1. Constructing and Imagining Migration in the EU European Migration Network 27 September 2011, Helsinki Elspeth Guild, Jean Monnet Professor ad personam Radboud University, Nijmegen

2. 2 Mobility in the EU Between 31 August and 6 September 2009 the total number of entries and exits registered during one week at all the external borders of the European Union was: TOTAL: 12,907,581 EU Nationals: 9,312,665 Third Country Nationals (non visa): 2,130,256 Third Country Nationals (visa): 1,464,660 Sea Borders: 1,101,677 Land Borders: 5,035,709 Air Borders: 6,770,195 Council Document 13267/09, 22 September 2009.

3. 3 Mobility - Visas Total Short Stay Visas (Schengen) issued 2009: 9,605,876 Percentage of applications not issued: 7.11% Total Short Stay Visas (Schengen) issued 2010: 11,060,261 Percentage of applications not issued: 5.79% Total Long Stay Visas issued in 2009: 1,018,178 Source: European Commission Communication COM(2011) 248 final; 4.5.2011; http://ec.europa.eu/home- affairs/policies/borders/borders_visa_en.htm

4. 4 Unwanted Mobility? Apprehensions and removals 2009 Apprehensions of persons irregularly present: 570,660 Removal Orders against persons irregularly present: 598,755 Effective Returns: 252,785 Asylum and immigration related deaths in EU: January 2009 – 30 June 2010: 38 Sources: European Commission Communication COM(2011) 248 final; 4.5.2011; Institute of Race Relations European Race Audit Briefing Paper No 4 October 2010.

5. 5 Migration in the EU New Residence Permits Issued in 2009: Family: 660,200 Education: 509,600 Employment: 645,800 Other: 527,400 Total: 2,343,000 Source: Eurostat Statistics in focus 43/2011

6. 6 Between immigrant, foreigner and citizen? Total EU population: 501 million Third country nationals resident in the EU 2010: 20.2 million = 4% EU residents born in a non-EU country: 31.4 million = 6.3% Source: Eurostat Statistics in Focus 34/2011

7. 7 Migration as the mechanism of separation Who is a citizen? Who is an EU citizen? Who is an immigrant? Who is an irregular immigrant?

8. 8 Migration as the organising principle for discrimination The rights of citizens: national constitutions; The rights of EU citizens: The prohibition on discrimination on the basis of nationality Article 18 TFEU; The rights of third country nationals: The prohibition on discrimination on other grounds Article 19 TFEU Immigration as a field of exception.

9. 9 Where are the limits of discrimination? Visas and Borders: Article 39 EU Visa Code (Regulation 810/2009); Article 6 Schengen Borders Code (Regulation 562/2009); Expulsion: Preamble 21 Returns Directive (Directive 115/2008)

10. 10 The EU Charter of Fundamental Rights Equality: Article 21(1) – prohibition on discrimination on ground of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; (2) nationality only within the scope of application of the Treaties.

11. 11 The Problem of Practices Diversity and integration: The application of integration tests: Article 7(2) Directive 2003/86 (family reunification); Article 5(2) Directive 2003/109 (long term residents). Unfulfilled promises of equality?