What Role Did Human Rights Play in Negotiation Processes on EU Law on Labour Migration?

Wednesday, July 8, 2015
H007 (28 rue des Saints-Pères)
Bjarney Fridriksdottir , Centre for Migration Law, Radboud University Nijmegen
This paper will provide an analysis of to what extent human rights obligations were taken into consideration during the negotiations for the recently adopted directives on labour migration, the Blue Card Directive (2009/50/EC) and the Single Permit Directive (2011/98/EU). Both directives contain provisons that are analogous to provisions of human rights conventions that EU Member States are parties to and they provide for minimum standards to be met.

The analysis will focus on the negotiations of the text of the directives in the Working Party on Migration and Expulsion examining the position of the different actors involved on adherance to human rights standards. Those actors include Member States, the European Commission and committees of the European Parliament.

The analysis will aim to answer the following questions: Were the relevant human rights obligations brought up in the negotiations? If so by whom? Did they influence the text of the directives? Were Member States constrained by their human rights obligations while negotiating the text of the directives? Did human rights have a role to play in developing EU law on labour migration? Were there markable differences between the negotiations for the Blue Card Directive conducted before the entry into force of the Lisbon Treaty and the Single Permit Directive which were conducted after Lisbon?