Blue Card (European Union)
Encyclopedia
The Blue Card aka Blue European Labour Card is an approved EU-wide work permit
(Council Directive 2009/50/EC) allowing high-skilled non-EU citizens to work and live in any country within the European Union
, excluding Denmark
, Ireland
and the United Kingdom
, which are not subject to the proposal. The term Blue Card was coined by the think tank Bruegel, inspired by the United States' Green Card
and making reference to the EU flag which is blue with twelve golden stars.
The Blue Card proposal presented by the European Commission
offers a one-track procedure for non-EU citizens to apply for a work permit, which would be valid for up to two-years, but can be renewed thereafter. Those who are granted a blue card will be given a series of rights, such as favourable family unification rules. The proposal also encourages geographic mobility within the EU, between different member states, for those who have been granted a blue card. The legal basis for this proposal is Article 63(3)(a) and (4) of the Treaty of Rome
, which states that the Council shall adapt measures on immigration policy concerning “conditions of entry and residence and standards on procedures for the issue by Member States” and measures “defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States”.
on the 23rd of October, 2007, by the President of the European Commission José Manuel Barroso and Commissioner for Justice, Freedom and Security Franco Frattini. Barroso motivated the proposal with the EU’s future lack of labour and skills, the difficulty for third country workers to move between different member states for work purposes, the conflicting admission procedures for the 27 different member states, and the "rights gap" between EU citizens and legal immigrants.
The proposal was presented along with another proposal, COM(2007)638, which includes a simplified application procedure and a common set of rights for legal third-country workers.
pointed to the fact that several African countries already suffer from the migration of skilled health workers and said that this proposal might worsen the situation. Moroccan international economic law professor Tajeddine El Husseini went further, saying that this "is a new form of colonisation, of discrimination, and it will be very hard to find support for it among southern countries".
backed the introduction of the blue card while recommending some safeguards against brain drain
and advocated greater flexibility for EU Member States. Many of these suggestions, though, were ignored in the subsequent legislation which was passed on 25 May 2009. Some compromises were made, as "Member States to set quotas on Blue Card holders or to ban them altogether if they see fit." The Blue Card rules also could run into problems with the European Permanent Residency Directive.
and Belgium
) have yet to fully enact the law or give the rights promised in the directive." Already, think tanks
have presented ideas designed to supplement the Blue Card and its weaknesses.
Work permit
Work permit is a generic term for a legal authorization which allows a person to take employment.It is most often used in reference to instances where a person is given permission to work in a country where one does not hold citizenship, but is also used in reference to minors, who in some...
(Council Directive 2009/50/EC) allowing high-skilled non-EU citizens to work and live in any country within the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, excluding Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, which are not subject to the proposal. The term Blue Card was coined by the think tank Bruegel, inspired by the United States' Green Card
United States Permanent Resident Card
United States lawful permanent residency refers to a person's immigration status: the person is authorized to live and work in the United States of America on a permanent basis....
and making reference to the EU flag which is blue with twelve golden stars.
The Blue Card proposal presented by the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
offers a one-track procedure for non-EU citizens to apply for a work permit, which would be valid for up to two-years, but can be renewed thereafter. Those who are granted a blue card will be given a series of rights, such as favourable family unification rules. The proposal also encourages geographic mobility within the EU, between different member states, for those who have been granted a blue card. The legal basis for this proposal is Article 63(3)(a) and (4) of the Treaty of Rome
Treaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...
, which states that the Council shall adapt measures on immigration policy concerning “conditions of entry and residence and standards on procedures for the issue by Member States” and measures “defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States”.
Proposal
The blue card proposal was presented at a press conference in StrasbourgStrasbourg
Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...
on the 23rd of October, 2007, by the President of the European Commission José Manuel Barroso and Commissioner for Justice, Freedom and Security Franco Frattini. Barroso motivated the proposal with the EU’s future lack of labour and skills, the difficulty for third country workers to move between different member states for work purposes, the conflicting admission procedures for the 27 different member states, and the "rights gap" between EU citizens and legal immigrants.
The proposal was presented along with another proposal, COM(2007)638, which includes a simplified application procedure and a common set of rights for legal third-country workers.
International Reaction
Shortly after the proposal was presented, it received heavy criticism. South African Minister of Health Manto Tshabalala-MsimangManto Tshabalala-Msimang
Dr. Mantombazana 'Manto' Edmie Tshabalala-Msimang was a South African politician. She was Deputy Minister of Justice from 1996 to 1999 and controversially served as Minister of Health from 1999 to 2008 under President Thabo Mbeki...
pointed to the fact that several African countries already suffer from the migration of skilled health workers and said that this proposal might worsen the situation. Moroccan international economic law professor Tajeddine El Husseini went further, saying that this "is a new form of colonisation, of discrimination, and it will be very hard to find support for it among southern countries".
Approval
On 20 November 2008 the European ParliamentEuropean Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
backed the introduction of the blue card while recommending some safeguards against brain drain
Brain drain
Human capital flight, more commonly referred to as "brain drain", is the large-scale emigration of a large group of individuals with technical skills or knowledge. The reasons usually include two aspects which respectively come from countries and individuals...
and advocated greater flexibility for EU Member States. Many of these suggestions, though, were ignored in the subsequent legislation which was passed on 25 May 2009. Some compromises were made, as "Member States to set quotas on Blue Card holders or to ban them altogether if they see fit." The Blue Card rules also could run into problems with the European Permanent Residency Directive.
Implementation
Three and a half years after it was supposed to be put into effect, some Member States (such as SpainSpain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
) have yet to fully enact the law or give the rights promised in the directive." Already, think tanks
Think tank
A think tank is an organization that conducts research and engages in advocacy in areas such as social policy, political strategy, economics, military, and technology issues. Most think tanks are non-profit organizations, which some countries such as the United States and Canada provide with tax...
have presented ideas designed to supplement the Blue Card and its weaknesses.
External links
- European Parliament- Blue Card Feature
- Council Directive 2009/50/EC of 25 May 2009
- Discussion about the Blue Card with Focus on Germany
- EU Blue Card Network Tool that makes job seekers visible to employers