| Author (Corporate) | European Commission |
|---|---|
| Series Title | COM |
| Series Details | (2013) 151 final (25.3.13) |
| Publication Date | 25/03/2013 |
| Content Type | Policy-making |
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Article 79 of the Treaty on the Functioning of the European Union (TFEU) entrusts the Union with the task of developing a common immigration policy aimed at ensuring efficient management of migration flows and fair treatment of third-country nationals residing legally in the Member States. The present proposal responds to this mandate and aims to contribute to the implementation of the Europe 2020 Strategy. The implementation reports of Directives 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research and Directive 2004/114 of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service have shown a number of weaknesses of these instruments. These shortcomings concern key issues such as admission procedures including visas, rights (including mobility aspects) and procedural safeguards. The current rules are insufficiently clear or binding, not always fully coherent with existing EU funding programmes, and sometimes fail to address the practical difficulties that applicants face. When combined, these problems put into question whether third-country nationals consistently receive fair treatment under the existing instruments. Directive 2004/114/EC on students lays down mandatory rules for the admission of third-country national students, with an option for Member States to apply the Directive for school pupils, volunteers and unremunerated trainees. Directive 2005/71/EC on researchers provides for a fast track procedure for the admission of third-country researchers who have completed a hosting agreement with a research organisation approved by the Member State. The need to improve the current rules is reinforced by the fact that circumstances and policy context are very different today than when the Directives were adopted. In the context of the Europe 2020 Strategy and the need to ensure smart, sustainable and inclusive growth, human capital represents one of Europe's key assets. Immigration from outside the EU is one source of highly skilled people, and third-country national students and researchers in particular are groups which are increasingly sought after. Fostering people-to-people contacts and mobility are also important elements of the EU’s external policy, notably vis-à-vis the countries of the European Neighbourhood Policy or the EU’s strategic partners. The present proposal aims at improving the provisions of third-country national researchers, students, school pupils, unremunerated trainees and volunteers, and applying common provisions to two new groups of third-country nationals: remunerated trainees and au-pairs. The proposal takes the form of a Directive amending and recasting Directives 2004/114/EC and 2005/71/EC. Its overall objective is to support social, cultural and economic relationships between the EU and third countries, foster the transfer of skills and know-how and promote competitiveness while, at the same time, provide for safeguards ensuring fair treatment of these groups of third-country nationals. |
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| Source Link | http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2013:151:FIN |
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| Subject Categories | Justice and Home Affairs |
| Countries / Regions | Europe |
