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EU policies on migration and
         mobility in a global context
            Executive training on migration in the Eastern Neighbourhood, Florence,
                                                                21-23 January 2013




           Agnieszka Weinar
           Migration Policy Centre, European University Institute


www.migrationpolicycentre.eu                                            MPC
Outline
• Main approaches to analysis of migration
  policy
• Migration vs. mobility
• Migration and mobility EU-way
• EU challenges in external cooperation on
  migration



www.migrationpolicycentre.eu             MPC
Main approaches to analysis of
            migration policy



www.migrationpolicycentre.eu   MPC
What is a migration policy?
   Migration policy concerns state’s policies of entry, stay and
   exit of own and foreign population on its territory (e.g. Zolberg
   1999, Brettel and Hollifield 2000)

Migration, immigration, emigration… A purely semantic issue?

-> Myron Weiner, 1987, International Emigration and the Third World.

What does the use of the word “migration” have to say about the balance of
  power and discourse-creation?



www.migrationpolicycentre.eu                               MPC
Types of migration policies
Migration policy regime        Cases (in various periods of history!)
Migrant-exporters              Implicit: e.g. Jordan, India, Poland, China;
                               Explicit: Philippines, Mexico
Refugee-producers              Deliberate or spontaneous: ex-Yugoslavia,
                               Rwanda, Afghanistan, Iraq, Syria
Emigration-restrainers         European states (till late 1700s); USSR, China,
                               North Korea, Cuba
Immigration-promoters          Australia, Canada, New Zealand, but also Gulf
                               States, Russian Federation
Entry-regulators               All states
Out-migration restrainers      Economic policies: EU migration and
                               development (but CAP); US (but Sugar Program);
                               Military intervention: Kosovo, Haiti
    Source: Michael S. Teitelbaum, 2002
www.migrationpolicycentre.eu                                     MPC
Migration policy in the current scholarship
• Main unit of analysis: behaviour of the State (national level), but more
  and more often scholars look at the governance of migration, i.e.
  interactions between international level and the State (especially in the
  case of the EU studies) or local level and the State (specific to integration
  policy studies).
            !!!! THE STATE = LIBERAL WESTERN DEMOCRACY !!!!
• Main areas of policy action under scrutiny:
     –   Border policy
     –   Legal migration policy (including labour migration, but also e.g. students)
     –   Visa policy
     –   Asylum policy
     –   Integration policy
     –   External dimension
• Main debates in political science:
   – Do the States lose control?
   – Why do the States allow for unwanted immigration?

 www.migrationpolicycentre.eu                                         MPC
Do the States lose control?
• The national States can no longer exercise their sovereignty in the times
  of globalization. They are too strongly interconnected and bound by
  international level.
     (e.g. S. Sassen, Losing control? Sovereignty in An Age of Globalization, 1998)

• The States try to avoid domestic constraints (e.g. policy scrutiny by
  courts) and thus move cooperation on migration to an upper level – in
  the case of Europe it is European Union.
     (e.g. S. Lavenex, Shifting Up and Out: the Foreign Policy of European Immigration
        Control, 2006)

• The States do not lose control, they only change the means of this
  control, from traditional repressive visible instruments (as physical
  borders) to more sophisticated, invisible tools (as new technologies
  employed for inland detection or remote control strategies).
     (e.g. S. Mau et al., Liberal States and the Freedom of Movement, 2012)


 www.migrationpolicycentre.eu                                        MPC
Why do the States allow for unwanted
                      immigration?
• Domestic vested interests of different groups (employers, business
  lobby) change State’s preference. Assumption: low skilled migrants
  compete with lower strata of society (less powerful).
  (e.g. G. Freeman, Modes of Immigration Politics in Liberal Democratic
  States, 1995)

• Liberal economy argument or “gap hypothesis” has it that there is an
  implementation gap as regards the restrictive stated objectives and
  policy implementation.
  (e.g. W. Cornelius et al. Controlling immigration, 2004)

• States can no longer freely implement restrictions as they are bound by
  judicial system and the human rights regime.
  (Ch. Joppke, Immigration and the Nation State, 1999)

 www.migrationpolicycentre.eu                              MPC
How does it all translate to the EU experience?
• Migration policy in the EU means immigration policy

• EU consists of various types of migration policy regimes:
  migrant-exporters, ex-emigration restrainers, immigration-
  promoters…

• EU is usually treated as a synonym for Liberal Western
  Democratic regime, but EU-27 is varied. Not all can be
  analyzed according to the prevailing scholarship.



www.migrationpolicycentre.eu                      MPC
MIGRATION
                                  VS
                                MOBILITY


www.migrationpolicycentre.eu               MPC
What is the difference?
• Intuitive: mobility is positive, migration is negative
  (mobility is perpetual, migration is final)
• Applied to different categories of people: e.g.
  students and researchers don’t migrate, they are
  mobile;
• Applied in different policy settings: e.g. intra-regional
  mobility, but inter-regional migration
• Applied to different policies: e.g. visa policy can
  enhance mobility while labour migration policy
  supports migration.

www.migrationpolicycentre.eu                  MPC
Migration and mobility
                     EU-way



www.migrationpolicycentre.eu     MPC
Internal EU mobility
• Freedom of Movement:
    – Economic interest of Implicit migrant-exporter of 1960’s:
      Italy
• From Migrant Workers to EU citizens in less than 30
  years (Maastricht Treaty 1992); coordination of social
  security – 1 May 2010!
• the Directive 2004/38/EC on freedom of movement
  - one of the most often breached EU law
• Non-EU citizens only relatively recently allowed to
  access this right (2004) but EEA + EFTA are in.

www.migrationpolicycentre.eu                       MPC
Mobility and enlargement
• In 1990’s all EU states abolished visa obligation for the citizens
  of the 8 post-communist states. De facto open borders for
  tourists and visitors. Effects?

• Enlargement of 2004: transition period for full access to
  labour markets. Effects?

• More mobility = access to labour markets or visa
  liberalisation?



  www.migrationpolicycentre.eu                        MPC
EU migration vs. mobility in migration policy documents
II. Legal Migration and Mobility           II.3. Integration
II.1. Promoting legal migration channels   II.3.1 Promoting and exchanging
II.2 Economic migration                    information on integration
II.1.1 Satisfying labour market needs      II.3.2 Mainstreaming in other policy areas
II.1.2 Skills recognition                  II.3.3 Involving other stakeholders
II.1.3 Global Approach to Migration and    II.3.4 Promoting values and cohesion
Mobility                                   II.4. Managing Migration and Mobility
II.1.4 Mobility Partnerships and other     II.4.1 Visa Policy
(bilateral) agreements with third          II.4.2 Frontex
countries                                  II.4.3 Schengen Governance
II.1.5 Highly qualified workers            II.4.4 Agreements with third countries
II.1.5 Students and Researchers            II.4.5 Use of modern technology
II.2. Family Reunification                 II.4.6 Training of Border Guards


            COM SWD 3rd Report on Immigration and Asylum, 2011
www.migrationpolicycentre.eu                                     MPC
EU migration vs. mobility in migration policy documents

   “The EU concept of mobility covers two categories of persons:
   people who stay in their countries of destination for up to
   three months as well as so-called short-term migrants. In any
   event, it seems that every person who legally moves to a
   Member State up to 12 month period regardless the purpose
   of the stay is for the EU a mobile person as opposed to a
   migrant who takes up a residence for the period of 12 months
   and beyond.”

S. Mananshvili, 2013.


www.migrationpolicycentre.eu                      MPC
EU migration policy…
… does not really exist.
• Levels of governance:
   – Prerogative of EU Member States
   – EU level (what is EU???)
   – regional level (Regional Consultative Processes:
     transgovernmentalism)
   – international level (UN Lisbon effect)
• Limited topics of exclusive competence

• Similar levels: Canada and the US.


www.migrationpolicycentre.eu                      MPC
EU challenges
                              in
                    external cooperation
                             on
                         migration

www.migrationpolicycentre.eu           MPC
Challenges
• International cooperation on migration is a
  major challenge for sovereign States in
  bilateral relations
• EU as an actor of external policy
    – Objectives, actors, implementation
• Global Approach to Migration and Mobility
    – Outside of the external policy
    – One-sector approach
    – No external tools

www.migrationpolicycentre.eu                MPC
Main challenges in external dimension of the EU
                   migration policy:
    1) the limited ability of the EU to define its migration policy
       with its 27 sovereign States;
    2) tensions between the national and supranational level in
       the EU as regards international cooperation on migration;
    3) the diverging interests and priorities of sending regions
       and/or partner countries;
    4) the limited implementation capacities of the EU and its
       Member States, as well as of partner countries.




www.migrationpolicycentre.eu                         MPC
Conclusions
• Discourse on migration policy has been gradually skewed to limit the
  concept to immigration policy.

• The states usually go through different migration policy regimes in
  different historical periods.

• EU is a collation of various migration policy regimes but unifies them
  under the labels Out-migration-restrainers and entry-regulators.

• EU policies on migration and mobility are not clearly divided. Traditionally
  mobility is seen as a prerogative of EU nationals but analysis of EU
  documents and language proves that the two concepts are more
  intermingled, especially recently, and for a reason: to add a positive tone.

• EU policies on migration and mobility face challenges both internally and
  externally, but the weaknesses are more visible in the external action.

 www.migrationpolicycentre.eu                                MPC
Thank you for attention!

                          www.carim-east.eu
                       agnieszka.weinar@eui.eu



www.migrationpolicycentre.eu                     MPC

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EU policies on migration and mobility in a global context

  • 1. EU policies on migration and mobility in a global context Executive training on migration in the Eastern Neighbourhood, Florence, 21-23 January 2013 Agnieszka Weinar Migration Policy Centre, European University Institute www.migrationpolicycentre.eu MPC
  • 2. Outline • Main approaches to analysis of migration policy • Migration vs. mobility • Migration and mobility EU-way • EU challenges in external cooperation on migration www.migrationpolicycentre.eu MPC
  • 3. Main approaches to analysis of migration policy www.migrationpolicycentre.eu MPC
  • 4. What is a migration policy? Migration policy concerns state’s policies of entry, stay and exit of own and foreign population on its territory (e.g. Zolberg 1999, Brettel and Hollifield 2000) Migration, immigration, emigration… A purely semantic issue? -> Myron Weiner, 1987, International Emigration and the Third World. What does the use of the word “migration” have to say about the balance of power and discourse-creation? www.migrationpolicycentre.eu MPC
  • 5. Types of migration policies Migration policy regime Cases (in various periods of history!) Migrant-exporters Implicit: e.g. Jordan, India, Poland, China; Explicit: Philippines, Mexico Refugee-producers Deliberate or spontaneous: ex-Yugoslavia, Rwanda, Afghanistan, Iraq, Syria Emigration-restrainers European states (till late 1700s); USSR, China, North Korea, Cuba Immigration-promoters Australia, Canada, New Zealand, but also Gulf States, Russian Federation Entry-regulators All states Out-migration restrainers Economic policies: EU migration and development (but CAP); US (but Sugar Program); Military intervention: Kosovo, Haiti Source: Michael S. Teitelbaum, 2002 www.migrationpolicycentre.eu MPC
  • 6. Migration policy in the current scholarship • Main unit of analysis: behaviour of the State (national level), but more and more often scholars look at the governance of migration, i.e. interactions between international level and the State (especially in the case of the EU studies) or local level and the State (specific to integration policy studies). !!!! THE STATE = LIBERAL WESTERN DEMOCRACY !!!! • Main areas of policy action under scrutiny: – Border policy – Legal migration policy (including labour migration, but also e.g. students) – Visa policy – Asylum policy – Integration policy – External dimension • Main debates in political science: – Do the States lose control? – Why do the States allow for unwanted immigration? www.migrationpolicycentre.eu MPC
  • 7. Do the States lose control? • The national States can no longer exercise their sovereignty in the times of globalization. They are too strongly interconnected and bound by international level. (e.g. S. Sassen, Losing control? Sovereignty in An Age of Globalization, 1998) • The States try to avoid domestic constraints (e.g. policy scrutiny by courts) and thus move cooperation on migration to an upper level – in the case of Europe it is European Union. (e.g. S. Lavenex, Shifting Up and Out: the Foreign Policy of European Immigration Control, 2006) • The States do not lose control, they only change the means of this control, from traditional repressive visible instruments (as physical borders) to more sophisticated, invisible tools (as new technologies employed for inland detection or remote control strategies). (e.g. S. Mau et al., Liberal States and the Freedom of Movement, 2012) www.migrationpolicycentre.eu MPC
  • 8. Why do the States allow for unwanted immigration? • Domestic vested interests of different groups (employers, business lobby) change State’s preference. Assumption: low skilled migrants compete with lower strata of society (less powerful). (e.g. G. Freeman, Modes of Immigration Politics in Liberal Democratic States, 1995) • Liberal economy argument or “gap hypothesis” has it that there is an implementation gap as regards the restrictive stated objectives and policy implementation. (e.g. W. Cornelius et al. Controlling immigration, 2004) • States can no longer freely implement restrictions as they are bound by judicial system and the human rights regime. (Ch. Joppke, Immigration and the Nation State, 1999) www.migrationpolicycentre.eu MPC
  • 9. How does it all translate to the EU experience? • Migration policy in the EU means immigration policy • EU consists of various types of migration policy regimes: migrant-exporters, ex-emigration restrainers, immigration- promoters… • EU is usually treated as a synonym for Liberal Western Democratic regime, but EU-27 is varied. Not all can be analyzed according to the prevailing scholarship. www.migrationpolicycentre.eu MPC
  • 10. MIGRATION VS MOBILITY www.migrationpolicycentre.eu MPC
  • 11. What is the difference? • Intuitive: mobility is positive, migration is negative (mobility is perpetual, migration is final) • Applied to different categories of people: e.g. students and researchers don’t migrate, they are mobile; • Applied in different policy settings: e.g. intra-regional mobility, but inter-regional migration • Applied to different policies: e.g. visa policy can enhance mobility while labour migration policy supports migration. www.migrationpolicycentre.eu MPC
  • 12. Migration and mobility EU-way www.migrationpolicycentre.eu MPC
  • 13. Internal EU mobility • Freedom of Movement: – Economic interest of Implicit migrant-exporter of 1960’s: Italy • From Migrant Workers to EU citizens in less than 30 years (Maastricht Treaty 1992); coordination of social security – 1 May 2010! • the Directive 2004/38/EC on freedom of movement - one of the most often breached EU law • Non-EU citizens only relatively recently allowed to access this right (2004) but EEA + EFTA are in. www.migrationpolicycentre.eu MPC
  • 14. Mobility and enlargement • In 1990’s all EU states abolished visa obligation for the citizens of the 8 post-communist states. De facto open borders for tourists and visitors. Effects? • Enlargement of 2004: transition period for full access to labour markets. Effects? • More mobility = access to labour markets or visa liberalisation? www.migrationpolicycentre.eu MPC
  • 15. EU migration vs. mobility in migration policy documents II. Legal Migration and Mobility II.3. Integration II.1. Promoting legal migration channels II.3.1 Promoting and exchanging II.2 Economic migration information on integration II.1.1 Satisfying labour market needs II.3.2 Mainstreaming in other policy areas II.1.2 Skills recognition II.3.3 Involving other stakeholders II.1.3 Global Approach to Migration and II.3.4 Promoting values and cohesion Mobility II.4. Managing Migration and Mobility II.1.4 Mobility Partnerships and other II.4.1 Visa Policy (bilateral) agreements with third II.4.2 Frontex countries II.4.3 Schengen Governance II.1.5 Highly qualified workers II.4.4 Agreements with third countries II.1.5 Students and Researchers II.4.5 Use of modern technology II.2. Family Reunification II.4.6 Training of Border Guards COM SWD 3rd Report on Immigration and Asylum, 2011 www.migrationpolicycentre.eu MPC
  • 16. EU migration vs. mobility in migration policy documents “The EU concept of mobility covers two categories of persons: people who stay in their countries of destination for up to three months as well as so-called short-term migrants. In any event, it seems that every person who legally moves to a Member State up to 12 month period regardless the purpose of the stay is for the EU a mobile person as opposed to a migrant who takes up a residence for the period of 12 months and beyond.” S. Mananshvili, 2013. www.migrationpolicycentre.eu MPC
  • 17. EU migration policy… … does not really exist. • Levels of governance: – Prerogative of EU Member States – EU level (what is EU???) – regional level (Regional Consultative Processes: transgovernmentalism) – international level (UN Lisbon effect) • Limited topics of exclusive competence • Similar levels: Canada and the US. www.migrationpolicycentre.eu MPC
  • 18. EU challenges in external cooperation on migration www.migrationpolicycentre.eu MPC
  • 19. Challenges • International cooperation on migration is a major challenge for sovereign States in bilateral relations • EU as an actor of external policy – Objectives, actors, implementation • Global Approach to Migration and Mobility – Outside of the external policy – One-sector approach – No external tools www.migrationpolicycentre.eu MPC
  • 20. Main challenges in external dimension of the EU migration policy: 1) the limited ability of the EU to define its migration policy with its 27 sovereign States; 2) tensions between the national and supranational level in the EU as regards international cooperation on migration; 3) the diverging interests and priorities of sending regions and/or partner countries; 4) the limited implementation capacities of the EU and its Member States, as well as of partner countries. www.migrationpolicycentre.eu MPC
  • 21. Conclusions • Discourse on migration policy has been gradually skewed to limit the concept to immigration policy. • The states usually go through different migration policy regimes in different historical periods. • EU is a collation of various migration policy regimes but unifies them under the labels Out-migration-restrainers and entry-regulators. • EU policies on migration and mobility are not clearly divided. Traditionally mobility is seen as a prerogative of EU nationals but analysis of EU documents and language proves that the two concepts are more intermingled, especially recently, and for a reason: to add a positive tone. • EU policies on migration and mobility face challenges both internally and externally, but the weaknesses are more visible in the external action. www.migrationpolicycentre.eu MPC
  • 22. Thank you for attention! www.carim-east.eu agnieszka.weinar@eui.eu www.migrationpolicycentre.eu MPC