Constructing and Imagining Migration in the EUEuropean Migration Network 27 September 2011, Helsinki

 

Elspeth Guild, Jean Monnet Professor ad personam

Radboud University, Nijmegen

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Mobility in the EU

Between 31 August and 6 September 2009 the total number of entries and exits registered during one week at all the external borders of the European Union was:

• TOTAL: 12,907,581 • EU Nationals: 9,312,665• Third Country Nationals (non visa): 2,130,256• Third Country Nationals (visa): 1,464,660Sea Borders: 1,101,677Land Borders: 5,035,709Air Borders: 6,770,195Council Document 13267/09, 22 September 2009.

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Mobility - VisasTotal Short Stay Visas (Schengen) issued 2009:• 9,605,876• Percentage of applications not issued: 7.11%

Total Short Stay Visas (Schengen) issued 2010:• 11,060,261• Percentage of applications not issued: 5.79%

Total Long Stay Visas issued in 2009:

• 1,018,178

Source: European Commission Communication COM(2011) 248 final; 4.5.2011; http://ec.europa.eu/home-affairs/policies/borders/borders_visa_en.htm

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Unwanted Mobility? Apprehensions and removals 2009

Apprehensions of persons irregularly present: 570,660

Removal Orders against persons irregularly present: 598,755

Effective Returns: 252,785

Asylum and immigration related deaths in EU: January 2009 – 30 June 2010: 38

Sources: European Commission Communication COM(2011) 248 final; 4.5.2011; Institute of Race Relations European Race Audit Briefing Paper No 4 October 2010.

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Migration in the EU

New Residence Permits Issued in 2009:

Family: 660,200

Education: 509,600

Employment: 645,800

Other: 527,400

Total: 2,343,000

Source: Eurostat Statistics in focus 43/2011

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Between immigrant, foreigner and citizen?Total EU population: 501 million

Third country nationals resident in the EU 2010: 20.2 million = 4%

EU residents born in a non-EU country: 31.4 million = 6.3%

Source: Eurostat Statistics in Focus 34/2011

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Migration as the mechanism of separation• Who is a citizen?

• Who is an EU citizen?

• Who is an immigrant?

• Who is an irregular immigrant?

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Migration as the organising principle for discrimination

• The rights of citizens: national constitutions;

• The rights of EU citizens: The prohibition on discrimination on the basis of nationality Article 18 TFEU;

• The rights of third country nationals: The prohibition on discrimination on other grounds Article 19 TFEU

• Immigration as a field of exception.

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Where are the limits of discrimination?

Visas and Borders:

• Article 39 EU Visa Code (Regulation 810/2009);

• Article 6 Schengen Borders Code (Regulation 562/2009);

Expulsion:

• Preamble 21 Returns Directive (Directive 115/2008)

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The EU Charter of Fundamental Rights

Equality:

• Article 21(1) – prohibition on discrimination on ground of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;

• (2) nationality only within the scope of application of the Treaties.

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The Problem of Practices

Diversity and integration:

The application of integration tests: Article 7(2) Directive 2003/86 (family reunification);

• Article 5(2) Directive 2003/109 (long term residents).

Unfulfilled promises of equality?