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Ongoing work on the EU’s common Asylum and Immigration Policy

Hunter, Lynne
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 41019 bytes; 357 bytes; application/pdf; application/octet-stream
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Not available; Paper presented to conference entitled The Challenges of Immigration and Integration in the European Union and Australia, 18-20 February 2003, University of Sydney; no

Future immigration policy development in Australia and New Zealand

Hugo, G.
Fonte: Population Association of New Zealand Publicador: Population Association of New Zealand
Tipo: Artigo de Revista Científica
Publicado em //2004 Português
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Australia and New Zealand have had shared values with respect to international migration and enjoyed a special bilateral international migration relationship for a long period although it has become more restrictive in the last few years. This paper examines developments in the relationship over the last few years together with some impacts. It speculates about some possible future scenarios of competition and collaboration between the two countries in the immigration area in the context of a rapidly changing global economic, political and security situation. One scenario given particular attention is that of greater harmonization of policy and joint co-operative efforts in recognition of Australia and New Zealand in many respects constituting a single labour market and having many similar immigration goals. Such groupings of nations are emerging over the world, albeit slowly and with difficulty. There is a trend toward development of free trade areas (NAFTA), common labour markets (EU) and groups of countries with special migration arrangements. It may be that national goals of both New Zealand and Australia may be best met through a co-operative rather than the competitive model.; Graeme Hugo; © Population Association of New Zealand

The Extra-Territorialisation of EU Migration Policies and the Rule of Law

RIJPMA, Jorrit J.; CREMONA, Marise
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: 346016 bytes; application/pdf; digital
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This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have been put to use in order to project EU migration policies beyond the EU legal order, or more precisely to locate the physical control of migration outside EU territory. It categorises different types of extra-territorialisation, ranging from autonomous action by the Community, including Community action which requires third country cooperation, to action by way of international agreements and cases where third countries undertake to align their domestic law with the Community acquis. Starting from the prominence accorded to the rule of law in the EU’s external policy, this paper examines an external dimension of the rule of law which goes beyond the desire to promote this value outside EU territory, and its application to the external dimension of the EU’s migration policy. It highlights challenges for the rule of law posed by the increasing phenomenon of extraterritorialisation in EU migration policy. Practical examples taken from the EU’s visa policy and operational cooperation in the field of external border control serve to support the argument that if the EU is to continue the use of extra-territorialisation as an instrument of its migration policy it must address seriously the issue of ensuring a concomitant extra-territorialisation of the rule of law...

Denizenship and the Deterritorialization in the EU

WALKER, Neil
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The category of the denizen is becoming increasingly important in the identity politics of the EU. EU law and policy over a number of years has encouraged the development of a new hybrid status of the permanent resident who possesses many legal and social rights but lacks full political citizenship. Thinkers and politicians differ over the implications of this development, some seeing it as a temporary status on the way to full citizenship, others seeing it as a permanent sub-citizenship status, and others still seeing it as a way of moving beyond the citizenship/non-citizenship dichotomy in understanding the relationship between individuals and political communities. The paper explores this third alternative at some length, and concludes that the figure of the denizen may indeed be an appropriate archetype for imagining political community at the supranational level.

Improving the EU Immigration System: Reflections in the Light of the Return Directive

OLMOS GIUPPONI, Maria Belen
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This paper focuses on the current state of EU immigration legislation and aims to provide a critical analysis and suggestions for improvement in the future. Over the past ten years, EU Summits have emphasized the need for the adoption of new legislative measures in order to converge to a true European common policy on immigration. Nowadays, the mainstream debate on immigration in Europe focuses on several different topics. On the one hand, there is the need to secure the borders and control undocumented immigration, while on the other hand there is the question of the protection of migrants’ human rights and the improvement of the EU immigration system. There is also a third element, which concerns the EU relations with the immigrants’ countries of origin. I intend to examine the new return Directive in the light of EU law and of international human rights law. This Directive sets out the rules and principles to be applied by Member States in cases of illegal immigration, and the measures to be taken by the EU Members. The Directive covers different areas and it applies to third country nationals who do not fulfil, or no longer fulfil, conditions of entry in accordance with EU legislation. In addition, the paper will discuss whether it is possible for the EU to adopt a policy to contribute to the local development of the countries of origin. Within this framework...

Immigration and the Transnational European Centre-Right: A Common Programmatic Response?

DUNCAN, Fraser; VAN HECKE, Steven
Fonte: Routledge Journals, Taylor & Francis Ltd Publicador: Routledge Journals, Taylor & Francis Ltd
Tipo: Artigo de Revista Científica
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As aspects of immigration policy are brought into the competence of the EU, the role of transnational parties in co-ordinating policy choices across national boundaries grows in importance. Yet immigration is often seen as a cross-cutting issue and transnational parties have limited capacity to enforce programmatic uniformity across national member parties. We explore both of these issues by mapping the stances of transnational and national party manifestos on immigration policy at EP elections. We argue that ideology does structure party positions on immigration but that separating immigration control from migrant integration is essential to understanding partisan differences. While Christian Democrat and Conservative parties do not differ significantly from their Socialist equivalents on control issues, Liberal parties are less restrictionist. On integration, both Christian Democrats/Conservatives and Liberals are less multicultural than Socialist and Green parties.

Regulation that Defies Gravity - Policy, Economics and Law of Legal Immigration in Europe

KOCHAROV, Anna
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica Formato: application/pdf; digital
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This article offers an assessment of EU directives in the field of legal immigration in the light of the Union’s own claims of economic rationale behind its immigration policy. While stopping short of economic analysis of law, the work pinpoints the areas of EU immigration law of relevance to economists in future immigration research in the European context, and to policy makers when enacting immigration laws. It is argued that, contrary to the political discourse, EU immigration law is inconsistent with the objectives of EU immigration policy and fails to take into account economic rationales for migration.

European immigration : a sourcebook. Second edition

Fonte: Ashgate Publicador: Ashgate
Tipo: Livro Formato: application/pdf; digital
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The Second Edition of “European Immigration: A Sourcebook” provides a comprehensive overview of the trends and developments in migration in all 28 EU countries and the attempt to form a common EU migration policy. With chapters following a common structure to facilitate direct international comparisons, it not only examines the internal affairs of each member state, but also explores both migratory trends within the EU itself and the implications for European immigration of wider global events, including the Arab Spring and the world financial crisis.; -- Introduction, Anna Triandafyllidou, Ruby Gropas and Dita Vogel; -- Austria, Albert Kraler and Alexandra König; -- Belgium, Dirk Jacobs; Bulgaria, Eugenia Markova and Zvezda Vankova; -- Croatia, Vedrana Baricevic and Senada Šelo Šabic; -- Cyprus, Nicos Trimikliniotis and Corina Demetriou; -- Czech Republic, Jan Cerník; -- Denmark, Emily Cochran Bech and Lasse Lindekilde; -- Estonia, Mikko Lagerspetz; -- Finland, Silvain Sagne and Sanna Saksela-Bergholm; -- France, Catherine Wihtol de Wenden; -- Germany, Dita Vogel and Vesela Kovacheva; -- Greece, Anna Triandafyllidou and Ruby Gropas; -- Hungary, Judit Tóth and Endre Sik; -- Ireland, Camilla Devitt; -- Italy, Maurizio Ambrosini; -- Latvia...

EU migration law : legal complexities and political rationales

Fonte: OUP Publicador: OUP
Tipo: Livro
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Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.; -- 1. Introduction, Loïc Azoulai and Karin de Vries -- 2. The Lisbon Treaty and the Future of European Immigration and Asylum Law...

Common EU policies on authorised immigration : past, present and future

MAVRODI, Georgia
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; application/pdf; digital
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Since the early 1990s, one metaphor has dominated the debates on the construction of a common EU immigration policy: ‘Fortress Europe’. The gradual adoption of a set of common rules on the entry, residence and rights of non-EU nationals was depicted as the building of a wall along the external borders of the EU to keep non-EU nationals away coupled with internal, legal boundaries within the welfare systems of EU member states.

Tradable refugee-admission quotas : a policy proposal to reform the EU asylum policy

RAPOPORT, Hillel; FERNÁNDEZ-HUERTAS MORAGA, Jesus
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
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The current EU Asylum policy is widely seen as ineffective and unfair. We propose an EU-wide market for tradable quotas on both refugees and asylum-seekers coupled with a matching mechanism linking countries' and migrants' preferences. We show that the proposed system can go a long way towards addressing the shortcomings of the existing system. We illustrate this claim using the recent problems regarding relocation faced by the European Relocation from Malta (EUREMA) program.

The Europeanisation of national immigration policies? : liberalising effects of EU membership in a new immigration country

MAVRODI, Georgia
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
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Defense date: 28/05/2010; Examining Board: Andrew Geddes (University of Sheffield), Donatella Della Porta (EUI) (Supervisor), Virginie Guiraudon (CNRS) (Co-supervisor), Anna Triandafyllidou (Democritus University of Thrace); This study examines the impact of European integration in immigration issues on Greek immigration policy. Contrary to widely held claims that immigration policies in Europe become more and more restrictive - the well-known debate on 'Fortress Europe' - Greek legislation on entry, residence and rights of third-country nationals has undergone gradual liberalising developments. This paradox drove my inquiry into the factors, institutions and processes that may explain liberalising immigration policy change for a period of fifteen years (1990 - 2005). Greece, similarly to the rest of southern European 'new' immigration countries, is often charged with the implicit or explicit assumption that its recent turn into a host country for immigrants makes her receptive to the restrictive influence of EU policies on immigration. Is that so? What impact, if any, has cooperation on immigration issues at the EU level had on Greek immigration policy developments and why? What form has it taken, under what conditions, and what mechanisms have been at work? In search for answers...

Turkey's Party System and the Paucity of Minority Policy Reform

LIARAS, Evangelos
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
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An earlier version of this paper was presented in Workshop 9: ‘Changing Party Political Constellations and Public Policy Reform in Southern Europe’ at the Tenth Mediterranean Research Meeting, Florence & Montecatini Terme, 25-28 March 2009, organised by the Mediterranean Programme of the Robert Schuman Centre for Advanced Studies at the European University Institute.; The purpose of this paper is to explore the question of small and incremental reform in Turkish minority policies over the last two decades, contrasting with the dramatic economic, social, and political changes that the country has experienced over the same period. The main focus will be on two partly overlapping groups living in Turkey (Alevis and Kurds); comparison with other Southern European countries will be made as background reference. The reason for this focus is analytical: these two groups are structurally different from minorities found in Italy or Greece in that they are both large enough to carry great electoral weight and politically salient enough to affect Turkey's EU accession prospects. Minority policy is an often overlooked realm of public policy, either because it is considered too sensitive or too case-specific, as opposed to fiscal...

The other side 'Fortress Europe': Policy transfers in the EU and the liberalising effects of EU membership on Greek immigrant policy

MAVRODI, Georgia
Fonte: Bielefeld, Centre of Migration, Citizenship & Development Publicador: Bielefeld, Centre of Migration, Citizenship & Development
Tipo: Trabalho em Andamento
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The metaphor of 'Fortress Europe' has been used frequently to denote the restrictive and defensive characteristics of immigration and asylum issues policies in the EU. Wishing to go beyond the prevailing conceptions about the common EU policies, I argue that EU norms on the rights of legally resident third-country nationals can also have pro-immigrant liberalising effects on the policies of the member-states. These effects are most probable in the countries that have recently become immigrant hosts because the EU level of decision-making acted as a transmission belt of the immigration policy concerns, principles and legacies of “older” immigratio countries across time and member-states. Undeniably, the primary focus of common EU norms has been on immigration control. However, the policy concerns and experiences of “older” immigration countries have also resulted in some attention paid to fostering immigrant integration. Away from the spotlights of academic research and public opinion, the Greek participation in the European “Fortress” resulted in the adoption of pro-immigrant policy measures at home that would have been unlikely outside the framework of EU membership. As the Greek case demonstrates, common EU norms may promote the liberalisation of immigrant policies in the EU member states that are “new” immigration countries. These findings invite for a reconsideration of the nature...

A comprehensive labour market approach to EU labour migration policy

MARTIN, Iván; VENTURINI, Alessandra
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf
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Opening up new legal migration channels' to respond to economic needs for labour is one of the four priorities of the European Commission for its upcoming European Agenda on Migration. The EU approach to legal labour migration has, to date, been very fragmented and limited. It has focused, indeed, on specific categories of potential legal migrants: highly-qualified, intra-corporate transferees, seasonal workers or students and non-remunerated trainees and researchers. The approach is clearly not up to the challenges posed by the EU labour market prospects and does not integrate, in a comprehensive way, all third-country nationals accessing European labour markets, including family reunification beneficiaries, asylum-seekers and foreign students. The main challenges related to the development of a EU labour migration vision are the following. How to articulate intra-EU mobility and international migration to the EU labour market? How to make EU- and Member States legal migration systems and competences compatible? How to ensure that employers can tap workers from a sufficient pool of suitably qualified individuals (and that qualifications obtained abroad are recognized)? And how to reduce international labour matching costs? This policy brief aims to provide some ideas to address those challenges over a medium- to long-term perspective...

Reforming the EU blue card as a labour migration policy tool?

KALANTARYAN, Sona; MARTIN, Iván
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf
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One of the four priorities of the European Commission in its preparation for the European Agenda on Migration was to open up 'new legal migration channels, including the revision of the 'Blue Card' Directive'. This comes after only three years of full implementation of this EU immigration policy instrument (and not even that for some Member States). Meanwhile, in its 2014 Communication on the implementation of the Blue Card Directive, the European Commission had decided not to propose any amendment. However, it should not be forgotten that the Blue Card Directive was not designed primarily for the labour market needs of the EU. Rather, it was run to enhance European competitiveness by attracting highly-qualified third-country nationals, and this under quite restrictive conditions of salary and qualifications. As a result there have been only low numbers of beneficiaries to date: 19,000 in 2012 and 2013 for the whole EU. To develop the Blue Card Directive into a true highly-skilled labour-migration management tool able to respond to current and future labour market needs in Europe, would mean changes in scope, conditions and implementation modalities by Member States.; The MPC is co-financed by the European University Institute and the European Union.

The development of the EU asylum policy : venue-shopping in perspective

KAUNERT, Christian; LEONARD, Sarah
Fonte: Routledge Journals, Taylor & Francis Ltd Publicador: Routledge Journals, Taylor & Francis Ltd
Tipo: Artigo de Revista Científica
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The development of the EU asylum and migration policy is often explained as the result of 'venue-shopping', that is, the move by policy-makers to an EU policy venue in order to avoid national constraints. This article demonstrates that, contrary to what would have been expected on the basis of this widespread view, EU co-operation on asylum matters has actually led to a rise in the legal standards applicable to asylum-seekers and refugees. This outcome can be mainly explained by broader changes that have gradually affected the EU 'system of venues' and have thereby decreased the likelihood of more restrictive measures being adopted in the EU asylum policy venue. This has important implications for the EU governance of asylum and migration in general.

Governance of migration in the EU : home affairs or foreign policy?

Fonte: Martinus Nijhoff Publishers Publicador: Martinus Nijhoff Publishers
Tipo: Livro
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This issue is the outcome of a workshop on "Governance of Migration in the EU: Home Affairs or External Policy?" organised at the European University Institute on 19 October 2012.; Article 79 TFEU contains competences of the European Union to regulate immigration as an integral part of the area of freedom, security and justice. Under this purely internal competence, the Union should establish a common immigration policy aimed at the efficient management of migration flows, fair treatment of third-country nationals and fight against illegal immigration. Over the past decade, the Union has adopted a number of directives under this internal competence. Yet, both prior to the introduction of an explicit Union power to regulate immigration and currently in parallel with this power, the Union and Member States implement immigration policy externally via international agreements with third states and more subtle policy tools. The purpose of this workshop is to break with the conventional understanding of immigration as an internal policy of the Union and to look at EU’s immigration policy form the outside, discussing immigration as an external, as opposed to internal, policy of the Union. The contributors test the external component of immigration as a tool in market integration...

Governmental preferences on liberalising economic migration policies at the EU level: Germany’s domestic politics, foreign policy, and labour market

Mayer, Matthias M.
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em /05/2011 Português
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The academic debate about European cooperation on immigration has focused on big treaty negotiations, presented an undifferentiated picture of the subfields of immigration, and has only recently begun to make use of the abundant literature on national immigration policies. As a macrostructure, this study uses a bureaucratic politics framework to understand the preference formation of national governments on liberalising economic migration policies. This allows unpacking the process of preference formation and linking it to a number of causal factors, which, by influencing the cost and benefits distribution of the relevant actors – intra-ministerial actors, employer associations, trade unions, and other sub-state actors – shape the position of the government. The influence of the causal factors is underpinned by different theories derived from the literatures on Europeanisation, immigration policy-making, and foreign policy. Germany is used as a longitudinal case study with four cases within it, as it has undergone a U-turn in a way no other relevant Member State has, from a keen supporter of EU involvement to being highly sceptical with regard to economic migration policies at the EU level. The empirical data is based on 43 open-ended interviews...

Obstacles to free movement for "visible minorities" in the EU: Race discrimination and migration controls.

Johnson, Linda Rose
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em //2001 Português
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Freedom of movement of people, one of the founding pillars of the European Community, has developed beyond the purely economic activity of the Treaty of Rome 1957 but it is still not easily accessible for all people working and residing within it. The right of free movement has been linked to nationality and the problems for ''visible minorities" in the EU have been the subject of much controversy and discussion. The dismantling of internal borders has resulted in strengthening of external borders and a "Fortress Europe " mentality. The governments of the EU have been accused of inciting racial hatred by creating a climate in which race discrimination has thrived. Laws on race discrimination presently differ throughout the EU. Discrimination in employment on grounds of race is effectively an obstacle to free movement for "visible minorities " as the individuals may be discouraged from moving to a country where they will receive little or no protection from race discrimination. As immigration laws are often used as a means of combating racism, immigration law will also be examined EU immigration policy including asylum seekers and refugees, has evolved through semi-secret discussions and has been created in a climate of fear and hostility towards foreigners and visible minorities in particular. It has therefore tended to be prohibitive creating further obstacles to free movement. The Treaty of Amsterdam 1997 enables "appropriate action" to combat discrimination based on racial or ethnic origin and also moved competence on asylum and immigration into the Community law arena. The Commission issued a package of proposals for combating discrimination to the social affairs Council in November 1999 and these will form the basis for further discussions. As the proposals require a unanimous vote...