Circular or Temporary? Migration Models in the Eu, Italian and German Legislation

Throughout the course of history, the global dynamics of migration have increased. The European Union (EU) and its Member States have found themselves at the centre of migration flows of varying magnitude caused by multiple humanitarian, economic and environmental crises. The proximity of European countries to the world’s hotspots has facilitated these movements. In order to govern migration, European policies have adopted an ideological model of “circular migration”. This article critically examines “circular migration” model in the EU, Italian and German Legislation, using a legal and historical perspective to reveal policy discord. In dissecting “circular migration”, the paper explores its evolving conceptualization rooted in historical antecedents and neoclassical economic theories. Despite historical divergence, contemporary “circular migration” emphasises economic benefits, repetitiveness of the migration cycle and freedom of movement. The analysis delves into challenges in regulatory transposition, revealing a shift from “circular” to de facto “temporary migration”. The findings highlight the gap between the rhetoric of “circular migration” and practical implementation, with temporality dominating policies. Security imperatives challenge theoretical paradigms, leading to a lack of coherence in legislative frameworks.