A/HRC/29/36
35.
In its upcoming “Return Handbook”, due to be adopted in 2015, the Commission
will expressly refer to relevant guidance documents from the Fundamental Right agency
concerning the treatment of irregular migrants who are subject of return procedures. This
handbook will also discuss key access to justice concerns in relation to migrants in
situations of return.28
The draft students and researchers Directive
36.
This draft legislation, proposed by the European Commission on 25 March 2013,
aims to determine the conditions of entry and residence, and the rights, of students and
researchers from non-EU countries to benefit from training and academic opportunities in
the region. It recasts the existing Directives in this area with the main aim of facilitating
admission and stay of these categories of third-country nationals in the EU. It is framed as a
response to shifts in demographics and competition dynamics within the EU. 29 Whilst it is
currently being negotiated by the European Parliament and the Council and is not adopted
yet, the draft Directive recognises the role that non-EU nationals can play in responding to
the demographic and societal shifts being seen in the EU.
The FRA annual conference
37.
On 10-11 November, the European Union Agency for Fundamental Rights (FRA),
together with the Italian Presidency of the Council of the EU, held its annual Fundamental
Rights Conference, which was this year dedicated to the topic of fundamental rights and
migration to the EU.
38.
The event brought together over 300 EU and national decision makers, members of
national parliaments, the judiciary, law enforcement agencies, and experts from
international organisations, as well as national human rights bodies, civil society bodies and
academics involved with migration issues on a daily basis. Speakers included EU
Migration, Home Affairs and Citizenship Commissioner Dimitris Avramopoulos, Speaker
of the Italian Chamber of Deputies Laura Boldrini, Italian Undersecretaries of State Senator
Benedetto della Vedova and Domenico Manzione, MEP and Vice-Chair of the Committee
on Civil Liberties, Justice and Home Affairs, Iliana Iotova, German Minister of State,
Commissioner for Immigration, Refugees and Integration, Aydan Özoguz, FRA Director
Morten Kjaerum, and Swedish Minister for Public Administration at the Ministry of
Finance, Ardalan Shekarabi.
39.
Participants agreed that the EU and its Member States should develop a more
holistic approach to their migration and asylum policy. It was emphasised that fundamental
rights are not just one element of such policies, but on the contrary form the normative
framework in which they must be situated. It was emphasised at many points throughout
the conference that the EU and its Member States need a comprehensive and sustainable
migration policy, and that a new and positive narrative is necessary to counter the current
negative image of migrants and migration that stresses the benefits of migration both to
migrants themselves and to the countries hosting them. This is particularly true at present,
as projected demographic trends in the EU mean that many areas of the economy may face
an increasing shortage of labour in the coming years. Specific and practical measures are
28
29
32
European Commission, 2015, “Reply by DG Migration and Home Affairs to the questions by the
Special Rapporteur on the human rights of migrants”.
European Commission, 2013, “DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL on the conditions of entry and residence of third-country nationals for the purposes of
research, studies, pupil exchange, remunerated and unremunerated training voluntary service and au
pairing”.