Policing and prosecution of migration crime: the Daedalus puzzle of European immigration policies: law in books and law in action in a corner of the EU

Author(s):  
Maria João Guia
1998 ◽  
Vol 32 (2) ◽  
pp. 423-450 ◽  
Author(s):  
Laura Huntoon

This article examines the difficulties of establishing a joint policy regarding the free movement of people within the European Union by focusing on changing immigration policies in one member — Spain. Previous studies have shown that negotiations toward harmonizing national policies on border control and immigration among EU members have many sticking points. By comparing Spain, a country of recent immigration, to Germany, a country with a longer history of non-European immigration, the difficulties of harmonizing immigration policies to satisfy this varied constituency become clearer. Administrative control of entry, estimates of legal and illegal immigrants present, and the current state of bilateral relations with Morocco are examined to illustrate the political difficulties of a unified immigration policy within Spanish society and for the EU. Spain is a threshold to the EU as well as a destination. Conclusions suggest that control of borders, although difficult, may be the easier part of implementing a joint immigration policy. Control of settlement is more difficult and problematic, involving the role of immigrants in European society. Moreover, high rates of native unemployment may coexist with immigration, given local demand for low-skilled, low-paid workers.


2017 ◽  
pp. 82-107
Author(s):  
Michał Skorzycki

The article comprises the overview of the essential legal, administrative and financial means that the EU has at its disposal in case of rapid influx of immigrants, as well as a selection of major obstacles to the use of these tools, based on observation of the activities of the EU and its member states taken up to deal with the aforementioned situation which took place in 2015. Using the abovementioned observation and an analysis of relevant documents, it is argued that the refugee crisis of 2015 has revealed the necessity of a profound institutionalisation of the European immigration policy as the most effective way to overcome difficulties in response to such situations. The analysis leads also to the conclusion that the EU is caught in a dilemma of either suspending the Dublin system in crisis situations or creating a new system of intensive support for border member states.


Author(s):  
Natascha Zaun ◽  
Christof Roos

EU immigration policies have incrementally evolved from a purely intergovernmental to a deeply integrated EU policy area. In practice, EU immigration policies and EU secondary legislation still leave significant discretion to the Member States, as witnessed by key developments in the various subfields of immigration policies—including policies on border protection, return and irregular migration, as well as labor migration and family migration policies. The key academic debates on EU immigration policies have mainly focused on explaining the decision-making processes behind the adoption of EU policies as well as their impact on national policies. While scholars find that these EU policies have led to liberalizations in the areas of family migration or labor migration, the irregular migration and border policies of the EU have gradually produced more restrictive outcomes. Policy liberalizations are usually based on the impact of EU institutions, which tend to have more liberal positions than Member States. Lowest common denominator output at the EU level, such as on the Blue Card Directive, is usually due to a resistance of individual Member States. With deeper integration of the policy area over time and qualified majority voting, however, resistant minorities have been increasingly outvoted. The stronger politicization of some areas of immigration, such as family migration, has also led the European Commission to curb its legislative proposals, as it would be much harder to adopt a piece of legislation today (2019) that provides adequate protection standards.


Author(s):  
Marc Helbling

This chapter presents insights into the migration governance of host countries and its effects on immigration flows by drawing on the Immigration Policies in Comparison (IMPIC) dataset. The IMPIC dataset allows to fill a big gap in the literature and to take a closer look at how migration policies have developed over the last decades. The author argues that the immigration policies of OECD countries vary in terms of how liberal or restrictive they are. Between 1980 and 2010 immigration policies on family reunion, labor migration, and asylum have become more liberal. However, the control of these policies has become more restrictive, especially in the EU. Policies are more effective for migrant flows from countries with the same colonial heritage. The author analyzes migration flows in general and argues that while it is not yet possible to study environmental migration separately, it should follow the same pattern.


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