«A thesis submitted to the Department of Political Science and International Studies of the University of Birmingham for the degree of Doctor of ...»
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This harmonisation of rules and procedures in EU member states is also expressed in other Commission proposals. One example is the common conditions and common 34 European Commission, Proposal for a Council Directive Concerning the Status of Third-Country Nationals who are Long-Term Residents, COM (2001) 127 final, 13.03.2001, p. 7 35 Ibid., p. 29 and p. 34 36 http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=164059, accessed on 25.04.2009 37 For a good legal analysis of the provisions of this Commission proposal see Elspeth Guild, „EU Policy on Labour Migration – a first Look at the Commission‟s Blue Card Initiative‟, CEPS Policy Brief, num. 145, November 2007 38 http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=196320, accessed on 04.09.2009 39 European Commission, Proposal for a Council Directive on the Conditions of Entry and Residence of Third-Country Nationals for the Purposes of Highly Qualified Employment, COM (2007) 637 final, 23.10.2007, p. 7 137 procedural standards on the entry and residence of TCNs for the purposes of paid employment or self-employed economic activities. 40 This proposal, however, was officially withdrawn in 2006 because: “Whilst the other European Institutions gave positive opinions, discussion in the Council was limited to a first reading of the text …” 41 Other examples of efforts to achieve harmonisation of rules and procedures within the EU are the laying down of a uniform format for residence permits for TCNs 42 (adopted by the Council in April 2008)43 and the application procedure for a single work and residence permit for TCNs in the territory of a member state. It is important to note that the latter proposal, which is still under discussion in the decision-making system of the EU,44 allows the holders of the permit if they have valid travel documents to enter and move freely on the territory of Schengen-participating member states for up to three months. 45 This is in tune with other Commission documents that regulate the short-term movement of TCNs in the EU and again demonstrates the drive towards simplifying and guaranteeing easier movement inside the Union for TCNs. Thus, overall, a tendency towards decreasing the salience of internal borders in the area of free movement of TCNs can be traced in Commission discourse. This trend is even more pronounced in the articulations on free movement of EU citizens.
40 European Commission, Proposal for a Council Directive on the Conditions of Entry and Residence of Third Country Nationals for the Purpose of Paid Employment and Self-Employed Economic Activities, COM (2001) 386 final, 11.07.2001 41 European Commission, Proposal for a Council Directive on the Conditions of Entry and Residence of Third-Country Nationals for the Purposes of Highly Qualified Employment, COM (2007) 637 final, 23.10.2007, p. 3 42 European Commission, Proposal for a Council Regulation Amending Regulation (EC) 1030/2002 Laying Down a Uniform Format for Residence Permits for Third-Country Nationals, COM (2003) 558-2 final, 24.09.2003 43 http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=185533, accessed on 25.04.2009 44 http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=196321, accessed on 25.04.2009 45 European Commission, Proposal for a Council Directive on a Single Application Procedure for a Single Permit for Third-Country Nationals to Reside and Work in the Territory of a Member State and on a Common Set of Rights for Third Country Nationals Legally Residing in a Member State, COM (2007) 638 final, 23.10.2007 138 4.3.3. Free movement of EU citizens According to the Commission: “many practical, administrative and legal barriers still prevent citizens from exercising their freedom of movement.” 46 The Commission, however, is committed to make the area of free movement of people a reality. To that end it has promoted measures contributing to the diminished importance of internal borders on all of the major issues related to free movement of people listed above (social security or recognition of diplomas and professional qualifications) in its efforts to tackle the existing obstacles to free movement of people. As explained above, the right to free movement in the Union of EU citizens represents an expansion of the previously existing right to free movement of workers. As such, Commission discourse in the period after the adoption of the SEA builds upon the de-bordering measures adopted in the 1960s and 1970s.47 A number of Commission documents are concerned with issues such as pensions, healthcare rights, and social security contributions for EU nationals exercising their right to free movement.48 Also, some of the proposals are concerned with further limiting the possibility of member states to employ only its nationals for certain public sector positions 46 European Commission, Free Movement of Workers – Achieving the Full Benefits and Potential, COM (2002) 694 final, 11.12.2002, p. 3. Some of the persisting obstacles to free movement of people are examined and possible measures for their overcoming are suggested in a number of Commission documents. See for example, European Commission, An Action Plan for the Free Movement of Workers, COM (97) 586 final, 12.11.1997; European Commission, Follow- up to the Recommendations of the High Panel on the Free Movement of Persons, COM (1998) 403 final, 01.07.1998; European Commission, Education – Training – Research. The Obstacles to Transnational Mobility, COM (96) 462 final, 2.10.1996; European Commission, Supplementary Pensions in the Single Market – a Green Paper, COM (97) 283 final, 10.06.1997 47 Studies that provide detailed examination of earlier periods of integration in relation to free movement of people are Maurizio Ferrera, The Boundaries of Welfare – European Integration and the New Spatial Politics of Social Protection (Oxford: Oxford University Press, 2005); Stefano Bartolini, Restructuring Europe – Centre Formation, System Building and Political Structuring between the nation-state and the European Union (Oxford: Oxford University Press, 2005). For an overview of the labour migration law see Elspeth Guild, „Who is Entitled to Move and who is in Charge? Understanding the Legal Framework of European Labour Migration‟ in Didier Bigo, Elspeth Guild (eds), Controlling Frontiers: Free Movement into and within the Europe (Aldershot: Ashgate, 2005), pp. 100-139 48 See for example, European Commission, Proposal for a Directive of the European Parliament and of the Council on Improving the Portability of Supplementary Pension Rights, COM (2005) 507 final, 20.10.2005;
European Commission, The Community Provisions on Social Security – Your Rights when Moving within the European Union (Luxembourg: Office for Official Publications of the European Communities, 2005);
European Commission, The Elimination of Tax Obstacles to the Cross-border Provision of Occupational Pensions, COM (2001) 214 final, 19.04.2001; European Commission, Supplementary Pensions in the Single Market – a Green Paper, COM (97) 283 final, 10.06.1997; European Commission, Proposal for a Council Regulation on Coordination of Social Security Systems, COM (98) 779 final, 21.12.1998 139 such as the armed forces, the judiciary, the tax authorities and the diplomatic corps. 49 On this matter, the Commission: “has actively promoted increased access to the public sector, and continues to do so.”50 Its position has been that: “ not all posts in these fields imply the exercise of public authority and responsibility of the safeguarding the general interest.” 51 Thus, posts concerned with administrative tasks, technical consultation and maintenance cannot be restricted to nationals of the host member state.
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