This thesis explores the first phase of the revision of the European Union (EU) Blue Card Directive from June 2016 to June 2017. Out of the four EU labour migration Directives, the Blue Card aims to attract highly-skilled third country nationals to the EU and grants those admitted a favourable set of rights. In the revision, the European Parliament is for the first time fully involved as co-legislator for the Blue Card Directive. Existing research indicates that the European Parliament seeks to strengthen labour migrants’ rights. In this context, this thesis asks the question to what extent the revision process offers the opportunity to strengthen Blue Card holders’ rights. At the same time, strengthened rights for Blue Card holders inevitably result in an increase in the diverging treatment of labour migrants in the EU. In light of this ambivalence, this thesis aims to not only analyse opportunities for strengthened rights for Blue Card holders, but also to what extend the revision of the Blue Card Directive offers the opportunity to establish a higher standard of rights for labour migrants in the EU. This analysis shall complement academic literature that questions the practice of granting labour migrants in the EU different rights, but lacks of research on the manner in which the more preferential treatment of highly-skilled labour migrants is justified by actors in the European Commission and Parliament.
This thesis uses a methodological triangulation approach of qualitative policy document and interview analyses. It finds that the Commission’s proposal and the Parliament’s involved Committees propose to strengthen Blue Card holders in several regards. At the same time, findings indicate that the perception about labour migrants’ economic contribution, their perceived scarcity and their intended duration of stay determine the rights granted. The results suggest that a revised Blue Card might serve as a reference for all labour migration Directives and future initiatives regarding equal treatment and safeguards to protect permit holders from the loss of status. In terms of rights to family reunification, access to long-term residence and intra-EU mobility, the thesis’ findings raise doubts whether strengthened rights can benefit labour migrants that are not categorised as highly-skilled or do not belong to a comparable category.
Table of Contents
1. Introduction
2. Current state of research and introduction to research questions
3. The development of the EU’s sectoral labour migration framework, the Blue Card Directive and its current revision
3.1 The development of the EU’s sectoral labour migration framework
3.2 The negotiations on and implementation of the Blue Card Directive
3.3 The current revision
4. Theoretical Considerations
4.1 The concept of migration management
4.2 Utilitarian approach to migration management and the fragmentation of rights within the EU’s sectoral labour migration framework
4.3 The concept of core rights and trade-offs between rights and scope
4.4 The role of the European Parliament in asylum and labour migration policy-making
5. Method
5.1 Choice of actors and purpose of interviews
5.2 Interview technique, data and analysis
6. Analysis Results
6.1 Analysis of the Commission proposal
6.2 Interview analysis results
6.3 Analysis of amendments tabled by Shadow Rapporteurs and the EMPL Rapporteur
6.4 Analysis of the final LIBE report
7. Discussion
8. Outlook
9. Literature
Research Objectives and Key Themes
This master thesis investigates the initial revision phase of the EU Blue Card Directive (2016-2017), aiming to determine to what extent this process provides an opportunity to enhance the rights of labour migrants. It specifically analyzes whether strengthening these rights can foster a higher standard for labour migration policies in the European Union, while critically addressing the inherent tensions between sectoral policy-making, utilitarian migration management, and equal treatment principles.
- The role of the European Parliament as an empowered co-legislator in labour migration policy.
- The critique of the EU's utilitarian approach to managing highly-skilled migration.
- The potential for the Blue Card Directive to serve as a benchmark for future labour migration instruments.
- The impact of institutional and political factors on the negotiation of migrants' rights.
Excerpt from the Book
4.1 The concept of migration management
The concept of migration management was first elaborated by the International Organisation for Migration (IOM) in context of the United Nations Commission on Global Governance in 1993. Based on the objective to regulate international migration with the help of an international institutional framework, the initial concept aims to cover all forms of human mobility, including refugees, to “(…) turn migration into a more orderly, predictable and manageable process” (Geiger/Pecoud 2010: 2). Geiger and Pecoud find that the concept reflects the assumption of states and other transnational actors to be able to organise human mobility to achieve specific objectives and minimise the risks of uncontrolled migration flows (ibid. 3). According to Betts, the aim to organise and control migration stems from the fact that “(…) states and non-state actors are increasingly concerned to find ways to manage migration in ways that enable them to maximize the benefits and minimize the costs of mobility.” (Betts 2012: 1). In this context, the main political concern rests on migrants’ demographic characteristics and assumptions about their “legitimacy, vulnerability and desirability” (Bhabha 2007: 16) deduced from these characteristics. Based on these assumptions, migrants are classified into different categories and assigned different statuses that regulate their “exit, transit, entry and stay” (ibid.). Friðriksdóttir concludes that the concept has been used by various actors who assigned it with different meaning according to political objectives motivating its use (Friðriksdóttir 2016: 13). She suggests that the EU was first to implement migration management as a means to achieve strategic objectives and by using classification of migrants based on their demographics as an attempt to control migration (ibid.).
Summary of Chapters
1. Introduction: Presents the research scope and the objective of analyzing the Blue Card Directive revision regarding migrant rights and institutional dynamics.
2. Current state of research and introduction to research questions: Reviews existing academic literature on EU labour migration and identifies gaps regarding the role of the European Parliament.
3. The development of the EU’s sectoral labour migration framework, the Blue Card Directive and its current revision: Outlines the historical context of EU migration policy and the specific rationale behind the Blue Card reform proposal.
4. Theoretical Considerations: Discusses migration management, utilitarianism, and the trade-off between policy scope and migrant rights.
5. Method: Describes the methodological triangulation approach, combining document analysis with expert interviews of policymakers.
6. Analysis Results: Details the findings from the Commission proposal, interview data, MEP amendments, and the final LIBE report.
7. Discussion: Evaluates the findings against the research questions, focusing on the Parliament’s influence and the utilitarian nature of the Directive.
8. Outlook: Summarizes the study's conclusions and suggests future research directions regarding member state implementation.
9. Literature: Lists the academic, institutional, and legal sources utilized in the study.
Keywords
Blue Card Directive, European Parliament, Labour Migration, Migration Management, Highly-Skilled Migrants, EU Policy, Migrants' Rights, Equal Treatment, Utilitarianism, Policy Analysis, Sectoral Labour Migration Framework, European Commission, Legislative Revision, Intra-EU Mobility, Family Reunification
Frequently Asked Questions
What is the core focus of this master thesis?
The thesis examines the revision of the EU Blue Card Directive from 2016 to 2017, specifically looking at how the European Parliament's new role as co-legislator impacts the rights of highly-skilled labour migrants.
What are the primary thematic areas explored?
Key themes include the EU's utilitarian approach to migration, the fragmentation of migrant rights, the institutional role of the European Parliament, and the political trade-offs between migration policy scope and migrant protections.
What is the main research question of this work?
The primary research goal is to determine to what extent the revision of the Blue Card Directive offers an opportunity to strengthen rights for Blue Card holders and establish a higher standard for all labour migrants in the EU.
Which scientific methods were applied in the study?
The author uses a methodological triangulation approach, which includes a qualitative analysis of official EU policy documents and semi-structured expert interviews with representatives from the European Commission and the European Parliament.
What does the main body of the work cover?
The main body covers the historical development of EU labour migration, theoretical frameworks like migration management, a detailed analysis of the Commission's proposal, an analysis of interview results, and a review of the amendments proposed by MEPs.
Which keywords characterize this research?
Key terms include the Blue Card Directive, European Parliament, labour migration, migration management, migrant rights, utilitarianism, and EU policy-making.
How does the author view the European Parliament's role in this revision?
The author identifies the European Parliament as a proactive advocate for migrant rights, noting that its new co-decision authority allows it to "set the bar higher" compared to the more restrictive Council.
What does the study conclude about the "trade-off" between rights and scope?
The analysis suggests that policymakers perceive a clear trade-off: expanding the scope of the Directive to include lower-skilled workers while maintaining strong rights is seen as politically unfeasible, as member states prioritize incentives for those deemed highly-skilled and scarce.
- Citation du texte
- MA European Studies Axel Ruppert (Auteur), 2017, The revision of the EU Blue Card Directive. An opportunity to establish a higher standard of rights for labour migrants in the European Union?, Munich, GRIN Verlag, https://www.grin.com/document/414283
