Activities of Alice KUHNKE related to 2020/2255(INL)
Plenary speeches (1)
Legal migration policy and law (debate)
Shadow reports (1)
REPORT with recommendations to the Commission on legal migration policy and law
Amendments (39)
Amendment 51 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that, in order to face demograpenhance the Union’s global attractiveness and competitiveness, address inequalities and vulnerabilities migrant workers face, ensure decent working and living conditions for all, and allow migrant workers to play an active role in the workforce, which challenges, the Union needs third-country workers of all skill levels to increase its economic competitiveness andan offset a shrinking workforce, and fill labour market and skill shortages, the Union needs a holistic European Migration Code; to achieve this, the Union should harmonise and approximate and improve access to social rights for migrant workers, as well as create new avenues for third-country workers of all skill levels; without this the EU cannot maintain its global influence as the champion of democracy, inclusion, human rights, free trade in goods and services and the rule of law, and as the leader in the fight against climate change;
Amendment 70 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, latest by 31 January 2022, on the basis of Article 79(2), in particular points (a) and (b), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate and promote entry into and mobility within the Union for legally migrating third-country nationals, henceforth referred to as TCNs, for the purpose of work or applying for work, and to reduce bureaucracy and promote equal treatment, fundamental and social rights, following the recommendations set out in the Annex hereto;
Amendment 77 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for third-country nationals who wish to apply for work with a view to migrating lregalularly to a Member State, as well as for employers to search for potential employees in third countries, would be an essential tool for achieving the purpose of the proposed act and calls on the Commission to include the creation of such a talent pool in its proposal, and create a frame work for the validation and recognition of both hard and soft skills and qualifications, based on objective and uniform criteria;
Amendment 83 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the creation of a framework for the validation and recognition of qualifications and skills, including the formal and non-formal acquisition of skills in third countries, based on objective and uniform criteria; believes there is a need for national authorities to share best practices and build on national level common standards, systems and infrastructures for the recognition of qualifications and skills; believes that local authorities should be given more flexibility to recognise qualifications and assess and validate skills to facilitate an early integration of TCNs into the labour market;
Amendment 88 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s statement in its communication of 23 September 2020 on a New Pact on Migration and Asylum regarding the enhancement of short-term mobility as a complement to legal pathways, especially for the purposes of research or study in order to improve upstream cooperation with third countries, for example to stem irregular migratory flows, and asks the Commission to explore this direction further;
Amendment 101 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Directive (EU) 2021/...15 , but considers it insufficient due to the fact that the labour markets of the Union are also in need of low- and medium-skilled workerswage sectors; notes that the Union is already highly dependent on them in essential sectors such as agriculture and healthcare; calls, therefore, on the Commission to make it a priority to include in its proposal an admission scheme for low- and medium- skilled third-countrymbitious legislative framework for low- and medium-wage TCN workers, including the creation of a framework for the validation and recognition of their skills and qualifications, based on objective and uniform criteria; consultation with social partners and civil society. _________________ 15 EUT number of 2016/0176 COD to be inserted.
Amendment 104 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Union is in need of more self-employed people, and entrepreneurs in order to remain competitive and enhance innovation, as well as younger TCNs with no formal qualifications, through for example, youth mobility schemes, job-seeker and training visa; calls on the Commission to include in its proposal an admissionEU-wide scheme for entry and residence of self- employed people and entrepreneurs, in particular those who establish small and medium- sized enterprises and start-ups, based on objective and uniform criteria;; recommends the schemes proposed include measures that enhance rights and safeguards for TCN workers, including to promote fundamental, social and employment rights for all, including the right to family reunification and intra-EU mobility;
Amendment 114 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests the Commission to include in its proposal a framework for talent partnerships between Member States and third countriewith third countries that Member States could opt into on a voluntary basis, tailored to the situation of the third country in question and designed to prevent brain drain, which should include vocational training programmes based on hard and soft skills, in particular aptitude tests, workplace observation and simulations, and that Member States could opt into on a voluntary basi, intercultural skills and simulations; calls on the Commission to ensure that the framework allows for Parliament to be able to fully exercise its scrutiny and evaluation role and that the proposal includes mechanisms to ensure equal treatment, prevent abuse and protect employees’ rights, including simplified procedures to facilitate claims against employers;
Amendment 122 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the objective of Directive 2011/98/EU to simplify and harmonise the rules concerning permits currently applicable in the Member States and promote equal treatment has not been fully achieved with some of the provisions being implemented in different ways across Union; requests the Commission to take the necessary steps to ensure that the Member States implement that Directive fully; further considerwelcomes the European Commission’s planned review of the Directive, which presents an opportunity to increase labour market coherence and increase rights for a broader category of TCNs; recommends that thate Directive should be amended to allowrequire that applications for a single permit tomay be lodged both from within both a Member State and from a third country, and, in order to further simplify and harmonise the rules, to clearly regulate the procedure for obtaining an entry visa so as to avoid applicants having to submit the documents needed to obtain a single permit twice, and calls on the Commission to include such amendments in its proposalmore than once, and to reduce the dependency of workers and risks of exploitation, and calls on the Commission to include such amendments in its proposal; suggests that to reach a broader category of TCN workers, the scope and the application of the Directive should be expanded, to include seasonal workers and self-employed;
Amendment 132 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Requests that the Commission includes in its proposal the establishment of a transnational advisory service network, to be managed by the Commission, for legally migrating third- country workers, with each Member State designating a lead authority to process applications and to coordinate the advice and information provided to third-country nationals applying for work in the Union; insists that the lead authorities should be responsible for the sharing of information among Member States on third-countryTCN workers and should act as contact points for the talent poolworkers and employers with regard to the talent pool, including in third countries in which not all Member States have presence; asks that the lead authorities be responsible also for close coordination with one another with regard to applications lodged for a single permit to reside and work in accordance with Directive 2011/98/EU in order to avoid double submissions and to encourage and support employers to consider the possibility of applying for this permit;
Amendment 138 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to include in its proposal an amendment to Directive 2014/36/EU to allow holders of work permits under that Directive a period of threesix months to seek new employment after having left their previous employer without having their work permit revokedand guarantee their right to stay within the EU during that time; in order to avoid labour exploitation, the EU Commission should encourage Member States to fully apply the provision on changing employers, thereby delinking residence permits from single employers and jobs; furthermore, the Directive should amend the length of stay for a period longer than 9 months;
Amendment 145 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Requests the Commission to include in its proposal an amendment to Directive 2009/52/EC to adapt its sprovisions obliging Member States to ensure that victims of labour exploitation have access to existing schemes of state compe to include exploited legally residing third- country nationals working in the Unionnsation, to improve the enforcement of equal treatment and employment rights, including accessible and effective complaints mechanisms and legal procedures for all workers; calls on the Commission to improve the regulation of private agencies involved in international recruitment;
Amendment 152 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is of the view that Directive 2003/109/EC should be amended to allow third-country nationalTCNs who are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similarequivalent to the terms applicable to Union citizens and to reduce the number of years of residence required to acquire Union long- term residence status from five to three years; calls on the Commission to include those amendments in its proposal; the Directive should facilitate intra- and extra-EU mobility by introducing more flexible rules for onward mobility similar to the Blue Card Directive, allowing for the TCN to accumulate years of stay throughout the EU towards the long-term residency; notes that the Directive should extend the period of absence to allow TCNs to travel to their home countries and provide them the right to re-entry; suggests simplifying procedures for residence permit holders by removing provisions on labour market tests and on other restrictive measures that hamper access to the labour market; calls on the Commission to include those amendments in its proposal and to take steps to ensure compliance with the terms of the Directive;
Amendment 157 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to review the implementation of Directive 2003/86/EC on the right to family reunification and to take any steps needed to further facilitate its implementation and decrease the financial and practical barriers to family reunification for TCN migrant workers;
Amendment 159 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Requests that the Commission includes in its proposal measures to ensure visa facilitation including through long-term multiple-entry visas, introduce in existing and future directives a system to facilitate the right to re-entry, and extend the period of absence for TCNs to allow for mobility in their home countries, making visa more easily available and preventing sanctions related to readmission or return that will adversely affect individual visa applicants;
Amendment 173 #
Motion for a resolution
Annex I – Recommendation 1 – indent 1
Annex I – Recommendation 1 – indent 1
- The European Parliament considers that the legislative act to be adopted should establish a Union-wide talent pool for third-country nationals who wish to apply for work in and migrate legally to a Member State, as well as for Union-based employers to search in third countries for potential employees, and should facilitate the admission and free movement of third- country workers. The European Parliament considers that such a Union-wide talent pool should establishxplore synergies with the existing framework and the legislative act should therefore amend Regulation (EU) 2016/589 in order to expand the current scope of the EURES Portal, established by that Regulationunder Regulation (EU) 2016/589 and the EURES Portal;
Amendment 179 #
Motion for a resolution
Annex I – Recommendation 1 – indent 2
Annex I – Recommendation 1 – indent 2
- The talent pool, as established by the legislative act, would allow third- country nationalTCNs to express their interest in and apply for work, while also enabling employers to search for potential employees. Third-country nationals would be able to apply for work where there is a shortage in the Member States’ domestic labour markets, after having gone through an transparent and non-discriminatory application and pre- screening process. The talent pool would serve as an optional tool that Member States could use to meet the demands of and shortages in the Member States’ labour markets that cannot be met by the domestic workforce. The talent pool should be complemented by increased coordination between participating national authorities, and it should take into account national specificities and the different demands of national labour markets. In that spirit, the Union-wide transnational advisory service network, as referred to in Recommendation 5, 6,should facilitate the running of the talent pool and serve as a contact point for the talent pool in the Member State. as well as in third countries, including in particular those in which not all Member States have a presence
Amendment 182 #
Motion for a resolution
Annex I – Recommendation 2 – title
Annex I – Recommendation 2 – title
Recommendation 2 (on an admittance scheme for low and medium-skillwaged third- country workers)
Amendment 185 #
Motion for a resolution
Annex I – Recommendation 2 – indent 1
Annex I – Recommendation 2 – indent 1
- It is a pressing need for the Union to improve its attractiveness for all skilled third-country workernd allow for the admission of third-country workers across all skill levels, not only for highly- skilled workers. With the revision of the Directive (EU) [EU BLUE CARD], the Union has taken further steps to achieve that goal for highly-skilled third-countryTCN workers. However, it is imperative to also achieve that goal for low- and medium- skilled third-countrywage TCN workers, in order to be consistent in practising EU values, fill vacancies and improve matching on the Member States’ labour markets, further enhancing the Union’s economic competitiveness.
Amendment 190 #
Motion for a resolution
Annex I – Recommendation 2 – indent 2
Annex I – Recommendation 2 – indent 2
- To properly address that issue, the European Parliament calls on the Commission to, within the legislative act to be adopted, include provisions setting up an admission scheme with conditions of entry and residence for low- and medium- skilledwage third-country workers. The scheme should ensure equal treatment in line with the existing EU acquis on labour migration, and include the creation of a framework within which third-country workers are able to have their skills andhard and soft skills and formal and non-formal qualifications properly recognised and validated for use on the Member States’ labour markets. In order to prevent any abuse of TCN migrant workers and to ensure their equal treatment when working or applying for work in the EU, the proposal should include the setting up of monitoring mechanisms and labour market inspections, equivalent to those established in Directive2009/52/EC with a specific focus on preventing the abuse of migrant workers.
Amendment 195 #
Motion for a resolution
Annex I – Recommendation 3 – indent 1
Annex I – Recommendation 3 – indent 1
Amendment 199 #
Motion for a resolution
Annex I – Recommendation 3 – indent 2
Annex I – Recommendation 3 – indent 2
- To that end, the European Parliament considers that the legislative act to be adopted should include an admission scheme with conditions of entry and residence for self-employed people and entrepreneurs, in particular for third- country nationalTCNs who establish small and medium-sized enterprises and start-ups, which ensures robust rights and safeguards to promote social and employment standards for all workers. The definitions of ‘self-employed person’ and ‘entrepreneur’ should be based on objective and uniform criteria set by the Commission.
Amendment 204 #
Motion for a resolution
Annex I – Recommendation 4 – indent 1
Annex I – Recommendation 4 – indent 1
- The European Parliament calls on the Commission to prepare a tailor-made framework for talent partnerships in which Member States can voluntarily participate and to include this in the legislative act to be adopted. Those partnerships would be open to third-country workers of all skill- levels, as well as students and graduates, and would serve as an efficient tool for Member States to match the skills of workers in third countries with the demands of the Member States’ labour markets which the domestic workforce cannot meet. The aim of those partnerships is to add another legal channel as a mobility-option for third-country nationalTCNs who wish to migrate to the Union for work and to tackle the issues of labour market shortages and mismatches across the Union, creating a ‘quadruple win’ for the EU, third countries, employers and migrant workers. The practical implementation of the partnerships would rely on close cooperation with national authorities, labour market institutions and, civil society actors and social partners. The Commission should ensure that the European Parliament is able to, on a regular basis, scrutinise and evaluate the functioning of the partnerships, as well as propose recommendations to improve the overall functioning of the framework.
Amendment 205 #
Motion for a resolution
Annex I – Recommendation 4 – indent 1 a (new)
Annex I – Recommendation 4 – indent 1 a (new)
- While enabling a flexible approach, the framework should set out standards for talent partnerships. In particular these should ensure transparency regarding the process and which stakeholders are involved; involvement of social partners in development and monitoring; coverage of recruitment fees and travel costs by employers; and access to information for workers, including on labour and trade union rights and complaints and redress mechanisms.
Amendment 207 #
Motion for a resolution
Annex I – Recommendation 4 – indent 2
Annex I – Recommendation 4 – indent 2
- A reinforced and more comprehensive approach would offer cooperation with partner countries and help boost mutually beneficial international mobility in a way that prevents brain drain or other adverse effects, for example by promoting training and creating a re- entry system. Importantly, third countries must have a strong sense of ownership and be able to co-create partnerships from the outset. Those talent partnerships should be inclusive and build strong cooperation between the institutions concerned, for example national ministries of labour and education, employers, social partners and education and training providers. However, it is important that Member States strongly engage with those talent partnerships, that the private sector, in particular Europe an businesses, and the social partners be involved, and that partner countries have ad in partner countries, the social partners and relevant civil society actors be involved, and that partner countries always retain a significant and meaningful sense of ownership.
Amendment 208 #
Motion for a resolution
Annex I – Recommendation 4 – indent 2 a (new)
Annex I – Recommendation 4 – indent 2 a (new)
- Either as part of the Talent Partnerships or separately, the Commission could consider developing European Youth Mobility Programme, to maximise opportunities for young persons to live, work and study in the EU. Such programmes could significantly benefit relations with third countries and building such programmes, the EU can draw experiences from similar schemes in Australia and Canada.
Amendment 212 #
Motion for a resolution
Annex I – Recommendation 5 – title
Annex I – Recommendation 5 – title
Recommendation 5 (on the simplification and improvement of Directive 2011/98/EU)
Amendment 215 #
Motion for a resolution
Annex I – Recommendation 5 – indent 1
Annex I – Recommendation 5 – indent 1
- The European Parliament is of the view that procedures with respect to Directive 2011/98/EU should be further harmonised for that Directive to be fully efficient, therefore considers that the legislative act to be adopted should amend that Directive in order to allowrequire that applications for a single permit tomay be lodged both from within the territory of a Member State and from a third country, while engaging both the Member States and the third countries in a system that shares information on, and coordinates with respect to, the applications lodged. The European Parliament moreover calls for, inter alia, the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid applicants having to submit the documents needed to obtaining a single permit twice, and alsomore than once: requests the Commission to analyse and reduce the administrative requirements and inefficiencies in permit procedures which prevent pathways from responding to real labour market needs and in particular to propose changes that would allevieliminate the difficulties facing third- country national holding work permits when changing employment, thus making the permit holder too rough work and residence permits that are independent onfrom the employer.
Amendment 217 #
Motion for a resolution
Annex I – Recommendation 5 – indent 1 a (new)
Annex I – Recommendation 5 – indent 1 a (new)
- Requests the Commission to propose changes that would address lack of implementation of equal treatment provisions in the Directive and persistent labour exploitation, in particular to alleviate the difficulties facing third- country national holding single permits when changing or losing employment, thus making the permit holder too dependent on the employer, and to ensure effective workplace monitoring and complaints mechanisms to protect all migrant workers’ labour rights, which should in particular guarantee effective access to justice and redress and protect workers from retaliation
Amendment 221 #
Motion for a resolution
Annex I – Recommendation 6 – title
Annex I – Recommendation 6 – title
Recommendation 6 (on the establishment of a Union-wide transnational advisory service network for legally migrating workers)
Amendment 223 #
Motion for a resolution
Annex I – Recommendation 6 – indent 1
Annex I – Recommendation 6 – indent 1
- The European Parliament is of the view that systematic cooperation between and engagement with the authorities of Member States and of third countries is required to enhance legal pathways for migration. To achieve that goal, the European Parliament considers that the legislative act to be adopted should establish a transnational advisory service network, managed by the Commission, for third-country workers, with each Member State designating a lead authority to coordinate the advice and information provided to legally migrating third-country nationals applying for work in the Union. Diaspora communities and migrant workers residing in the EU should be actively involved in the design and implementation of the network. The authorities in each Member State should also be responsible for closely coordinating with one another with regard to applications lodged for a single permit to reside and work in the Union in accordance with Directive 2011/98/EU in order to avoid double submissions. That network should also take into account national specificities and different demands of national labour markets. This transnational advisory service network should facilitate the running of the talent pool, as outlined in Recommendation 1.
Amendment 227 #
Motion for a resolution
Annex I – Recommendation 6 – indent 2
Annex I – Recommendation 6 – indent 2
- In addition, each Member State should be responsible for requesting from employersuse information on third-country workers, in full respect of Union data protection law, in order to enable third- country nationalTCNs to be connected with the relevant authorities and support services, in order to facilitate the protection and strengthening of the equal rights and treatment of third-country workers. This transnational advisory service network should facilitate the running of the talent pool, as outlined in Recommendation 1. ; and should ensure that employers provide accurate and timely information about their rights, relevant authorities and available services to third country nationals
Amendment 231 #
Motion for a resolution
Annex I – Recommendation 7 – indent 1
Annex I – Recommendation 7 – indent 1
- Promoting professional mobility for legallyTCNs residing third-country nationalsand working in a Member State also means protecting them from exploitation. Numerous third-country nationals, in particular low-skilled third-country nationalTCNs, hesitate to leave an exploitative employer because it would mean that they would lose their work permit and right to stay in the Union. This is currently evident in the disparaging situation of many care workers across Europe and those in the catering, hotel, and entertainment sectors. Holders of a work permit issued under the Directive 2014/36/EU are, in particular, prone to exploitation, seeing how they often tend to work within sectors mainly employing low-skilled workers.
Amendment 234 #
Motion for a resolution
Annex I – Recommendation 7 – indent 2
Annex I – Recommendation 7 – indent 2
- Therefore, the European Parliament considers that the legislative act to be adopted should amend Directive 2014/36/EU to allow holders of work permits under that Directive a period of threesix months to seek new employment after having left their previous employer without having their permit revoked. The European Parliament recommends that the Commission, at the same time, consider other appropriate amendments to that Directive in order to bring it up to date and in line with other more recent Union legal acts dealing with legal migration, including delinking residence permit from a single employer or a job and allowing application within the territory of the Member State.
Amendment 238 #
Motion for a resolution
Annex I – Recommendation 8 – title
Annex I – Recommendation 8 – title
Recommendation 8 (on amending the Directive 2009/52/EC to include legally residing third-country nprovisions to increase coherence and address labour exploitationals)
Amendment 240 #
Motion for a resolution
Annex I – Recommendation 8 – indent 1
Annex I – Recommendation 8 – indent 1
- Directive 2009/52/EC contains several tools that can be used to supporWhile the Single Permit Dirregularly staying third-country nationals working within the Union. The fact that it only covers irregularly staying third- country workers is, however, a substantial flaw. While regularly stayingective establishes a common set of rights for third- country workers enjoy a higher level of protection, mainly by virtue of their legal right to stay within the Union, as well as through other means, they too can be exploited and remain more vulnerable than Union citizens. Consequently, the European Parliament sees a need to amend Directive 2009/52/EC to make it applicable to all third-country nationals working in the Unionand the right to equal treatment, it does not include any provisions to reinforce enforcement of these rights.
Amendment 242 #
Motion for a resolution
Annex I – Recommendation 8 – indent 1 a (new)
Annex I – Recommendation 8 – indent 1 a (new)
- Available , accessible and effective complaints mechanisms are required by EU law, for irregular workers by the Directive 2009/52/EC and for seasonal workers by 2014/36/EU, and would support implementation of, inter alia, Directive2012/29/EU and Directive 2011/36/EU. Permits of limited duration are provided under Directive 2009/52/EC and Directive 2004/81/EC and should be further expanded as a good practice to address dependency and exploitation. Consequently, the European Parliament sees the need for a horizontal provision strengthening the effective access to labour rights enforcement and remedy through complaints mechanisms and legal procedures for all workers and access to permits for vulnerable workers, either through revision of Directive 2011/98/EU or otherwise in the Commission’s proposal.
Amendment 243 #
Motion for a resolution
Annex I – Recommendation 8 – indent 1 b (new)
Annex I – Recommendation 8 – indent 1 b (new)
- EU law covers equal treatment of temporary employment agency workers but does not fully address the situation of migrant workers nor international private recruitment agencies. Migrant workers employed through agencies can face complex employment structures with lack of accountability, unauthorised recruitment fees, abusive working conditions and wages, risks of debt bondage, and retention of documents, among other abuses. The European Parliament considers important to develop the EU level legislative framework regulating employment agencies, building on good practices on national level, and the extensive work of international organisations in this area.
Amendment 246 #
Motion for a resolution
Annex I – Recommendation 9 – indent 2
Annex I – Recommendation 9 – indent 2
- Therefore, the European Parliament considers that the legislative act to be adopted should amend Directive 2003/109/EC to allow third-country nationals who are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similar to the terms applicable to Union citizens. The European Parliament recommends that the Commission, at the same time, consider other appropriate amendments to that Directive to bring it up to date and in line with other more recent Union legal acts dealing with third-country nationals legally staying in the Union. The European Parliament requests the Commission to, as a minimum, include in its proposal reducing the number of years required for acquiring a Union long-term residence permit from five to three years, particularly to enhance mobility and simplify and harmonise procedures. With this in mind, the Directive should facilitate intra- and extra-EU mobility by reducing the time required to obtain long- term residence status, by introducing more flexible rules for onward mobility and by extending the period of absence to allow TCNs to travel to their home countries and provide them with the right to re-entry. The European Parliament suggests that the Directive is amended in order to simplify procedures for residence permit holders by removing provision on labour market tests and other restrictive measures that hamper access to the labour market, including for family members. The Directive should allow for TCN to accumulate years of stay throughout the EU towards their long- term residency. The European Parliament requests the Commission to, as a minimum, include in its proposal reducing the number of years required for acquiring a Union long-term residence permit from five to three years.