REGINE Regularisations in Europe Final Report - European ...

countries to develop common strategies to better manage migration flows, it insists that any EU
initiative should respect the principle of subsidiarity. Thus, the decisions on the number of economic
migrants to be admitted in order to seek work, the types of their qualifications and skills as well as
their country of origin are the responsibility of the Member States. Given the differences between
labour market needs, companies’ requirements and skills gaps across Europe, the EU should refrain
from any attempt to quantify needs at EU level. This is neither feasible nor desirable. Labour market
needs should be assessed in Member States at the appropriate level as close to the ground as
possible.” 203 In addition, Member States must be able to decide freely whether or not to participate in
a mobility partnership and “employers should be fully involved in the discussion and decision on the
number of economic migrants to be admitted to seek work and the types of their qualifications and
skills” 204
The principle of subsidiarity, particularly in admission of economic migrants, is further related to the
flexibility of EU actions – that “will allow national administrations to apply a wide range of
admission mechanisms in order to respond quickly to the needs of companies and especially
SMEs”. 205 Thus, although BusinessEurope sees a value in developing common instruments for labour
migration on the European level, it cautions against their uniform application on the Member State
and stresses the need for flexibility at the level of the individual Member State. By implication,
BusinessEurope’s position on admission policy, and in particular its strong emphasis on the principle
of subsidiarity, suggests that it would oppose policies on regularisation on the European level which
would contradict the principle of subsidiarity.
In the opinion of BusinessEurope, the Commission proposal for a general framework directive on a
single application procedure for a single permit for third-country nationals to reside and work in the
territory of a Member State, and on a common set of rights for third country workers legally residing
in a Member State, is in part unwarranted. Defining a common set of rights is “not necessary since
workers’ rights are already adequately covered by existing national and/or EU legislation.” 206 In
relation to the specific directives on the admission selected categories of economic migrants,
BusinessEurope argues that this indeed is a sensible step and corresponds to “the changing economic
needs over time and the difference in labour market needs, companies’ requirements and skills gaps
across Europe” 207 . Furthermore, European employers welcome the idea of a single application for a
joint work/residence permit as it promotes “unbureaucratic, rapid and transparent procedures at
national level and [should] simplify administrative procedures.” 208 .
In relation to illegal migration, European employers agree with the Commission that, “if well
conceived, mobility partnerships and circular migration could be useful instruments to fight illegal
203 Ibid., para.10
204 Ibid. para. 11 and 13
205 UNICE (2006): UNICE position on the Commission policy plan on legal migration, submitted 10 May 2006.
Available at: http://www.businesseurope.eu
206 Ibid. para. 32.
207 Ibid. para. 32-35
208 Ibid., summary
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