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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.
The contributions of this book examine contemporary dynamics of migration and mobility in the context of the general societal transformations that have taken place in Europe over the past few decades. The book will help readers to better understand the manifold ways in which migration trends in the region are linked to changing political-economic constellations, orders of power and inequality, and political discourses. It begins with an introduction to a number of theoretical approaches that address the nexus between migration and general societal shifts, including processes of supranationalisation, EU enlargement, postsocialist transformations and rescaling. It then provides a comprehensive overview of the political regulation of migration through border control and immigration policies. The contributions that follow detail the dynamic changes of individual migration patterns and their implications for the agency of mobile individuals. The final part challenges the reader to consider how policies and practices of migration are linked to symbolic struggles over belonging and rights, describing a wide range of expressions of such conflicts, from cosmopolitanism to racism and xenophobia. This book is aimed at researchers in various fields of the social sciences and can be used as course reading for undergraduate, graduate and postgraduate courses in the areas of international migration, transnational and European studies. It will be a beneficial resource for scholars looking for material on the most current conceptual tools for analysis of the nexus of migration and societal transformation in Europe.
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.
This research questions the seemingly ossified premise that states have an absolute discretion to control international migration. Applying Max Weber’s theories of legitimacy, it determines that while states have certain traditionally legitimate functions, migration control, as distinct from the determination of citizenship, is not one such function. Measures of migration control must thus be justified on a rational-legal basis, that is, on a minimal evidential basis. Acknowledging the many obstacles states face in carrying out this legitimising exercise, it is suggested that a supranational approach at the regional level is the most sustainable long-term model, with an ultimate aim of achieving inter-regional cooperation on migration management on the basis of equality between regions.