LEGAL MECHANISMS FOR MANAGING THE PHENOMENON OF MIGRATION AT THE INTERNATIONAL AND EUROPEAN LEVEL
Autor (i): Mihalcea, Ion, Mihalcea, Alecsandru-Darian
JEL: K33,K36
Cuvinte cheie: migration, freedom of movement, repatriation, European citizen, non- European citizens
Abstract:
Migration is one of the forms of human mobility that has manifested itself in all stages of the history of human society, including contemporary society, and has embraced different forms and dimensions from one historical stage to the next. In general, migration has generated positive effects for the progress of mankind, favoring the transfer of ideas and other spiritual values, satisfying the need for diversity of societies and economies, but it has often been perceived negatively because taking advantage of these people's movements have penetrated into space destination of migrants certain serious phenomena such as cross-border crime and terrorism. The United Nations is addressing the phenomenon of migration as being the expression of freedom of movement enshrined in art. 13 of the Universal Declaration of Human Rights of December 10, 1948, in which the freedom of movement is structured on two components: freedom of movement on the territory of the country - art.13 (1) b) the right to leave any country and to return to its country Article 13 (2). Within the UN there are several institutions with tasks in managing the migration issue such as: Human Rights Council - HRC; United Nations Refugee Agency - UNRA; International Organization forMigration - IOM; United Nations Office for the Coordination of Humanitarian Assistance - OCHA. With the contribution of these institutions, reference documents were adopted to identify the solutions and measures required for each category of migrants. Also, at the EU level, there is a well-defined policy on migration, with distinctive elements for the migration of European citizens and their families towards the migration policy of non-European citizens. The volume, concentration and serious events that have followed migration have recently highlighted the vulnerabilities of systems designed to manage this phenomenon at European and international level. These consequences are the subject of the work agenda of the international and European institutions, from which they expect effective measures to find a fair measure between the benefits of migration and the possible vulnerabilities it generates.