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Mobility and Legal Migration of Third Country Nationals within EU - Myth or Reality?

Simona Sobotovicova

By 2060 there will be only 2 persons aged 15-64 for every person over 65, compared to 4 today. The EU legislation is facing new challenges in migration phenomenon. The current EU policies shifted the migration from classical working class immigration, to the so-called "brain drain immigration", since now younger and highly educated people tend to migrate more in other countries to pursue their professional career. Due to lack of common legal EU migration policy, the legal migrants must deal with many requirements once they decide to enter and/or work in EU territory. The free movement is "free" only for travellers, for a short time in Schengen Area. The EU mobility policy depends on each Member States´ legal framework. So, which kind of migration policy offers the EU to attract the third country nationals to establish the European market as their work destination? There is no more sense to deal with legal migration flows at national level, as Europe is part of a globalized and interconnected world where international mobility is expected to increase. The EU legal migration represents very selective and "categories" policy based mainly on the following 3 questions: Who you are? What you can offer to us? Why you want to live and work in EU? This paper pretends to discuss the current legal migration policy in EU, pointing out how challenging is for third country nationals' ¨brains¨ to comply with their (non)existent movement rights in EU.

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