The Balance Between National Sovereignty and Economic Migration: Are Quota Systems Discriminatory and Do Foreigners Have a Right to Work Permits?

Abstract

This article examines delves into the intricate regulatory framework of residence permits for non-European Union nationals, with a specific focus on quota systems of employment-based permits. Anchored in Article 79 of the Treaty on the Functioning of the European Union (TFEU), the research navigates the complex legal landscape that governs immigration policies. The study aims to critically analyse the extent of sovereign discretion exercised by Member States in issuing residence permits, with particular attention to potential discriminatory practices based on applicants’ national origins. Utilising the Czech Republic as a strategic case study, the research explores the nuanced variations in labour migration regulations across the European Union. The investigation seeks to unpack the significant divergences in national admission policies and permit allocation strategies, illuminating the multifaceted challenges inherent in managing cross-border migration. By examining legislative provisions and judicial interpretations, the article offers a comprehensive scholarly critique of contemporary immigration frameworks.