The revised Single Permit Directive: protecting migrant workers from abusive employers or maintaining the status quo?
On 21 December 2023, a political agreement was reached between the Council and the European Parliament on the text of the revised Single Permit Directive. This development is a key piece of the puzzle that aims at reforming the management of legal migration in the European Union (EU), as set out in the 2020 Pact on Migration and Asylum.
The EU Single Permit Directive 2011/98 provides for minimum rules with a view to facilitating a single application procedure for obtaining a (combined) single permit for the purpose of work and stay in the EU (Article 1(a)), and does not – unlike other EU labour migration legal instruments (e.g. Blue Card Directive, Seasonal WorkersDirective, and Directive on Intra-corporate Transferees) – stipulate the conditions of entry. A second objective of the Directive is to provide for a common set of rights to ensure equal treatment of third-country national workers with EU citizens (Article 1(b)), subject to certain restrictions, in relation to working conditions, freedom of association, training and education, recognition of diplomas and professional qualifications, and social security and tax benefits (Article 12).
The implementation of the Single Permit Directive has been marked by the significant leeway that has been afforded to Member States. The resulting lack of harmonisation has, in turn, had a significant impact on the third-country workers who, by virtue of their status as single permit holders, have experienced uncertainty and extended periods of legal limbo with a heightened risk of falling into irregularity (see De Lange and Falkenhain). Our research into the lived experiences of single permit holders in Belgium and other EU countries has revealed that the use of the single permit by EU countries as a means of granting access to the EU labour market has ultimately increased the precarity of third-country workers, regardless of skill level. Indeed, the European Commission’s evaluation and impact assessment of the original Directive laments the failure to achieve its objectives. The recast of the Single Permit Directive was announced in the 2022 European Commission Skills and Talent Package with a view to attracting third-country nationals with the skills and professional experience to address labour market needs, tackling irregular migration by developing legal pathways and better protecting third-country national workers from labour exploitation.
The following post provides an initial appraisal of the new rules and addresses the question: to what extent does the revised Single Permit Directive contribute to the EU’s toolbox to protect and safeguard migrant works from abusive employers or simply maintain the status quo?