EU legal migration policies: the dirctive on students and researchers and the new talent partnership
| Autor | Francesca Pollicino |
| Cargo del Autor | PhD Candidate in Political Science, Dept. of Political and Juridical Science. University of Messina |
| Páginas | 239-259 |
CAPÍTULO 12
EU LEGAL MIGRATION POLICIES:
THE DIRCTIVE ON STUDENTS AND RESEARCHERS
AND THE NEW TALENT PARTNERSHIP
FRANCESCA POLLICINO
PhD Candidate in Political Science,
Dept. of Political and Juridical Science
University of Messina
1. INTRODUCTION
Reducing irregular flows to and within Europe and protecting European
Union (EU) external borders, can only happen effectively if we look at
the migratory phenomenon in a broad and comprehensive perspective,
strengthening legal and safe pathways to Europe. In line with the Lis-
bon strategy, the EU pursues, since more than 20 years a high skilled
immigration friendly approach, which is instrumental to the growth, in-
novation and competiveness of the EU region. This approach led to the
adoption of a set of secondary norms, namely directives, that since 2003
have attempted to frame this field of concurrent competence, setting
minimum standards in order to secure a more efficient management of
migration flows, a fairer treatment of Third Countries Nationals
(TCNs), a more effective struggle against illegal migration along with
the cross cutting aim of strengthening EU competitiveness and growth.
The set of directives, adopted and recast along the last two decades to
portray the legal migration frame, have not always succeeded in imple-
menting a comprehensive and coherent policy. Recently, with the new
Pact for Migration and Asylum296, the EU has enhanced a holistic
296 European Commission (2020), Communication to the European Parliament, the Council,
the European economic and social Committee and the Committee of the Regions On a new
pact on migration and asylum Brussels, 23.9.2020 COM(2020) 609 final.
approach towards the migration and asylum policy. The Pact focuses
on asylum more than on immigration, trying to find a difficult equilib-
rium between responsibility and solidarity among Member States. But,
as it seems that the “EU is currently losing the global race for talent”297,
the Commission tackles in the New Pact, legal migration as a contribu-
tion to the skills and talents that the EU needs. While Member States
are responsible for deciding on the flows they admit for labour pur-
poses, an improved EU legal framework on migration would support
them in attracting the talents they need. The Commission proposed,
therefore, to finalise the negotiations on the revision of the Blue Card
directive298, to adopt a “Skills and Talent package”, to fully implement
the directive on students and researchers, to use the Talent Partnerships
as a viable tool to support mobility of students and researchers and “in-
crease the pool of expertise available to European universities and re-
search institutions [...] and to promote the circulation of knowledge by
moving between Member States”299.
2. OBJECTIVES AND METHODOLOGY
This contribution focuses on the analysis of the novelties introduced by
the directive on Students and Researchers300, underlining its potential
in terms of simplification of procedures, increased rights for beneficiar-
ies, coherence of the overall structure. Moreover, since the transposi-
tion of the directive (the last countries to transpose it have done so on
2020), the New Pact on Migration and Asylum has been adopted,
297 COM(2020) 609 final p. 25.
298 The directive has been recast on 2021 as a consequence of the Commission proposal, Di-
rective (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on
the conditions of entry and residence of third-country nationals for the purpose of highly quali-
fied employment, and repealing Council Directive 2009/50/EC, OJ L 382, 28.10.2021, p. 1–
38.
299 COM(2020) 609 final p. 25.
300 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on
the conditions of entry and residence of third-country nationals for the purposes of research,
studies, training, voluntary service, pupil exchange schemes or educational projects and au
pairing (recast) OJ L 132, 21.5.2016, p. 21–57.
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