The Implementation of the EU’s Approach to Circular Migration Through Legal and Policy Routes

Abstract

This chapter brings together the legal and policy instruments developed as part of the EU’s circular migration approach in order to assess its implementation and establish whether it provides rights-based outcomes for migrant workers. In order to do so, it employs a benchmark framework for analysis based on universal and regional international standards and soft law principles as well as policy measures that have been identified as conducive to circular migration (presented in Chap. 10.1007/978-3-030-52689-4_1). The benchmark framework covers six policy areas considered inherent to this type of labour migration and which at the same time could help distinguish circular migration from the guest-worker model and other time-bound migration policies: entry and re-entry conditions, work authorisation, residence status, social security coordination, entry and residence conditions for family members, and recognition of qualifications. To be beneficial for migrant workers, policies need to allow for a certain degree of migrant-led trajectory of movement and provide adequate protection of the rights of migrant workers.