Abstract
This chapter examines the development of policy in Europe in order to provide a context for other chapters that discuss the European ‘migration machine’. The chapter provides a politico-legal perspective, and conceptualizes the development of the EU approach to migration and asylum since the late 1990s, demonstrating how it can be seen as constituent of an evolving and complex system. Our purpose here is to consider analytically the meaning and significance of the emerging EU framework on migration and asylum. We ask what kind of system the EU is able to develop and in what ways this is limited and constrained given the questions over EU competency and legitimacy in these areas. In order to do this we critically evaluate developments in the EU on the migration and asylum system, charting its course from Tampere, Finland (in 1999) through to Stockholm (in 2009). In each of the various phases of its development, we ask about the main ideas and arguments that have underpinned this process. How, for example, has the EU balanced security concerns over the openness of borders with demographic and economic arguments for more migrants? We then consider how these compare with the actual outputs and outcomes of the legislative process. The final section draws together our main findings, discusses the rationale for integration in this area and identifies the key characteristics of the developing EU framework on migration and asylum.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
Bibliography
Bendel, P. (2005) ‘Immigration Policy in the European Union: Still Bringing up the Walls for Fortress Europe?’, Migration Letters, 2: 20–31.
Carrera, S. (2008) Benchmarking Integration in the EU: Analyzing the Debate on Integration Indicators and Moving it Forward (Gütersloh, Germany: Bertelsmann Foundation). www.bertelsmann-stiftung.de.
Carrera, S. and A. Wiesbrock (2009) Civic Integration of Third-Country Nationals: Nationalism versus Europeanisation in the Common EU Immigration Policy, CEPS Report, October (Brussels: Centre for European Policy Studies).
Caviedes, A. (2004) ‘The Open Method of Co-ordination in Immigration Policy: A Tool for Prying open Fortress Europe?’, Journal of European Public Policy, 11 (2): 289–310.
CEC (2000) Communication on a Community Immigration Policy.
COM (2000) 757 final (Brussels: Commission of the European Communities).
CEC (2001) Communication on an Open Method of Coordination for the Community Immigration Policy.
COM (2001) 387 final (Brussels: Commission of the European Communities).
CEC (2003) Communication on Immigration, Integration and Employment.
COM (2003) 336 final (Brussels: Commission of the European Communities).
CEC (2005) On the Establishment, Operation and Use of the Second Generation Schengen Information System (SIS II)
COM (2005) 236 final (Brussels: Commission of the European Communities).
CEC (2009) Legislative Package Establishing an Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice.
COM (2009) 292 final (Brussels: Commission of the European Communities).
CEU (2008) European Pact on Immigration and Asylum. 13440/08 (Brussels: Council of the European Union (Presidency)).
CEU (2009) The Lisbon Treaty’s Impact on the Justice and Home Affairs (JHA) Council: More Co-Decision and New Working Structures (Brussels: Council of the European Union).
Cornelius, W. (1994) ‘Spain: The Uneasy Transition from Labour Exporter to Labour Importer’, in W.E. Cornelius, Philip L. Martin and James Frank Hollifield (eds) Controlling Immigration: A Global Perspective (Stanford University Press).
Evans Case, R. and T.E. Givens (2010) ‘Re-Engineering Legal Opportunity Structures in the European Union? The Starting Line Group and the Politics of the Racial Equality Directive’, Journal of Common Market Studies, 48 (2): 221–41.
Freeman, G. (1998) ‘The Decline of Sovereignty? Politics and Immigration Restriction in Liberal States’, in C. Joppke (ed.) Challenge to the Nation State (Oxford University Press).
Future Group, The (2008) Freedom, Security, Privacy: European Home Affairs in an Open World. Policy (Brussels).
Geddes, A. (2003) The Politics of Migration and Immigration in Europe (London: Sage).
Geddes, A. and J. Niessen (2005) ‘Europe and Immigrant Inclusion: From Rhetoric to Action’. http://fpc.org.uk/articles/324.
Groenendijk, K. (2004) ‘Legal Concepts of Integration in EU Migration Law’, European Journal of Migration and Law, 6: 111–26.
Guiraudon, V. (2000) ‘European Integration and Migration Policy: Vertical Policy-Making as Venue Shopping’, Journal of Common Market Studies, 38: 249–69.
House of Lords (2008–09) European Committee, Session 2008–09, Twenty-Fifth Report: ‘The Stockholm Programme: Home Affairs.’ www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/175/17503.htm.
Krasner, S. (1982) ‘Structural Causes and Regime Consequences: Regimes as Intervening Variables’, International Organization, 36 (2): 185–205.
Lutterbeck, D. (2006) ‘Policing Migration in the Mediterranean’, Mediterranean Politics, 11: 59–82.
Monar, J. (2008) ‘Justice and Home Affairs’, Journal of Common Market Studies, 46 (Annual Review): 109–26.
Monar, J. (2009) ‘Justice and Home Affairs’, Journal of Common Market Studies, 47: 151–70.
Morales, E. (2008) Letter of the Bolivian President, in regards to the ‘Returns Directive’. President of the Republic of Bolivia.
Moravcsik, A. (1991) ‘Negotiating the Single European Act: National Interests and Conventional Statecraft in the European Community’, International Organization, 45 (1): 19–56.
Moravcsik, A. and M. Vachudova (2003) ‘National Interests, State Power, and EU Enlargement’, East European Politics and Societies, 17: 42–57.
Morris, L. (2004) The Control of Rights: The Rights of Workers and Asylum Seekers Under Managed Migration (London: Joint Council for the Welfare of Immigrants).
Neal, A. (2009) ‘Securitization and Risk at the EU Border: The Origins of FRONTEX’, Journal of Common Market Studies, 47: 333–56.
Peers, S. (2009) ‘Legislative Update: EC Immigration and Asylum Law Attracting and Deterring Labour Migration: The Blue Card and Employer Sanctions Directives’, European Journal of Migration and Law, 11: 387–426.
Radaelli, C. (2004) ‘Who Learns What? Policy Learning in the Context of the Open Method of Co-ordination.’ Paper presented at the ESRC (Economic and Social Research Council) Seminar Series: ‘Implementing the Lisbon Strategy: Policy Learning Inside and Outside the Open Method’, European Research Institute, University of Birmingham, 26 November.
Statham, P. and A. Geddes (2006) ‘Elites and the “Organised Public”: Who Drives British Immigration Politics and in Which Direction?’, West European Politics, 29 (2): 248–69.
van Houtum, H. and R. Pijpers (2007) ‘The European Union as a Gated Community: The Two-Faced Border and Immigration Regime of the EU’, Antipode, 39: 291–309.
Velluti, S. (2007) ‘What European Union Strategy for Integrating Migrants? The Role of OMC Soft Mechanisms in the Development of an EU Immigration Policy’, European Journal of Migration and Law, 9: 53–82.
Wallace, H. (2005) Policy-Making in the EU (Oxford University Press).
Editor information
Editors and Affiliations
Copyright information
© 2011 Alex Balch and Andrew Geddes
About this chapter
Cite this chapter
Balch, A., Geddes, A. (2011). The Development of the EU Migration and Asylum Regime. In: Dijstelbloem, H., Meijer, A. (eds) Migration and the New Technological Borders of Europe. Migration, Minorities and Citizenship. Palgrave Macmillan, London. https://doi.org/10.1057/9780230299382_2
Download citation
DOI: https://doi.org/10.1057/9780230299382_2
Publisher Name: Palgrave Macmillan, London
Print ISBN: 978-1-349-32625-9
Online ISBN: 978-0-230-29938-2
eBook Packages: Palgrave Social Sciences CollectionSocial Sciences (R0)