Droit communautaire et travailleurs migrants des états du Maghreb

Abstract : The maghrebean population living today in Europe of fifteen was estimated at the beginning of 1993 to attain 2.076.000. The proportion of the wage-earners within this population represents 686.800. Nevertheless, the regulation related to these latter is the subject of the bilateral agreements concluded between the emigrating countries (Algeria, morocco and Tunisia) and the principal host country of the community (France, Germany, the Netherlands, and Belgium). Independently from this bilateral agreements, and from the migratory policies of the member states, the question which rises is to know whether some communal laws govern as such the juridical situation of the maghrebean emigrant workers. Even though this question seems to be exclusively the competence of the states, it cannot, however, elude the communal law. Through a conventional channel, the community tackles, indeed, the status of the maghrebean labour. Likewise, and through unilateral way, the community elaborates precious juridical norms relating to the emigrating workers, nationals of the third states in general. The detailed analysis of various juridical instruments in this domain: intergovernmental co-operation, treaty, derived law, jurisprudence and external agreements, demonstrates here that the communal law does not have in view the access of the maghrebean emigrant workers to the labour market. On the other hand, the communal law cannot ignore the presence of a maghrebean immigrant community which already live and work in the community states. In the same way, it cannot impede the carrying out of the community objectives only because some workers do not have the nationality of a member state. If the communal law restricts the access of the maghrebean migrant workers to the labour market, it also affects their juridical situation. The research analyses the contents of the communal intervention and its methods in the national migratory policies domain.
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Theses
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http://docnum.univ-lorraine.fr/prive/BUD_T_1997_0022_EL_GUEDDARI.pdf
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Submitted on : Tuesday, April 24, 2018 - 4:09:30 PM
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  • HAL Id : tel-01777014, version 1

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Abdelmounaim El Gueddari. Droit communautaire et travailleurs migrants des états du Maghreb. Droit. Université Nancy 2, 1997. Français. ⟨NNT : 1997NAN20022⟩. ⟨tel-01777014⟩

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