Vonzó-e a Kék kártya a magasan képzett harmadik országbeli munkavállaló számára?
This paper analyses the attractiveness of the Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. The objective of the so-called Blue Card directive was to overcome ’different entry and resid...
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| Dokumentumtípus: | Könyv része |
| Megjelent: |
2015
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| Sorozat: | Szegedi Jogász Doktorandusz Konferenciák
5 Alapelvek és alapjogok 5 |
| Kulcsszavak: | Munkavállalás - külföldiek - Európai Unió, Családjog, Családegyesítés, Munkajog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/74915 |
| Tartalmi kivonat: | This paper analyses the attractiveness of the Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. The objective of the so-called Blue Card directive was to overcome ’different entry and residence conditions for these workers, each national system being closed and in competition with the others’ assuming the Blue Card Directive would create a common level playing field by introducing one European highly skilled admission scheme which would ensure that highly qualified third country national workers are admitted under common rules; enjoy the same level of rights throughout the EU; will have the possibility of moving from one member state to another so as to adapt and respond promptly to fluctuating demands for highly qualified migrant labour; and are fully integrated into the EU. The EU Blue Card Directive sets forth special, privileged rules in relation to labour market access, equality of treatment with member states’ nationals, family reunification as well as more favourable rights concerning long-term resident status. This paper seeks to assess and deconstruct the understanding of attractiveness of the EU Blue Card Directive since the Council has reduced the standards in the Commission proposal, watered down it by permitting national derogations and even improved them on a few points. The question of who is considered to be ‘highly qualified’ by the Blue Card Directive is central. The Directive does not give a conclusive answer as to who those ‘highly qualified’ immigrants are; it may differ from member state to member state while not only higher education qualifications or professional experience are decisive but also a bulk of admission criteria, including a salary requirement that varies from member state to member state. This differentiation in terms of salary requirement is actually reflected in the member states’ preexisting national systems for ‘highly qualified’ immigrants. The Blue Card Directive does not meet the Commission’s original aim to do away with 28 different national systems for highly qualified migrant workers. However, it is not clear if the maintenance of parallel national immigration regimes will hinder or assist the objective of the Blue Card system. The Blue Card Directive provides for a more advantageous set of rights for family reunification. The Directive guarantees the family members of Blue Card holders access to the labour market from the first day of the stay which would render the provision certainly more attractive. |
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| Terjedelem/Fizikai jellemzők: | 13-24 |
| ISBN: | 978-963-306-404-7 |
| ISSN: | 2063-3807 |