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IMMIGRATION

EU court ruling ‘could stop Denmark turning away some foreigners at border’

A new EU court ruling could stop Denmark turning away some foreigners at the German and Swedish borders, even if they have no right to be in Denmark.

EU court ruling 'could stop Denmark turning away some foreigners at border'
Denmark may no longer be able to turn away some citizens of non-EU countries stopped at its temporary border controls after a new EU court ruling. Photo: Claus Fisker/Ritzau Scanpix

The ruling, made on Thursday by the Court of Justice of European Union, means that so long as a non-EU citizen has legal residence in at least one EU country, they cannot be turned away at Denmark’s border with Germany or Sweden, even if they have no right of residency in Denmark, Danish newswire Ritzau reports.

The court found that such foreigners are protected by ‘Returns’ Directive, which means that any non-EU citizen illegally staying in an EU country cannot be turned back at a border with another EU country without a formal return decision, giving them time to at first leave the country voluntarily. 

“That also applies where… the person concerned has been apprehended at a border crossing point on the territory of the Member State concerned,” the judgement reads. “Indeed, a person may have entered the territory of a Member State even before crossing a border crossing point.” 

Jens Vedsted-Hansen, a law professor at Aarhus University, told The Local that the judgement was about the procedure for turning away a non-EU citizen rather than about member state’s right to deny them the right to stay.   

“First of all, this judgment is not about the right to refuse entry,” he wrote. “This right in and of itself is not up for discussion in this case, but more the way in which such a refusal can be enforced. What the court is saying here is that in the case of refusal of entry at internal borders, the procedure laid down in the Returns Directive must be respected, as the possibility of exemption from this procedure can only apply in certain cases at external border controls”.   

Anders Vistisen, an MEP with the far-right Danish People’s Party said to news wire Ritzau that the ruling means that any foreigner who has, say, a visa to Poland, can no longer be turned away at the German border if they are stopped by Danish border police as a result of the current temporary border controls. 

Vedsted-Hansen added that although Denmark has an opt-out from the Schengen Borders Code or the EU’s Returns Directive, it had implemented these EU directives into national law and was as a result indirectly committed to complying with them. 

“This means we are indirectly bound by the interpretation determined by the EU Court of Justice,” he said. 

The court case was brought by several French rights groups, including Association Avocats pour la défense des droits des étrangers (ADDE). The groups wanted to test the legality of an order amending the Code governing the entry and residence of foreign nationals and the right of asylum (Ceseda) before the French Council of State. 

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WORK PERMITS

‘Tinder for jobs’: EU’s new job scheme for non-EU workers moves step closer

The creation of a common EU Talent Pool platform, in which non-EU nationals can register their profiles and find jobs across the 27 member states, has moved a step closer to reality.

'Tinder for jobs': EU's new job scheme for non-EU workers moves step closer

At a meeting of the Justice and Home Affairs Council in Luxembourg, the EU Council, which includes representatives of each of the 27 member states, agreed a joint position on the proposal, referred to as “Tinder for jobs” by EU Home Affairs Commissioner Ylva Johansson. 

The Council will now begin negotiating with the European Parliament to agree on the final legislative text on the proposal, which is part of the EU’s broader skills and talent mobility package. 

What’s the scheme?

“This will not replace anything but it will be an additional tool to make recruitment from outside the EU easier,” Johannes Kleis, a press officer at the European Council, told The Local. “It should help to overcome some barriers that employers might find if they look for staff outside the EU, and this portal will be an easier entry point for third country jobseekers.” 

In a press release announcing the agreement, the Council said it hoped to reconcile principles of fair recruitment with a secure and comprehensive migration system while also “reinforcing the position of the European Union in the global race for talent”. 

READ ALSO: The new scheme to help non-EU nationals find jobs in Europe

The EU’s Home Affairs Commission Ylva Johansson hsa described the Talent Portal as ‘Tinder for jobs’. Photo: Simon Wohlfahrt/AFP

The idea is to set up an EU-wide online platform where jobseekers from outside the EU can set up profiles detailing their skills, qualifications, work experience and which languages they speak. Employers from all participating member states will then be able to post up jobs to the platform. 

Only job vacancies involving skills or professions where member states or the EU as a whole have declared a labour shortage will be listed on the platform. 

The Talent Pool will be designed to help EU employers overcoming some of the challenges of recruiting internationally by helping ensure the “accuracy, quality and comparability” of the foreign applicants’ qualifications and skills. It will also help applicants overcome some of their current difficulties in “accessing and understanding information about recruitment processes” as well as reducing costs. 

The Talent Pool is not intended to set up a common work permit system, with anyone who gets a job through the platform still having to apply for a regular work permit in the country where they find a job. 

The Council has added several new proposals to the system put forward by the European Commission in November, setting up a withdrawal procedure through which member states can leave the Talent Pool after giving six month’s notice.

The Council also wants to empower member states to be able to decide whether individual employers can post up vacancies, whether private employment agencies can do so, or whether only state-run national employment agencies can do so.   

What happens next?

“We’re at the beginning,” Kleis said. “The European Parliament and the Council will now have to sit together to agree on the legal text, and that will happen after the summer. From the Council side, this is the first step but the legislation has yet to be agreed on. So there a lot more hoops to jump through.”  

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