
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6.  Immigration needs to be addressed without the belief that it is
temporary. The reality is that immigration is moving towards
permanency, both for the immigrant and the family who will join
later once they have a right to it.
 The link between immigration and labor market remains one of
the most significant features of EU immigration policy.
 This policy has to raise medium-term objectives and not be
guided solely by the situation in the short term (because in this
case probably the policy would be too restrictive in terms of
admission of third-country nationals).
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7.  Labour migration and its impact internationally. Importance to
the economic future of Europe. EU workforce in progressive
aging process.
 Comissioner Lázló Andor “The issue of economic migration
needs to be adequately integrated in these policies and
investments since migrants represent an important share of the
EU workforce”. http://bit.ly/15qu8ck
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8. Labour migration. ILO, October 2012.
http://bit.ly/YyLb4y
 “Migration is one of the most complex policy areas for
governments and employers’ and workers’ organizations,
especially in times of economic downturn. The governance of
labour migration is about balancing a host of different issues
and interests.
 The rise in irregular migration, which is estimated to range
between 10 and 15 per cent of total international migration,
has been another issue that has dominated the international
migration policy debate in the past two decades”.
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9.  Is migration a problem?
 Standard Eurobarometer 78 Autumn 2012
 Public opinion in the European Union
 http://bit.ly/VzA6S8
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11.  Only in one country, United Kingdom, immigration appears
among the top three problems, the third (24%), behind
unemployment (40%) and the economic situation (30%).
 When respondents were asked what their main concern
was, immigration fell to 12th place (2%)
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12. EU Employment and Social Situation. Special
Supplement on Demographic Trends (March 2013)
http://bit.ly/177j4yO
 Net migration as the main driver of population growth in the EU-27
 In 2011, natural increase (the positive difference between live
births and deaths) contributed 31% (0.4 million) to population
growth in the EU-27.
 Some 69% of the growth therefore came from net migration plus
statistical adjustment, which continued to be the main
determinant of population growth, accounting for 0.9 million in
2011.
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15.  Foreign population at 20.7 million and foreign-born
population at 33.0 million in EU-27
 The EU-27 foreign population (people residing in an EU-27
Member State with citizenship of a non EU-27 Member State) on
1 January 2012 was 20.7 million, representing 4.1% of the EU-27
population.
 In addition, there were 13.6 million people living in an EU-27
Member State with citizenship of another EU-27 Member State on
1 January 2012.
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17.  In absolute terms, the largest numbers of foreigners living in
the EU on 1 January 2012 were found in Germany (7.4
million), Spain (5.5 million), Italy (4.8 million), the United
Kingdom (4.8 million) and France (3.8 million).
 Non-nationals in these five Member States collectively
represented 77.1% of the total number of non-nationals living
in the EU-27, while the same five Member States had a 62.9%
share of the EU’s population.
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18.  It is important to know, by its indirect impact on immigration,
that the average age of the European population was 41.5 years
(from 35 years in Ireland to 45 in Germany). From 0-14 years
represents 15.6% of the population, between 15 and 64
("working population") 66.6%, and 65 and above 17.8%.
 In 2012, the average age of foreigners living in the EU was 34.7
years.
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19. European Commission. Communication “The Global
Approach to Migration and Mobility” 18.11.2011.
http://bit.ly/snhjf8
 “The Global Approach (GA) must become more strategic and
more efficient, with stronger links and alignment between
relevant EU policy areas and between the external and internal
dimensions of those policies.
 The GA should be even more linked and integrated with the EU’s
external policies. The GA is to be defined in the widest
possible context as the overarching framework of EU
external migration policy, complementary to other,
broader, objectives that are served by EU foreign policy and
development cooperation.
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20.  Migration and mobility in the context of the Europe 2020 Strategy
aim to contribute to the vitality and competitiveness of the EU.
Securing an adaptable workforce with the necessary skills which
can cope successfully with the evolving demographic and economic
changes is a strategic priority for Europe.
 There is also an urgent need to improve the effectiveness of policies
aiming at integration of migrants into the labour market.
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21.  The GAMM should be based on four equally important pillars:
1. organising and facilitating legal migration and mobility;
2. preventing and reducing irregular migration and trafficking in
human beings;
3. promoting international protection and enhancing the external
dimension of asylum policy;
4. maximising the development impact of migration and
mobility”.
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22. Irish, Lithuanian and Greek Presidencies. 18 month
programme of the Council (1 January 2013 - 30 June 2014).
http://bit.ly/10mcG7X
 Legal Migration and Integration of third country nationals
 “The development of a common immigration policy capable of
contributing to the EU's Growth Agenda will remain a key priority. The
focus will be on the completion of the legislative work on the
implementation of the Policy Plan on Legal Migration, including on the
proposals on intra-corporate transferees and on seasonal workers as well
as the proposal to amend Directives relating to the admission of students
and researchers.
 Effective integration policies remain a key objective, and in this context
the implementation of the European Agenda for the Integration of third
country nationals will be further pursued.
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23. Illegal immigration
 The fight against illegal immigration through the promotion of
practical cooperation remains a key priority. The updating of the
EU Action on Migratory Pressures - A Strategic Response will
provide a particular focus for this work.
 The development of a comprehensive network of readmission
agreements with relevant third countries will remain a key
priority, as well as maintaining the pace of negotiations under way
and identifying additional third countries with which agreements
should be negotiated.
 The three Presidencies will also continue to promote practical
cooperation in the area of return, including in the area of
voluntary return”.
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24.  Other measures recently adopted in the field of immigration
 Council Decision No 252/2013/EU of 11 March 2013 establishing a
Multiannual Framework for 2013-2017 for the European Union Agency
for Fundamental Rights. http://bit.ly/15quLTh
 Article 2.Thematic areas:
(g) discrimination based on sex, race, colour, ethnic or social origin,
genetic features, language, religion or belief, political or any other
opinion, membership of a national minority, property, birth, disability,
age or sexual orientation;
(h) immigration and integration of migrants, visa and border control and
asylum;
(i) racism, xenophobia and related intolerance.
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25. Decision Nº 258/2013/EU and Decision Nº 259/2013 of 13
March 2013. http://bit.ly/164mXEp
 The EU contribution may be increased by 20 percentage points in
a Member State provided that it meets one of the following
conditions at the time of submission of its draft annual program in
accordance with Article 19(3) of this Decision or of its draft
revised annual program in accordance with Article 23 of
Commission Decision 2008/457/EC…
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26.  European Parliament Resolution of 14 March 2013 on the
integration of migrants, its effects on the labour market and the
external dimension of social security coordination.
http://bit.ly/ZBkYT0
 “Takes the view that Member States' integration policies and
measures must be better differentiated and tailored and of higher
quality, and, most importantly, that they must distinguish
between the needs of, for example, the well qualified and the
poorly qualified, EU citizens and third-country nationals,
migrants with and without offers of employment and with and
without existing language skills or family ties in the host country,
thus meeting the needs of all migrants;
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27.  Emphasises the importance of needs-orientated, qualified
migration accompanied by integration measures, and calls on the
Commission and the Member States, together with their regions
and municipalities, to introduce a joint system of coordination at
European level to identify labour-force needs and direct labour
migration more effectively.
 Calls on the Member States, bearing in mind the Community
preference clause and both in spite of and because of the
constant shortage of skilled workers, to promote mobility within
the EU and thus facilitate recruitment conditions, recruitment
itself, and the integration of EU citizens from other Member
States
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28.  Notes that labour market-oriented immigration can have
positive effects on the social security systems of the host
Member State, guaranteeing a well-qualified workforce and
enhancing competitive advantage, thanks to cultural diversity
(knowledge of languages, experience abroad, mobility, etc)”.
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29. ENAR. Hidden talents, wasted talents ? The real cost of
neglecting the positive contribution of migrants and
ethnic minorities. 9 April 2013. http://bit.ly/17oU9ba
 “Economic contributions:
1. Migrants contribute to European society and economy.
2. Their contributions to the social, cultural and political
aspects have an economic value .
3. Migrants constitute almost 10% of the EU population and
are an integral part of the social fabric of the EU.
4. Migrants are employers who provide jobs to millions of
native Europeans, both directly and indirectly.
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30. 5. Migrants contribute significantly, directly and indirectly, to
GDP and trade of European countries.
6. Migrants allow Europeans to consume goods and services at
much lower prices, whether this be in the area of catering,
child and domestic care, tailoring, cleaning, gardening,
waste removal or construction, or just in helping
Europeans to foster their energies and attention in other
high added value sectors.
7. Migrants contribute enormously to their countries of origin
by sending home remittances.
8. Migrants provide Europe with a direct link to global
networks and markets.
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31.  Restrictive policies on immigration, education and employment
have a direct economic and social cost to the individual, the
community, and the broader society.
 They are harming considerably prospects of quick recovery
from the current economic crisis. This needs to be
acknowledged and tackled, so that migrants can participate fully
in society”.
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32. To conclude:
 Three major challenges in 2013 to Spain by the Real
Instituto Elcano http://bit.ly/11pbH0T
1. Managing the new emigration;
2. The integration of second generation of
immigrants;
3. The control of irregular immigration flows that,
despite the crisis, continue to come from Africa.
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33. Thank you very much for your attention and patience.
 Eduardo Rojo Torrecilla
 eduardo.rojo@uab.cat
 http://www.eduardorojotorrecilla.es/
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