Presentation is loading. Please wait.

Presentation is loading. Please wait.

The Politics and Ethics of Irregular Migration In Europe Dr. Christina Boswell School of Social and Political Science University of Edinburgh Academy of.

Similar presentations


Presentation on theme: "The Politics and Ethics of Irregular Migration In Europe Dr. Christina Boswell School of Social and Political Science University of Edinburgh Academy of."— Presentation transcript:

1 The Politics and Ethics of Irregular Migration In Europe Dr. Christina Boswell School of Social and Political Science University of Edinburgh Academy of European Law Migration and EU Law and Policy

2 Structure of Lectures: Lecture 1: The Politics of Irregular Migration Lecture 2: Policies on Irregular Migration in Europe Lecture 3: The Ethics of Irregular Migration

3 Lecture 1: The Politics of Irregular Migration

4 What is an irregular migrant? Legal migration: work permit, points system, family (re)union, asylum Illegal entry, residence and employment: Undocumented or clandestine entry Residence without authorisation (illegal entry or overstay) Renumerated employment without authorisation Terminology: Illegal, undocumented, clandestine, irregular Legal Residence Illegal residence Legal entryRegular migrantOverstayer Illegal entryLegalisation of statusIllegal migrant

5 Irregular migration in Europe Causes: –Income disparities and globalization –Restriction of legal routes, 1972/3 –Porous external borders –Demand for cheap and flexible labour Estimated flows: –½ million enter EU illegally every year (EU, 2003) Estimated stocks: -Italy:500 – 800,000 –Germany:500,000 –France: 300,000 –UK:200,000 (HO figures higher)

6 Detections of illegal entry, 2007 TotalLandAirSea Cyprus France Greece Italy Malta 1702 Spain Total EU

7 Challenge to the nation-state Modern state: fixed territory and population Obligations and benefits of citizenship Challenge of migration threatens privileged access to goods Challenge of irregular migration threatens contractual system per se State under pressure to restrict immigration, and eliminate irregular migration

8 1. Restriction and the liberal constraint International normative constraints UN, EU Domestic judicial constraints Constitutions, courts Social cohesion/inter-ethnic relations Leads to gap hypothesis

9 2. Economic interests State as broker between organised interests Strong business lobby for irregular migration Leads to ambivalent migration control: Tough rhetoric, lenient practice Decoupling talk and action

10 3. Securitization States maximizing control/surveillance Securitize migration in order to: –Create sense of urgency –Mobilise support for restriction –Legitimize extension of state power Risks of securitizing migration?

11 4. Social systems Inclusionary logic of welfare states State incapacity to steer systems –Non-compliance –Distortions –Counter-productive outcomes Prefers to maintain fog

12 Exercise Is your countrys policy on irregular migration best characterised by: -Liberal constraint -Economic interests -Securitization

13 Lecture 2: Policies on Irregular Migration in Europe

14 Domestic European policies Challenges for different countries –Land or sea borders –Demand for labour –Lax internal control –Migrant networks Responses –Toleration –Legalisation (regularisations) –Crack-down Border control Illegal employment Cooperation with 3 rd countries

15 Emergent EU Cooperation Single European Act (1986) and Schengen (1985) –Removal of restrictions to free movement –Strengthen external borders, avoid country shopping 1990 Dublin Convention Maastricht Treaty (1992) –Illegal migration as area of common interest 1996 Joint position on pre-frontier assistance 1997 Resolution on combating marriages of convenience Amsterdam Treaty (1997) –Article 63 – measures on illegal immigration and illegal residence

16 Main areas of cooperation Return 2001 Directive on mutual recognition of expulsion orders –2004 Decision on organisation of joint return flights –2008 Directive on Return Readmission agreements 2000 onwards (Morocco, Sri Lanka, Russia, Pakistan, Hong Kong, Macao, Albanisa, Algeria, China, Turkey) Border control Capacity-building Pre-frontier control FRONTEX (2005) 2007 Regulation on RABITS Databases Eurodac, SIS, VIS Cooperation with 3 rd countries…

17 External Dimension 1990s: Readmission agreements Accession and pre-accession process Euromed and Common Strategies 1998: High Level Working Group Action Plans for Afghanistan, Albania, Iraq, Morocco, Sri Lank, Somalia 1999: Tampere Special Council Integrate immigration and asylum into external relations Endorsed by 2004 Hague Programme 2005: Global Approach Migration Profiles West Africa focus

18 Domestic politics of EU cooperation Motivations to cooperate Neo-functionalism - spillover Inter-governmentalism - shared problems Venue- shopping - shifting up and out? External dimension

19 Lecture 3: The Ethics of Irregular Migration

20 Rights of Migrants Whom should we admit? Liberal universalism –Equal claim to certain rights –Problem of feasibility Basic rights –Accept migrants until conditions for realising rights are undermined –Refugee law

21 Rights to restrict Communitarian argument: –Protect shared values, way of life –Charity begins at home Contractarian argument: –Sign up to set of rights and responsibilities Whom should we admit / allow to settle? –Those who will conform to cultural/normative requirements –Those who contribute to society/economy

22 Application to irregular migrants? Already on territory – Diverse causes of migration – Diverse settlement intentions – Differing skills and capacities Moral basis for treatment –Liberal democracies and humane treatment –International human rights considerations Contradictions –State can only grant HR retrospectively (or regularise) –Consequences of toleration? Pull factor

23 Synthesis: possible approaches Regularisation –Programme –Individual case basis Toleration Enforcement of controls –Border controls –Carrier sanctions –Internal checks –Employer sanctions Prevention –Cooperation with 3 rd countries


Download ppt "The Politics and Ethics of Irregular Migration In Europe Dr. Christina Boswell School of Social and Political Science University of Edinburgh Academy of."

Similar presentations


Ads by Google