European union legal provisions on the admission of thirdcountry nationals for the purpose of employmentas seasonal workers

AuthorElise-Nicoleta Vâlcu
PositionUniversity of Pite?ti, Pite?ti, Romania
Pages46-52
AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 1 (2018), pp. 46-52
46
EUROPEAN UNION LEGAL PROVISIONS ON THE ADMISSION OF THIRD-
COUNTRY NATIONALS FOR THE PURPOSE OF EMPLOYMENTAS SEASONAL
WORKERS
E.-N. VÂLCU
ELISE-NICOLETA VÂLCU
University of Pitești, Pitești, Romania
E-mail: elisevalcu@yahoo.com
ABSTRACT
”The global approach in matters of migration and mobility”, adopted by the
Commission in 2011, sets out a general framework for the relations of the European Union
with the third countries in matters of migration. This approach is based on four pillars: legal
immigration and mobility, illegal immigration and human trafficking, international protection
and asylum policy, as well as maximization of the impact of migration and of mobility on
development.
On 13th May 2015, the Commission presented”The European Agenda on
migration” proposing immediate measures and actions to perform in the following years for a
better management of migration under all its aspects. Within it, the Commission proposes
orientations in four directions: reduction of factors encouraging clandestine migration; a
border management aiming at lifesaving and border security; development of a sounder
asylum common policy; and establishment of a new policy in matter of legal migration by
modernising and revising the ”blue card” regime, by establishing some new priorities of the
integration policies and by optimising the advantages of the migration policy for the aimed
persons and the countries of origin. In September 2018, the Commission published a report
on the progress made in the implementation of the European Agenda on migration, examining
the progress and deficiencies in its implementation.
KEY WORDS
seasonal workers, admission, employer, short-stay visa, long-stay visa, worker permit
1. INTRODUCTION
Pursuant to art.79 para.1 of TFEU (Treaty on the Functioning of European Union)
‘’The Union shall develop a common immigration policy aimed at ensuring, at all stages, the
efficient management of migration flows, fair treatment of third-country nationals residing
legally in Member States, and the prevention of, and enhanced measures to combat, illegal
immigration and trafficking in human beings”.
The adequate management of migration flows involves the guarantee of a fair
treatment of third-country nationals lawfully residing in Member States, so, the European
Union, by regulating some secondary union rules, aims at establishing a uniform level of
rights and obligations for legal immigrants, similar to that of EU citizens.
The Lisbon Treaty also stated that the Union shares the competences in this field with
the Member States, especially regarding the number of immigrants who are allowed the right
to enter the territory of a Member State in order to seek work [article 79 para. (5) of TFEU].
Lastly, the European Court of Justice holds full jurisdiction on immigration and asylum at
present.

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