Verwaltungsverfahren 2. Antragstellung a. Amtswegigkeit b. Allgemeine Erteilungsvoraussetzungen und Versagungsgründe c. Verfahrensende d. Verfestigung des Aufenthalts 3. Abgrenzungsfragen 4. Kompetenzen und Behörden in Bezug auf das Fremdenrecht Aufenthaltsrecht b. "Aufenthaltserlaubnis zur Strafverfolgung" -Deutschland 2. Erteilungsvoraussetzungen a. Aufenthaltsrecht b. "Befristete Aufenthaltsberechtigung aus humanitären Gründen" für Opfer von Straftaten -Spanien 3. Erteilungsvoraussetzungen a.

A key challenge in migration governance at the EU level has been that of ‘combatting’ irregular immigration. Perhaps one of the most pressing structural problems regarding the EU’s return policy is the enforcement deficit in returning irregularly staying migrants. Even though Member States must issue a return decision according to the Return Directive, only 40% of such decisions are enforced. Despite all of the political and legal efforts made, the EU is not making any significant progress in enforcing the rules laid down in the Return Directive. This contribution explores a different legal approach that is already used rather extensively in national legislation of EU Member States, which targets irregular residence through a differentiated system of granting residence permits, that is, regularizations. Hence, this paper argues for an EU Regularization Directive, which could contribute to a reduction in the number of irregularly staying migrants. Through such a Directive, which would complement the existing EU return policy, a more effective ‘combatting’ of irregular immigration at the EU level could be achieved.

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‘Combatting’ irregular migration is one of the key challenges to migration management at EU level. The present book addresses one of the most pressing structural problems regarding the EU’s return policy: the low return rate of irregularly staying migrants. In this regard the EU Return Directive obliges Member States to issue a return decision, yet only 40% of such decisions are enforced annually. Moreover, despite the political and legal efforts, the EU is not making any significant progress in enforcing the rules it has laid down in the Return Directive. The legislation of EU Member States may, however, serve as a source for possible solutions to ‘combat’ the problem of irregularly staying migrants. It is for this reason that the book compares the system of regularisations in Austria, Germany and Spain. Regularisations constitute an effective alternative to returns because they terminate the irregular residence of migrants, not through deportation, but rather by granting a right of residence. Regularisation is therefore understood as each legal decision that awards legal residency to irregularly staying migrants. As is shown by the examination and comparison of regularisations in Austria, Germany and Spain, differentiated systems of regularisation exist at national level. However, EU regularisations supplementing the present return policy would be more effective at ‘combatting’ irregular migration at EU level.