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Bachelor Thesis Presentation

Comparative Analysis of the Implementation of the BC in Austria and Germany
by

Elisabeth Kamm

on 26 August 2013

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Transcript of Bachelor Thesis Presentation

Importance of Rights in Liberal Democracies
The Migration of Highly-Qualified into the European Union
Comparative Analysis of the Implementation of the Council Directive 2009/50/EC (Blue Card) in Austria and Germany
Does the implementation of the Blue Card point to the introduction of a European wide system for the admission of highly qualified?
Where would a HQ TCN go?
Bachelor Thesis Presentation on August 27th, 2013
by Elisabeth Kamm
Theory
The Liberal Paradox
Methodology
Analysis
Discussion
Results
The European Union
Political Forces
Economic Forces
IG
IG
IG
IG
SUPRANATIONAL
The Liberal Paradox

Political Forces
Economic Forces
IG
IG
IG
IG
SUPRANATIONAL
Lack of Regimes in International Migration
Differing interests of states regarding migration
Main Actors:
Nation States
Indicators that might be important for future migrants
Preconditions for Admission
Simple Administrative Process
Family-Friendliness
Permanence of Residence Permit
Market Size and Portability
Exclusiveness of the System
Preconditions for Admission
Simple Administrative Process
Family-Friendliness
Permanence of Residence Permit
Market Size and Portability
Exclusiveness of the System
Common System?
Austria
Binding work contract for one year
Germany
Austria
No European administration
Germany
Possibility to manage migration coherently is low
Strong common interest of all MS would allow delegation of power to the supranational level
Supranational authority or regime
-> Set common rules and regulations
-> Finesse MS individual Liberal Paradoxes
IG
IG
IG
IG
SUPRANATIONAL
1. Hypothesis
BUT
Exception: Highly qualified TCN are needed in all European countries
2. Hypothesis
Research Hypothesis
Blue Card
Directive
Supranationalization
= A most attractive and European wide admission system for HQ
Most similar System Design
Sample:
Austria & Germany
Are these aspects put forward by the Blue Card? Do they point into the establishment of a European system?
No common System
Highly Qualified
higher education
5 years of working experience
4 years of study
3 years of study
Salary
Methodology
Implications
The Blue Card
Recent development
€ 54,409.50
Contract
€ 46,400
€ 36,192
Salary NOT qualification is important
Process of recognition of qualifications?
Regional Office of the Working Service (AMS)
Response in 8 weeks instead of 12
International Placement Services (ZAV)
Responsible
Actor
Bureaucracy
Omission of the "Priority Review"
Austria
Germany
Reunification
Access to labour market
within the first 6 months
immediately possible
Permanence of BC
Austria
Germany
max. 2 years
max. 4 years
Next step?
Red-White-Red-Card Plus (24 months)
National Settlement Permit (33/21 months)
Long term EC Residence Permit
Expansion of time abroad to 18 months (10) and continuous absence of 12 months (5)
Movement to another MS
Notable: The EU Blue Card is only granted in 24 European countries
Migrants who move are disadvantaged to migrants who don't move
Austria
Germany
Long Term EC Residence Permit
Austria
Germany
Better alternative to the Blue Card?
Red-White-Red-Card
Red-White-Red-Card
Plus
§§ 18; 19; 20; 21 AufenthG
BC = 19a AufenthG
Thank you for your Attention!
Questions?
Competition instead of Cooperation
Austria went its own way even where comparable European solutions were available
No common system although this would be most attractive
Very different implementation in these two countries
However: More cooperation than before?
Focus on MS - EU level
Attitude towards EU in general?
Focus on admission
Indicators
MS - MS also important
Aspects which are not influenced by the admission system but still important for migrants
Not independent from integration
Political discourses?
Importance of Rights in Liberal Democracies
Political Forces
Economic Forces
IG
IG
IG
IG
SUPRANATIONAL
2. Hypothesis
1. Hypothesis
Future Role of the EU?
Political Forces?
MS relative gains instead of gains for the EU
Unemployed TCN could more easily find a job if they were allowed to search in the whole EU
Why is an increase in supranational authority for this group not in the interest of the MS?
Future of free movement inside the EU?
Political Forces demanding closure must be stronger than assumed
Working rights but no citizen rights for HQ TCN?
Assumption:
Finessing of the Liberal Paradoxes when political forces are similar in all countries.
Liberal Paradox
Role of the ECJ?
"Real" European Citizenship?
Future Role of the European Union?
Political Forces?
necessary: two years of previous stay in the country
possible after 18 months in the first MS
HQ TCN:
- 4 years in Germany
- moves to Austria
4 years + 2 years to be able to apply for EC Long Term Residence Permit
Where would a HQ TCN go?
Full transcript