Regularisations of Irregularly Staying Migrants in the EU: A Comparative Legal Analysis of Austria, Germany and Spain

The EU Return Directive requires Member States to issue a return decision, but only 40% are enforced annually. This book compares the regularization systems in Austria, Germany, and Spain to combat irregular migration. Regularization is an effective alternative to returns, as it grants a right of residence to migrants and terminates their irregular residence. EU regularizations should supplement the present return policy to be more effective.

Format: Hardback
Length: 400 pages
Publication date: 23 March 2023
Publisher: Bloomsbury Publishing (UK)

Combatting irregular migration is a crucial challenge in the realm of migration management at the European Union (EU) level. This book delves into one of the most pressing structural issues related to the EU's return policy: the low return rate of irregularly staying migrants. In this context, the EU Return Directive mandates Member States to issue return decisions, but only approximately 40% of these decisions are enforced annually. Despite political and legal efforts, the EU has made limited progress in enforcing the rules outlined in the Return Directive.

While the legislation of EU Member States may provide potential solutions to address the issue of irregularly staying migrants, the book compares the system of regularizations in Austria, Germany, and Spain. Regularizations offer an effective alternative to returns, as they terminate the irregular residence of migrants without resorting to deportation. Instead, they grant a right of residence, making regularization a legal decision that awards legal residency to such migrants.

As demonstrated through the examination and comparison of regularizations in Austria, Germany, and Spain, different national systems of regularization exist. However, it is argued that EU-level regularizations complementing the current return policy would be more effective in combating irregular migration at the EU level.

In conclusion, this book sheds light on the challenges of irregular migration and explores potential solutions through the comparison of regularization systems in Austria, Germany, and Spain. It emphasizes the need for more effective EU-level measures to address the issue of irregular migration and promote a more comprehensive and sustainable approach to migration management.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509947515