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ASYLUM AND IMMIGRATION POLICY IN THE EUROPEAN UNION. Elisabeth Sándor-Szalay, associate professor University of Pécs – Faculty of Law IP CCCEU Rotterdam – 10 April 2010. TOPICS to be discussed. General topics Historical aspects The many faces of migration - PowerPoint PPT Presentation
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Elisabeth Sándor-Szalay, associate professor
University of Pécs – Faculty of Law
IP CCCEU Rotterdam – 10 April 2010
ASYLUM AND
IMMIGRATION POLICYIN THE EUROPEAN UNION
TOPICS to be discussedGeneral topics
Historical aspects The many faces of
migration Institutional basis of
European migration policy Immigration policy Integration policy Irregular migration Refuge and asylum European Union citizenship
Special topics
• Irregular migration – gaps• Remittances – a bridge
between migration and development
• Promoting integration policy
• Networks and their influence on migration policy
• How healthy are migrants?• Skilled female labour
migration• Dual citizenship• Climate change and
migration
1. Refugee2. Asylum seeker3. Migrant (regular/irregular) - immigrant 4. Economic migrant5. IDP6. Stateless person
TERMINOLOGYDefinitions in brief
People:
who are outside their country of nationality or habitual residence
andhave a well-founded fear of persecution
because of their - race, - religion, - nationality, - membership of a particular social group or - political opinion
Refugees should not be expelled or returned „to the frontiers of territories where [their] life or freedom would be threatened.”
REFUGEE
as
described in the
Refugee
Convention of
the UN (1951) –
relating to the
status of
refugees
People fleeing
conflicts or generalized violence
are also often and generally
considered as refugees
REFUGEE
altough
under legal
mechanisms
OTHER
then the 1951
Convention
Someone who
• has made a claim that he or she is a refugee, and
• Is waiting for that claim to be accepted or rejected.
The term contain no presumption either way – it simply describes the fact that someone has lodged the claim.
Some asylum seekers will be judged to be refugees and others will not.
ASYLUM
SEEKER
A wide-ranging term
that covers most people who
• move to a foreign country • for a variety of reasons
• and for a certain length of time:• usually for a minimum of a year (so as not to include very temporary visitors
such as tourists, people on business visits, etc.)
MIGRANT
Regular/
Irregular
Regular migrants
People staying withthe necessary
residence permit in a country of which
they are not citizensfor a longer time
People stayingwithout the
necessary residence permit and
without a formal statutory temporary suspension of deportation
in a country of which they are not citizens
THE TERM: MIGRANT
Irregular migrants
Someone who
takes up permanent residence
in a country other than his or her original homeland.
The term can be used for regular migrants.
IMMIGRAN
T
Someone who
leaves their country of origin
for financial reasons
rather than for refugee ones.
ECONOMIC
MIGRANT
Someone who
has been forced to move from his or her home because of - conflict, persecution (refugee-like reasons)
or because of - a natural disaster or - some other unusual circumstance of
this type.
Unlike refugees, however, IDPs remain inside their own
country !!!!!!
Internally
Displaced
Person
IDP
1. Someone who is not considered as a national by ANY state - de jure stateless person
2. Or possibly someone who does not enjoy fundamental rights enjoyed by other nationals in their home state – de facto stateless person
STATELESS
PERSON
As defined by
the UNHCR
(UN High
Commissioner on
Refugees)
Statelessness can be a personal disaster: some stateless people live in a netherworld where they do not officially exist and therefore have virtually no rights at all.
Unlike the other groups outlined here, they may have never moved away from the place where they were born.
But some other stateless people are also refugees.
STATELESSN
ESS
Three main options exist – mainly for refugees:
1. Voluntary repatriation = is the preferred long-term solution, as soon as circumstances permit
2. Local integration = either in the asylum country or in third countries
3. Resettlement = only a small number of countries take part in resettlement programmes and accept quotas of refugees on an annual basis.
Finding durable solutions
BACK TO THE GENERAL TOPICS
Historical Development of Migration in the European Union
Former colonial states
This countries were already immigration countries in the 19th century, such as:
BelgiumFranceUnited Kingdom
This countries become countries of immigration after the Second World War, such as:
Germany Austria
Historical diversity 1.
Guest worker model
Southern EU Member States (transit countries at the „gates of Europe”
until the 1980’s)
ItalyPortugalSpain Greece
Historical diversity 2.
New EU Member States(East and Southeast)
They have been essentially emigration countries since the fall of the Iron Curtain
But since joining the EU in 2004 and 2007 – they have rapidly developed into receveing countries,
even though some of them currently still record more emigrants than immigrants.
Historical diversity 3.
Receiving countriesSpain ItalyCzech RepublikBelgiumSwedenGermanyGreeceAustriaDenmark
Baltic StatesBulgariaPoland Netherlands
The many faces of Migration in the EU 1.- in terms of numbersNegative
immigration c.
Legal categories – strong differences
1. Labour migration – dominates in countries with less regulated labour markets (UK, Ireland, Czech Republik, Denmark)
2. Family reunification (especially apparent in France and Sweden)
3. Both categories in similar percentage (Italy, Germany)
4. Special category: „Spätaussiedler” – ethnic German immigrants from the countries of the former Soviet Union)
The many Faces… 2.
Geographical origin of immigrant groupsreflects
- Historical experiences- Geographical proximity
For example:Portugal = Cape Verde, Brazil, AngolaSpain = Ecuador, MoroccoTurkish citizens = Germany, Denmark, NetherlandsGreece = AlbaniaEtc.
The many Faces…3.
Level of qualification
1. Good education or university degree – high skill migrants
2. Low skilled migrants
Only the UK records almost equal percentages of highly and low skilled migrants.
The many Faces…4.
1. Institutional Basis of European Migration Policy – You have worked it out during the preparatory work
2. Immigration Policy 3. Integration Policy – generally speaking4. Irregular Migration – generally speaking5. Refugee and Asylum – generally speaking
General topics – we will not address now
1. Who can be EU citizen? – every person holding the nationality of a member state
2. Who can hold the nationality of a member state? – it is up to the national regulation of the MS
3. What about the naturalisation regulations?
EU citizenship
For second generation
upon reaching the
age of majority
Belgium
Finnland
France
UK
Italy
Netherlands
Sweden (!)
For second generation upon birth
Belgium
Germany
Ireland
Portugal
UK
For third generation
Belgium
France
Nehterlands
Portugal
Spain
No jus soli
Austria
Denmark
Greece
Luxemburg
Jus soli regulations in the old MS
CONCLUDING REMARCS
Special topics for 2011
European asylum and immigration policy
Expectations of citizens
who credit the EU with special role in solving these matters
Two controversies1.
Standardisation v. safeguard sovereignty
2. Internal security v. universal human rights, humanitarian values and economic priorities
What rights and obligations does a refugee
have?
Some further question…What happens when governments can’t or won’t provide help?
Are people who flee war zones refugees?
Some further question…Can governments deport people who are found not
to be refugees?
Can a war criminal or terrorist be a refugee?
Some further question…
Can a soldier be refugee?
Do all refugees have to go trough an asylum
determination process?
Further…What is „temporary
protection”?
Thank you for your attention!
Have a nice weekend!
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