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In Europe, immigration is a politically potent issue—especially when it comes to the treatment of asylum seekers and illegal labor immigrants. This volume draws the reader into the complex and contradictory world of migration regulation and control, covering the wide range of different policy approaches that aim to control the entry and residence of non-EU citizens. Revealing the common framework, tendencies, and policy convergences brought about less by design than a common concern about migration’s impact on the future of the EU, Modes of Migration Regulation and Control in Europe questions the effectiveness of additional efforts in terms of their fiscal and societal costs. “This important book emphasizes that European countries individually and collectively are converging in their efforts to manage migration.”—Philip Martin, University of California, Davis
This book traces the practices of migration control and its contestation in the European migration regime in times of intense politicization. The collaboratively written work brings together the perspectives of state agents, NGOs, migrants with precarious legal status, and their support networks, collected through multi-sited fieldwork in eight European states: Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland. The book provides knowledge of how European migration law is implemented, used, and challenged by different actors, and of how it lends and constrains power over migrants’ journeys and prospects. An ethnography of law in action, the book contributes to socio-legal scholarship on migration control at the margins of the state. “This book is a major achievement. A remarkable and insightful study that through close analysis of the practices of migration control in 8 European countries (Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland) provides powerful new insight into the power of the state at its margins and over those that are marginalised.” - Andrew Geddes, Director, Migration Policy Centre, European University Institute “Migrants Before the Law provides a much-needed account of the dizzying legal labyrinth that migrants navigate as they seek to survive in Europe. Based on multi-sited ethnography in detention centres, migration offices, police stations, and non-governmental organizations as well as on interviews with key government actors, advocates, and migrants themselves, this book explores the systems of control and forms of migrant precarity that operate along Europe’s internal borders, in multiple national and transnational contexts. Readers will come away with a deepened understanding of the perverse workings of power, the ways that the uncertainty and unpredictability of law foster both despair and hope, the degree to which the immigration “crisis” is both manufactured and experienced as real, and the ingenuity of migrants themselves in the face of Kafkaesque state practices.” - Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, Irvine, USA “Migrants Before the Law is an excellent exposition of the dispersed sites of the law and the hinges and junctions through which this apparatus is actualized in the lives of migrants facing deportation, contesting their status as illegal migrants or seeking to regularize their precarious position. Written with great sensitivity and an eye to minute details this book is also an achievement in furthering the method of collaborative ethnography and new ways of staging comparisons.” - Veena Das, Krieger-Eisenhower Professor of Anthropology, Johns Hopkins University, USA
Perhaps the most vexing question facing Europe today is what to do about asylum seekers and people in search of work who arrive daily, some escaping nations where poverty and persecution are, for them, facts of life. Given its costs - both human and economic - immigration policy has understandably become a highly politicized issue. With the abolition of internal borders within the EU, new controls are needed to stop immigration and to prevent non-citizens from working illegally. New external policies are being used, such as early warning systems and visa controls, with the long-term aim of reducing emigration from poor and war-ridden nations. Europe has also intensified its control of internal aliens. But there are limits to how tight a control can be made without violating the norms and values of the democratic state, where human rights should be valid for citizens and non-citizens alike. However, free immigration is not in the interests of the European states. It might undermine labour and housing markets, make planning impossible, and alter the preconditions for welfare states. This timely book addresses the politics and mechanisms of immigration control in Europe in an effort to unravel its complexities and propose sensible solutions. It covers recent events, including racist and populist party politics, as well as changes in the international setting, such as the development within the European Union and Schengen, and the recent refugee crisis in the former Yugoslavia. It will be essential reading for anyone interested in immigration studies, European politics, international relations, anthropology and sociology.
The papers presented in this volume form a homogeneous body of knowledge with many facets. The topics researched present a wide variety. . . This volume offers solid research on a variety of issues in the study of migration. Theodore P. Lianos, South-Eastern Europe Journal of Economics The enlargement of the European Union has had an enormous impact on migration within Europe. This book addresses the form of these effects, outlining the social, political and economic problems created by the free movement of people within the European Union. The eminent European contributors to this book explore the ways in which nation states and the EU seek to promote the benefits of migration but at the same time counter threats arising from dislocation. The advantages and costs of migration are considered, as is the crucial problem of who gains and loses from migration. Underpinning the analysis are studies on retirement migrants in Turkey and migrant workers in countries including Austria, Finland, Norway, Portugal, Spain, and the UK, which highlight the impact of immigration in the host states, the motivation for migration within the EU as well as the issues of societal integration of migrants and the need for control as a consequence of growing levels of migration. This timely and relevant study will strongly appeal to scholars and researchers in a wide range of fields including European studies, migration studies, social policy, human geography, international relations and sociology.
Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.
This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.
This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.
Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating ‘legal black holes’. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author’s view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.
More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary. The journal itself is the basis for the book: authors who have written the most significant contributions for the journal on the relevant issues to the Area of Freedom Security and Justice (AFSJ) have revised and updated their articles in light of current developments. These are supplemented with new chapters on issues which have turned out to be particularly important to the development of the field. The success of the journal has demonstrated the need for informed, independent academic research on the changing nature of immigration and asylum in Europe, and this volume too seeks to meet that need. It offers a unqiue and lively collection of essays covering the field of EU immigration and asylum law from a variety of perspectives.