What is European Union law and what is its current migration policy?

European Union Law plays a fundamental role in establishing policies and regulations that directly impact the management of migratory flows and the protection of migrants’ rights. Below, we will tell you in detail what is the European Union Law and its migration policy in Spain. Do you want to know how it affects the migratory reality of our country? Read on and find out the details!

What is European Law or “European Union Law”?

European Union law is a set of rules and institutions that regulate the activities of the EU and its member states. This legal system is composed of various legal instruments, such as the founding treaties, regulations, directives, decisions and judgments of the Court of Justice of the EU.

As such, European law applies to various areas. Among them are competition policy, foreign trade, agricultural policy, environmental protection, justice, fundamental rights, etc. 

The Court of Justice of the European Union is also responsible for interpreting and applying these rules. In the event of conflicts between Member States or between Member States and the European Union, the Court of Justice of the European Union is also responsible for interpreting and applying these rules.

In that sense, the principles of European Union law may include:

• Subsidiarity: the EU acts only in areas where action at the national level is insufficient and necessary to achieve common objectives.
• Loyal cooperation: Member States have an obligation to cooperate with the EU institutions in the application of European law.
• Freedom of movement of persons, goods, services and capital: citizens and companies must be able to move freely within the EU.
• Non-discrimination: in the pillars of European law is the statute that all persons must be treated equally. Regardless of their origin, gender, sexual orientation, religion, etc.
• Protection of human rights: the EU is committed to protecting and promoting human rights throughout Europe.

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Spain’s challenges as the next EU president on migration issues

The European Union is currently facing unprecedented challenges that pose a complicated situation. The war in Ukraine and the climate crisis are just a few examples. 

In this context, Spain is preparing to assume the Presidency of the Council of the EU in the second half of 2023. During its mandate, it will have to assume a great responsibility in leading initiatives related to key aspects of the EU’s work and European law. These include the ecological transition, the digital transformation and the social agenda.

That said, the enormous impact and influence that European Union law has on the lives of citizens is unquestionable. 

Through a wide and diverse range of legislation, whether directly enforced or adopted, we find numerous recent examples that have had a significant effect on people’s lives. 

In this regard, some of the challenges that Spain will face in terms of migration issues are as follows: 

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What immigration developments can we expect this year?

The first major novelty brought by European law is that it will change the process of obtaining permits for highly qualified workers. This will be implemented in the EU Blue Card regulation. The latter was adopted by the Council on October 7, 2021.

In case you don’t know, the EU Blue Card is a work authorization that allows highly skilled workers to reside and work in the EU. One of the main characteristics of these workers is that they do not belong to the Union.

However, its implementation has been uneven among member states.

How will this European law measure work for Spain?

In Spain, for example, it has had little application due to complicated and lengthy requirements. For example, accreditation of national employment status. 

As a consequence, it has lost relevance in the introduction of the residence authorization for highly qualified professionals established by Law 14/2013 on entrepreneurs.

The correct implementation of European Union law and migration policy will be achieved through faster procedures. Including more flexible and inclusive admission criteria and broader rights. This in addition to facilitated mobility within the EU. 

This change, in particular, is attractive for Spanish companies. This is because it will not only facilitate access to foreign talent. It will also simplify the recruitment of those already residing in the EU.

In Spain, the EU Blue Card will be regulated under Law 14/2013 under the name “EU Highly Qualified Professional”. Its processing will be in charge of the Large Companies Unit, which contemplates European Law.

In this way, it is possible to guarantee reduced and competitive terms for Spanish companies. This permit will be granted for a period equal to that of a contract, plus an additional three months. In no case will the maximum limit of 3 years be exceeded.

Although there is no exact date for its entry into force, the Directive sets a deadline of November 18, 2023. Therefore, it is important to be vigilant. You can see the summary of this migration policy measure and European law below: 

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Conclusion

European Union law plays a fundamental role in the regulation of migration policy in Spain and throughout the EU. Through its rules and directives, it seeks to establish a legal framework that effectively manages migratory flows in order to protect the rights of citizens and promote the integration of workers.

If you need specialized legal advice regarding European Union law and immigration news, our team of experts is here to help you. Contact us through our email tasconsultoria@tas-sl.es and schedule your free advice and get the legal assistance you need for your immigration procedures in Spain!