March 15, 2023

Law, Justice, and Citizenship in the Twenty First Century

Jónatas E. M. Machado

The present thesis seeks to investigate the reasons that determine the existence of gaps in the protection of migrants, in particular with regard to those who demand Europe for economic reasons, based on the study and analysis of the historical, political and legal frameworks that inform management and control practices for migratory flows to the European Union.

Begins with an objective analysis of European Union law in the field of migration - from its origin to the current "legal model" for the management of so-called illegal or clandestine migratory flows, to highlight the will that guides its interlocutors, as well as their effects. It measures the extent to which such a model is rooted in a set of antagonistic responses, mainly measured by the constant perception of poorly resolved cases, mutual accusations of lack of solidarity and a systematic violation of human dignity, contrary to the values and structuring principles of European Union itself.

Analyzing the Portuguese model of formal regulation of access to the territory, comparing it to the regime or regimes for the regularization of immigrants, it seeks to outline a set of possible responses to the gaps that shape the control of the entry and management of migration, either through the enunciation of principles and recommendations, as well as the survey of best practices detected in the course of the investigation.

Keywords: Economic migration flows; Regulation of labour migration in the European Union; Portuguese legal regime for entering the territory; admission vs. regularization