HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

The Migration Pact is a comprehensive legislative package that introduces changes not only to the common asylum system 3 but also to the system regulating third country immigrant workers, which is governed by the Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (hereinafter referred to as “Single Permit Directive II”). The Single Permit Directive II has revised the previous directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State, (hereinafter referred to as “Single Permit Directive I”). While the changes to the asylum system are largely driven by the influx of asylum seekers, the reforms affecting immigrant workers seem to be motivated by different factors. In this article, I will examine the specific changes the Single Permit Directive II has introduced to the workers’ rights and I will explore the rationale behind certain measures, assess whether these changes have expanded or reduced the rights of immigrant workers, evaluate the potential for the Single Permit system to become more effective, and analyse the current situation in Czech national legislation to identify areas that may need adjustment. 1. Overview of the Single Permit Directive I The Single Permit Directive I had multiple goals, when being adopted by the EU. There was openly expressed that with the absence of horizontal Union legislation, and with a view to narrow the gap between citizens of the EU and third country nationals working in the EU, a set of rights must be laid down. 4 The goals of this legislation are not only to make a better, more efficient common system across the EU, but also to protect the rights of these workers and to encourage workers to come and work in the EU. One of the original goals was to provide fair treatment of third-country nationals, who are legally residing in the EU, as was expressed in the preamble. 5 The Single Permit Directive I mandates that the member states implement a single application procedure, as written in chapter II, and grants right to equal treatment in some areas under chapter III. These areas include working conditions, freedom of association in organizations representing workers, education, recognition 3 Regulation (EU) 2024/1348, Regulation (EU) 2024/1350, Regulation EU 2024/1351, Regulation (EU) 2024/1352, Regulation (EU) 2024/1356, Regulation (EU) 2024/1359, Commission Recommendation (EU) 2020/1364, Commission Recommendation (EU) 2020/1365, Commission Recommendation (EU) 2020/1366. 4 Recital 19, 2011/98/EU. 5 Recital 2, 2011/98/EU.

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