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EES and Irregular Labour workers in Portugal – a way towards the securitisation of human dignity?

European Politics
Migration
Security
Constructivism
Technology
Big Data
Emellin De Oliveira
NOVA School of Law
Emellin De Oliveira
NOVA School of Law

Abstract

As part of the so-called "Smart Borders Package", the European Commission presented in 2016 a proposal for a Regulation to create the "Entry-Exit System" (EES), which would consist of an automated IT system for the registration of third-country travellers, both short-stay visa holders and visa-free travellers, each time they cross an EU external border. Regulation (EU) 2017/2226 of the European Parliament and of the Council was adopted on 30 November 2017 aims to replace the current manual system of passport stamps by more quickly detaining and identifying so-called "overstayers". In turn, Portugal has an Immigration Law that, after the 2017 amendment, provides as a right the regularisation of the migratory status through the exercise of professional activity. Under this ordinary regularisation regime, the irregular stay is overlooked, and legal entry can be presumed when the irregular immigrant has been registered as a taxpayer (without any debts) before social security for at least 12 months. In this sense, the adequacy of the regularisation regime by way of labour instituted in Portugal in relation to the European policy of fight against illegal immigration will be legally analysed in order to verify if the compliance is possible through the valorisation of the principle of human dignity (labour dignity); or, if the securitisation processes of irregular immigration will lead to the limitation of the right to regularisation foreseen in the Portuguese legal system.