The Regulation of Immigration by the EU: An Empirical Puzzle

Abstract

One of the key functions that a sovereign state fulfils is controlling the movements of people across its borders. This task, which determines which foreign citizens are allowed to enter the state territory and which are not, is referred to as “gatekeeping” (Hammar 1994: 188). States put up several gates to verify whether the foreigner who desires to enter and stay in the country has legitimate reasons for doing so. Checking people’s passports to determine whether someone is to be granted entry at the national state border is the first of these gates. A decision concerning more than just access to a territory is required if a foreigner intends to stay in the country for more than a short-term tourist visit. At this point, “immigration control policies” lay out the rules that determine their admission not only to the territory but also to subsystems of the society, such as the labour market and the welfare state (Freeman 2006: 228). Immigration policy is the “management of cross-border flows” (Ibid.), understood as the “rules and procedures” that govern “the selection and admission of foreign citizens” (Meyers 2004: 26). Immigration policy serves as the second gate in a state’s control of foreigners. It defines the conditions of admission and residence of foreigners who enter the country to stay for at least one year (Moulier-Boutang and Papademetriou 1994).