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Shortage of Skilled Workers: Legislative Projects and Potentials of Start-ups

The German government has committed itself to liberalising labour migration. According to a ‘policy paper’, migrants with a work contract and professional experience are to be admitted on the basis of a ‘experience pillar’ if they have completed professional training abroad, irrespective of whether it is equivalent with domestic standards or not. In addition, a ‘potential pillar’ will introduce a points system for jobseekers who meet a number of criteria. The Research Centre Immigration & Asylum…

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Parliamentary Hearing on the Extension of Regularisation

Regularisation programmes are controversial in many countries. Germany has six such options already, which will be extended further once the latest proposal of the government has been adopted. The future legislation will combine a residence permit ‘on probation’ for those who entered before the end of 2016 with an extension of an existing legalisation scheme, which covers future entries as well. The latter is controversial, since its three-, four-, and six-year qualification period starts…

Open Access Publication ‘Racism and the Grundgesetz’ (in German)

The term ‘racism’ is experiencing a renaissance in Germany. An inspection of the judicial practice unearths a contrast between a narrow approach of discrimination on grounds of ‘race’ or ‘ethnic origin’ revolving around physical characteristics and different degrees of broad conceptualisations in the interdisciplinary debate. Judith Froese und Daniel Thym, both professors at the University of Konstanz, have assembled a team of leading scholars from across Germany to contribute to the Open Access…

Border Closure and Visa Ban for Russians

Russians find it increasingly difficult to leave the country as tourists, deserters, or for political reasons. The Baltic States, Poland, and Finland have closed their borders and stopped issuing visas, except for narrow categories of humanitarian cases. The Commission tries to coordinate national practices. In a blogpost for the Odysseus Network, Daniel Thym analyses whether and under which conditions the border closure and visa ban are compatible with the Schengen Borders Code and the Visa…

European Law as a Hurdle for the Legalisation of Cannabis in Germany

The German government had originally planned to legalise Cannabis fairly soon. That project is confronted with unforeseen difficulties. Politicians had underestimated supra- and international legal hurdles. EU law might turn into a major battlefield. Both Article 71(5) Convention Implementing the Schengen Agreement and Article 2(2) Framework Decision 2004/757/JHA contain opening clauses, whose precise meaning will have to be determined by the Court of Justice. In a contribution to the…

Regularisation of Illegal Stay in Germany: ‘Opportunity’ Residence Permit Bill

Germany has about eight different regularisation channels already. The governing coalition plans to extend them further. They have presented Bill on what they call an ‘opportunity residence permit’, which gives everyone who has been residing in the country for five years the prospect of regularisation if they fulfil several conditions during a one-year waiting period. In a podcast with the Frankfurter Allgemeine Zeitung, Daniel Thym discusses the new proposal (in German, starting at 6’30…

Project for a German Points‘ System

Demographic change suddenly became tangible when airports and restaurants across Germany had to reduce services in response to a lack of workers. Labor shortages reinforced the call for legislative amendments, in addition to the reform of the Blue Card Directive agreed upon in Brussels earlier this year. In a guest essay to the Frankfurter Allgemeine Zeitung (in German), Daniel Thym explains where the project of a points’ system could add value. There is room for liberalisation not so much with…

Vortrag: Das Ende von Dublin

Gemeinsam mit der Refugee Law Clinic hat das Forschungszentrum Ausländer- und Asylrecht an der Universität Konstanz für einen Gastvortrag Dr. Constantin Hruschka zum Thema „Das Ende von Dublin? Aktuelle Reformvorschläge und Entwicklungen bei der Verteilung von Schutzssuchenden in Europa“ gewinnen können, der beim Max Planck Institut für Sozialrecht und Sozialpolitik in München tätig und ist vielfältig zum deutschen und europäischen Asylrecht publizierte.

Advisory Council on Highly Skilled Migration

Adoption of the Researchers Directive 2005/71/EC was an important step towards the termination of the 'zero immigration' policies, which the Member States had pursued from the 1970s onwards. Research institutions may sponsor the entry and stay of third country nationals to be admitted for work purposes. In Germany, the Federal Office for Migration and Refugees (BAMF) was given the task of accrediting research institutions. An Advisory Council under the chairmanship of Daniel Thym supports the…

Special Issue ‘Points System’ for Highly Skilled Labour Migration (in German)

German politics have discussed the introduction of a ‘points system’ following the Canadian model for years. In its coalition agreement, the new German government promised to deliver by establishing an ‘opportunity card on the basis of a points system to allow qualified workers from third states to enter the German labour market for purposes of jobseeking’. Realising that venture remains challenging, since the new entry channel will have to complement pre-existing domestic reform steps and the…