Migraciona politika EU

Migracije na tlu Evrope konstanta su tema koja pobuđuje veliku pažnju šire javnosti. Pored masovnosti, odlikuje ih niz osobenosti usljed kojih su migracioni procesi postali značajno područje saradnje država članica EU. Migraciona politika EU najšire moguće može se posmatrati u dva kolosjeka. Prvi, reprezentuje regulativu koja se odnosi na države članice i građane EU i uklanjanje prepreka za njihovo nesmetano kretanje. Drugi kolosjek se odnosi na lica koja nisu državljani država članica  EU i bitno je drugačiji u odnosu na prvo pomenutu regulativu.

Hronološki, aspekti migracione politike EU prisutni od osnivanja Evropske Zajednice.  Ugovorom iz Rima (1957. godine) predviđeno je ukidanje diskriminacije po osnovu državljanstva između radnika različitih država članica, i to u pogledu zapošljavanja, zarada i ostalih uslova rada (čl. 48, stav 2, Ugovor o osnivanju EZ), dok je oblast zapošljavanja u javnoj upravi izuzeta iz ove odredbe. (čl. 48, stav, Ugovor  osnivanju EZ). Jedinstvenim evropskim aktom (iz 1986. godine) zahtijevano je realizovanje slobodnih kretanja robe, usluga, kapitala i ljudi do 1.januara 1993. godine u kontekstu fleksibilizacije tržišta rada i uspješnog funkcionisanja evropske monetarne unije. Ugovorom iz Mastrihta (1992. godina) uveden je princip državljanstva Unije. Pomenuti princip je modifikovan ugovorom iz Amsterdama, 1997. godine, tako da on može da dopuni, a ne da zamijeni nacionalno državljanstvo. Poveljom o osnovnim pravima u EU (2000. godine) potvrđeno je da “svako (ne samo radnici) ko ima prebivalište i ko se legalno kreće na teritoriji Evropske unije, ima pravo na naknade u sistemu socijalne sigurnosti i socijalne prednosti u skladu sa zakonom Unije i nacionalnim zakonima i praksama” (II-34, Charter of Fundamental Rights), a Ugovorom iz Nice (iz 2001. godine) da svaki građanin Unije ima pravo na slobodno kretanje i boravište na teritoriji država članica, shodno ograničenjima i uslovima iz Ugovora i mjerama u svrhu njegove implementacije (čl. 3, Treaty of  Nice). U ugovoru iz Lisabona (2007. godine) navodi se da “Unija nudi svojim građanima oblast slobode, bezbijednosti i pravde, bez unutrašnjih granica u kojoj je obezbijeđeno slobodno kretanje ljudi” (čl. 4, Treaty of Lisabon).  Takođe, u dijelu o nediskriminaciji se navodi da “građani Unije imaju pravo na slobodu kretanja i prebivališta na teritoriji država članica” (čl.34, Treaty of  Lisabon).

Prije potpisivanja Ugovora iz Mastrihta, i faktički nezavisno od Zajednice, države članice dogovorile su se u vezi sa dva sporazuma. Prvi je Šengenski sporazum – potpisale su ga sve države koje su osnovale EEZ, izuzev Italije, 1985. godine. Pet godina kasnije, on je dopunjen Šengenskim sporazumom o primeni, a 1993. godine stupio je na snagu (Miler–Graf, Kainer, 2003). Do tada su ga ratifikovale sve države članice, izuzev Danske, Irske i Ujedinjenog Kraljevstva. Njegov osnovni cilj bilo je usklađivanje kontrole spoljašnjih granica i procedura u slučajevima traženja azila, kao i ukidanje unutrašnjih granica između država članica (Hantrais, 2007). Usvajanjem Ugovora iz Amsterdama, odredbe Šengenskog sporazuma postale su deo evropskog zakonodavstva (Miler–Graf, Kainer, 2003). Drugi, Dablinsku konvenciju o pravu na azil, potpisale su 1990. godine sve države članice, a jedan od njenih ciljeva bilo je da se spreči da tražioci azila podnesu azilni zahtev u više od jedne države članice. Dablinsku konvenciju zamenio je Dablinski propis (tzv. Dablin II) iz 2003. godine, kojim su zadržani, ali su pojašnjeni kriterijumi za ostvarivanje prava na azil, da bi 2013. godine bio potpisan revidirani Dablinski propis (tzv. Dablin III), u svrhu dodatnog pojašnjavanja hijerarhije kriterijuma kada je u pitanju odlučivanje o azilnom zahtevu, kao i što je ustanovljen mehanizam za upozoravanje na potencijalne probleme u sistemima azila u državama članicama. Dablinskom regulativom ustanovljava se da je prioritetni kriterijum za utvrđivanje odgovornosti jedinstvo porodice i sigurnost dece bez pratnje.

Imajući u vidu reperkusije migracione krize, u narednom vremenskom periodu migraciona politika EU nalazi se pred ozbiljnim ispitom u pogledu daljeg tretiranja spoljašnjih migracija.

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