Migration, Minorities and Citizenship

General Editors: Zig Layton-Henry, Professor of Politics, University of Warwick; and Daniele Joly, Professor, Director, Centre for Research in Ethnic Relations, University of Warwick

Titles include:

Muhammad Anwar, Patrick Roach and Ranjit Sondhi (editors) FROM LEGISLATION TO INTEGRATION? Race Relations in Britain

James A. Beckford, Daniele Joly and Farhad Khosrokhavar MUSLIMS IN PRISON Challenge and Change in Britain and France

Christophe Bertossi (editor) EUROPEAN ANTI-DISCRIMINATION AND THE POLITICS OF CITIZENSHIP Britain and France

Sophie Body-Gendrot and Marco Martiniello (editor) MINORITIES IN EUROPEAN CITIES The Dynamics of Social Integration and Social Exclusion at the Neighbourhood Level

Malcolm Cross and Robert Moore (editor) GLOBALIZATION AND THE NEW CITY Migrants, Minorities and Urban Transformations in Comparative Perspective

Thomas Faist and Andreas Ette (editors) THE EUROPEANIZATION OF NATIONAL POLICIES AND POLITICS OF IMMIGRATION Between Autonomy and the European Union

Adrian Favell PHILOSOPHIES OF INTEGRATION Immigration and the Idea of Citizenship in France and Britain

Agata G6rny and Paulo Ruspini (editors) MIGRATION IN THE NEW EUROPE East-West Revisited

James Hampshire CITIZENSHIP AND BELONGING Immigration and the Politics of Democratic Governance in Postwar Britain

Simon Holdaway and Anne-Marie Barron RESIGNERS? THE EXPERIENCE OF BLACK AND ASIAN POLICE OFFICERS

Daniele Joly (editor) GLOBAL CHANGES IN ASYLUM REGIMES Closing Doors

SCAPEGOATS AND SOCIAL ACTORS The Exclusion and Integration of Minorities in Western and Eastern Europe

Christian Joppke and Ewa Morawska TOWARD ASSIMILATION AND CITIZENSHIP Immigrants in Liberal Nation-States

Atsushi Kondo (editor) CITIZENSHIP IN A GLOBAL WORLD Comparing Citizenship Rights for Aliens

Zig Layton-Henry and Czarina Wilpert (editors) CHALLENGING RACISM IN BRITAIN AND GERMANY

J0rgen S. Nielsen TOWARDS A EUROPEAN ISLAM

Pontus Odmalm MIGRATION POLICIES AND POLITICAL PARTICIPATION Inclusion or Intrusion in Western Europe?

Jan Rath (editor) IMMIGRANT BUSINESSES The Economic, Political and Social Environment

Peter Ratcliffe (editor) THE POLITICS OF SOCIAL SCIENCE RESEARCH 'Race', Ethnicity and Social Change

Carl-Ulrik Schierup (editor) SCRAMBLE FOR THE BALKANS Nationalism, Globalism and the Political Economy of Reconstruction

Steven Vertovec and Ceri Peach (editors) ISLAM IN EUROPE The Politics of Religion and Community

Maarten Vink LIMITS OF EUROPEAN CITIZENSHIP European Integration and Domestic Immigration Policies

Osten Wahlbeck KURDISH DIASPORAS A Comparative Study of Kurdish Refugee Communities

John Wrench, Andrea Rea and Nouria Ouali (editors) MIGRANTS, ETHNIC MINORITIES AND THE LABOUR MARKET Integration and Exclusion in Europe

Migration, Minorities and Citizenship Series Standing Order ISBN 0-333-71047-9 (hardback) 0-333-80338-8 (paperback) (outside North America only)

You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and the ISBN quoted above.

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The Europeanization of National Policies and Politics of Immigration Between Autonomy and the European Union

Edited by Thomas Faist Professor of Sociology Bielefeld University, Germany and Andreas Ette Research Associate Federal Institute for Population Research, Germany

* © Editorial matter and selection © Thomas Faist and Andreas Ette 2007. Chapters © their authors, 2007 Reprint of the original edition 2007

All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission.

No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London wn 4LP.

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First published 2007 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N. Y. 10010 Companies and representatives throughout the world

PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin's Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries.

ISBN 978-1-349-54116-4 ISBN 978-0-230-80071-7 (eBook) DOI 10.1057/9780230800717

This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources.

A catalogue record for this book is available from the British Library.

Library of Congress Cataloging-in-Publication Data The Europeanization of national policies and politics of immigration:

between autonomy and the European Union / edited by Thomas Faist, Andreas Ette.

p. cm. - (Migration, minorities and citizenship) Includes bibliographical references and index.

ISBN 978-1-4039-8713-6 (cloth)

1. European Union countries-Emigration and immigration-Government policy. 2. Emigration and immigration-Government policy. 3. Emigration and immigration-Political aspects. 4. European Union countries-Emigration and immigration. I. Faist, Thomas, 1959- II. Ette, Andreas, 1975-

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JV7590.E95342007 325.4-dc22

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4 3 10 09

2 1 08 07

Transferred to Digital Printing in 2007

2006051536

Contents

List of Figures and Tables

Acknowledgements

Notes on the Contributors

List of Abbreviations

Part I Regulating Migration in Europe

1 The Europeanization of National Policies and Politics of

vii

viii

x

xiv

1

Immigration: Research, Questions and Concepts 3 Andreas Ette and Thomas Faist

2 Everything under Control? The European Union's Policies and Politics of Immigration 32 Petra Bendel

3 The Europeanization of What? Migration, Asylum and the Politics of European Integration 49 Andrew Geddes

Part II The European Impact on National Policies and Politics of Immigration - Core Member States 71

4 From Model to Average Student: the Europeanization of Migration Policy and Politics in Germany 73 Kathrin Prumm and Stefan Alscher

5 Against Exceptionalism: British Interests for Selectively Europeanizing its Immigration Policy 93 Andreas Ette and Jurgen Gerdes

6 Sweden: Europeanization of Policy but not of Politics? 116 Mikael Spang

7 Selective Europeanization: Europe's Impact on Spanish Migration Control 136 Margit Fauser

v

vi Contents

8 Ulysses Turning European: the Different Faces of 'Europeanization' of Greek Immigration Policy 157 Georgia Mavrodi

Part III The European Impact on National Policies and Politics of Immigration - the Case of New Member States and Peripheral States 179

9 Advanced yet Uneven: the Europeanization of Polish Immigration Policy 181 Anna Kicinger, Agnieszka Weinar and Agata G6rny

10 EU-ization Matters: Changes in Immigration and Asylum Practices in Turkey 201 Ahmet kduygu

11 Driven from the Outside: the EU's Impact on Albanian Immigration and Asylum Policies 223 Imke Kmse

12 The External Face of Europeanization: Third Countries and International Organizations 246 Sandra Lavenex

Index 265

List of Figures and Tables

Figure

1.1 Concentric circles of the emerging European immigration policy and the selection of cases for this volume (time of accession to the EU in parentheses) 12

Tables

3.1 Impacts of European integration on domestic governance structures 61

5.1 Participation of the UK in regulations, directives and (framework-) decisions taken by the EU between 1 May 1999 and 30 April 2004 in different areas of immigration policy 98

8.1 Greek public opinion towards immigrants during the 1990s 168

12.1 Number of 10M and UNHCR projects financed under Budget-line B7-667 257

vii

Acknowledgements

Many people and organizations contributed to making this book possi­ble. The original idea for this book emerged out of a collaboration between two groups of researchers. The first consisted of participants in a project on the democratic legitimation of immigration policies at the University of Applied Sciences Bremen, which was part of the Collaborative Research Center 597 'Transformations of the State' and funded by the German Research Foundation (DFG). Headed by Thomas Faist, this group included Stefan Alscher, Andreas Ette, Margit Fauser, Jiirgen Gerdes, Kathrin Priimm and Mikael Spang. The second group consisted of doctoral students - Georgia Mavrodi and Imke Kruse -who gathered because of the initiative of Mechthild Baumann. Both groups of researchers met because of their shared interest in the chang­ing multi-level governance of immigration in Europe and its impact on the policies and politics of member and non-member states. The concept of the volume developed in discussions between Mechthild Baumann, Andreas Ette and Thomas Faist. The gratitude of the editors goes to Mechthild who was not able to continue with the project to its completion. Yet without her support the book project would not have been launched in the first place.

Financial support for the project was generously provided by the Europaische Akademie Berlin and the Friedrich-Ebert-Foundation, without which we would not have been able to bring together most of the authors of this volume at a common workshop held in Berlin in September 2005. Following this meeting where we shared our insights into the politics of Europeanization and the highly differential national experiences with the EU, the contributors to this volume drafted and revised their chapters during winter and spring of 2005-6.

As editors of this volume, we offer our deepest gratitude to all of the contributors for their interest in participating in this project. The cooperation has been an interesting academic as well as personal learning experience which has been deeply rewarding. For her support in preparing the manuscript we particularly thank Dr Edith Klein for her proofreading. Despite the time pressure and the fact that most of this volume has been written by authors whose first language is not English, she helped enormously to produce a more coherent style of language and grammar. Finally, we would like to

viii

Acknowledgements ix

thank the staff at Palgrave Macmillan and Philippa Grand in particu­lar for the steady reminders about a timely delivery of our manuscript and for their efficient publication of the book.

Wiesbaden and Bielefeld Andreas Ette and Thomas Faist

Notes on the Contributors

Stefan Alscher is a research assistant at the Centre on Migration, Citizenship and Development at the University of Bielefeld. He received his MA at Humboldt University Berlin and is currently com­pleting his PhD thesis. He was a Visiting Research Fellow at the Centre for Comparative Immigration Studies at the University of California, San Diego, in 2004-5. Alscher is also a member of the editorial board of the German-language newsletter Migration und Bevolkerung (Migration and Population). His research interests include undocumented migra­tion and border control, with a focus on Europe and North America, and the impact of free trade on migration processes.

Petra Bendel is the Managing Director of the Central Institute for Regional and Area Studies and Lecturer in Political Science at Erlangen­Nuremberg University, Germany. She conducts research in the areas of comparative politics and policies as well as international relations, EU studies and area studies. She is the co-editor of books and articles on Latin American politics, on worldwide democratization, on terrorism as well as on migration and integration policies in Europe.

Andreas Ette is a Research Associate at the Federal Institute for Population Research, Germany, and a PhD candidate at Bielefeld University. Previously he was a Research Fellow of the Collaborative Research Centre 'Transformations of the State' at the University of Bremen. His research interests include population and immigration policies, democracy, comparative politics and the European Union.

Thomas Faist is Professor of Transnational Relations and Sociology of Development at the Faculty of Sociology, Bielefeld University, Germany. Formerly, he directed International Studies in Political Management (ISPM) at the University of Applied Sciences Bremen. Thomas Faist received his PhD degree from the New School for Social Research in New York. His research focuses on international migration, ethnic relations, social policy and transnationalization. His book publications include The Volume and Dynamics of International Migration and Transnational Social Spaces (2000), Transnational Social Spaces (2004), and Citizenship: Discourse, Theory and Transnational Prospects, co-authored with Peter Kivisto (2007).

x

Notes on the Contributors xi

Margit Fauser is a Lecturer and Research Fellow at the Faculty of Sociology, Bielefeld University. Her research interests embrace transna­tional migration, integration, democratization and development. She is currently working on immigration flows and policies in Spain. She has been associated with the Instituto Universitario Ortega y Gasset, Madrid, and the Migration Programme of the Centre for Documenta­tion and Information, Barcelona (CIDOB). Her recent publications include a book chapter on 'Transnational Migration - a National Security Risk? Securitization of Migration Policies in Germany, Spain and the United Kingdom' (The Transatlantic Security Challenges and Dilemmas for the European Migration Policy Project, ed. by Krystyna Iglicka).

Andrew Geddes is Professor of Politics at the University of Sheffield where he is also the Director of the Centre for International Policy Research. He has published extensively on European and EU migration policy and politics. Among his recent publications are Immigration and European Integration: Towards Fortress Europe? (2000, second edition forthcoming in 2007) and The Politics of Migration and Immigration in Europe (2003).

Jiirgen Gerdes is a Research Fellow at the University of Bielefeld in Germany. He currently works with the Research Project 'The Demo­cratic Legitimacy of Immigration Control Policy' within the DFG Collaborative Research Centre 'The Political as Communicative Space in History'. He previously worked on an international research project on dual citizenship supported by the Volkswagen Foundation, which compared the politics of dual citizenship in a number of immigration and emigration countries. His research focuses on the relationship between democracy, human rights and immigration. His reviews and papers on questions of multiculturalism, cultural rights and dual citi­zenship have appeared in numerous journals and anthologies.

Agata Gorny is Assistant Professor at the Faculty of Economic Sciences and Research Fellow at the Centre for Migration Research, Warsaw University. Her research interests include patterns of migration and adaptation of ex-USSR migrants coming to Poland, multiple citizenship and the application of qualitative methods in migration research. She is co-editor of Migration in the New Europe: East-West Revisited (2004).

Ahmet ic,:duygu is a Professor in the Department of International Relations, and Director of the Migration Research Programme (MiReKoc), at Koc,: University, Istanbul. His most recent research deals with the

xii Notes on the Contributors

mechanisms and dynamics of irregular migration and its labour conse­quences, the anatomy of transit migration, the question of how individ­ual citizens experience and perceive their own citizenship in various social settings, and the structure, environment, value and impact dimen­sions of civil society in a comparative perspective. He is co-editor of Citizenship in a Global World: European Questions and Turkish Experiences (200S), has published numerous articles in journals such as Ethnic and Racial Studies, International Migration, International Social Science JOlJrnal, Global Governance, Middle Eastern Studies and Mediterranean Quarterly.

Anna Kicinger works as a researcher in the Central European Forum for Migration Research, a research unit of the International Organiza­tion of Migration, in Warsaw. Her research interests include Polish migration policy, European migration policies, migration policy of the European Union, and mobility issues for the highly skilled. She is preparing her PhD thesis on the development of Polish migration policy between 1918 and 2004 under the supervision of Professor Dariusz StoIa (Polish Academy of Sciences).

Imke Kruse is a researcher at the Max Planck Institute for the Study of Societies in Cologne, Germany. She received her PhD from the Free University Berlin in 200S. In 2001, she was a staff member of the German Government's Federal Commission on Immigration Reform, and in 2001-2, she participated in the Migration Task Force of the Council on Asia-Europe Cooperation (CAEC). Her research interests include international relations, the European integration process, refugee policies, legal and irregular migration and human rights.

Sandra Lavenex is Professor of International Relations and Global Governance at the University of Lucerne in Switzerland. Her research focuses on European and international migration policy, EU associa­tion relations with non-member states, and international democracy promotion. Her publications on European migration policy include two books (Safe Third Countries [1999]; and The Europeanisation of Refugee Policies, 2001), a co-edited volume (Migration and the Externa­lities of European Integration [2002], with Emek M. U<;:arer), and articles in Journal of Common Market Studies, Journal of European Public Policy, West European Politics, Cooperation & Conflict, Journal of Ethnic and Migration Studies and Journal of Refugee Policy.

Georgia Mavrodi is currently a PhD candidate in the Department of Social and Political Sciences, European University Institute (Florence). She graduated in international relations and political studies at the

Notes on the Contributors xiii

University of Macedonia, Thessaloniki, in 2000. She also received additional training in human rights law at the Catholic University of Nijmegen in 1999, her MA in European Studies from Humboldt University of Berlin in 2002, and her Master of Research from the European University Institute in 2004. Her professional experience includes the post of political scientist at the Refugee Reception Centre of Thessaloniki. Her research interests focus on European inte­gration, comparative immigration and refugee policies in Europe after the Second World War, and the impact of European institutions on immigration and refugee policies in southern European countries.

Kathrin Priimm currently works as a research assistant with a focus on quality management at the University of Applied Science in Bremen, Germany, where she has also taught courses in political science. She graduated in political science from the Freie Universitat Berlin in 1993 and received her PhD from the Institute for Migration Research and Intercultural Studies at the University of Osnabruck in 2003. Her research interests are mainly European politics, and particularly migration and the higher education system.

Mikael Spang received his PhD in Political Science at Lund University, Sweden, and is currently Assistant Professor in Political Science at the School of International Migration and Ethnic Relations, Malmo University, Sweden, where he teaches mainly in the area of human rights. His publications include articles and a book on democracy in Swedish and a study on dual citizenship in Sweden (,Pragmatism all the Way Down? The Politics of Dual Citizenship in Sweden', forthcoming in Thomas Faist [ed.], The Politics of Dual Citizenship).

Agnieszka Weinar was awarded a PhD in Political Science in 2006. She is a researcher at the Centre for Migration Research at Warsaw University. Her current work focuses on migration policy regimes, dis­course on immigration in liberal democracies, immigration theory, immigrant narratives and theories of citizenship. She is the author of the forthcoming book Europeizacja polskiej polityki wobec cudzoziemcow w debatach parlamentarnych 1990-2003 (Europeanization of Polish migration policy, 1990-2003 [Warsaw: 2006]).

List of Abbreviations

AP AsylVfG AufenthG BT DS

CAHAR

CD CDU

Accession partnership Asylverfahrensgesetz (Law on Asylum Proceedings) Aufenthaltsgesetz (Law on Residency of Foreigners) Bundestag Drucksache (Official Bulletin of the Federal Parliament) Committee of experts on the legal aspects of territorial asylum, refugees and stateless persons Council Directive Christlich Demokratische Union Deutschlands

CEE Central and Eastern European countries CIREA Centre for Information, Reflection and Exchange on

Asylum CIS Commonwealth of Independent States COREPER Comite des representants permanents CSU Christlich Soziale Union Deutschlands CTF EC ECHR

ECJ ECRE EEC EMU ENP EP EU FDP FPO ICMPD ILO 10M IV JHA NAFTA NGO NPAA

Consultative Task Force European Community European Convention for the Protection of Human Rights and Fundamental Freedoms European Court of Justice European Council on Refugees and Exiles European Economic Community European Economic and Monetary Union European Neighbourhood Policy European Parliament European Union Freie Demokratische Partei Deutschlands Freiheitliche Partei Osterreichs International Centre for Migration Policy Development International Labour Organization International Organization for Migration Izquierda Unida Justice and Home Affairs North American Free Trade Agreement Non-governmental organization National Programme for the Adoption of the Acquis

xiv

ORA OSCE PD PDS PNV PSOE PP QMV RPP SAA SAP SIS SPD TCN TEU UK UN UNDP UNHCR VIS

List of Abbreviations xv

Office for Repatriation and Aliens Organization for Security and Cooperation in Europe Procedures Directive Partei des Demokratischen Sozialismus Basque National Party Partido Socialista de Obreros Espafioles Partido Popular Qualified majority vote Regional Protection Programme Stabilization and Association Agreement Stabilization and Association Process Schengen Information System Sozialdemokratische Partei Deutschlands Third-country national Treaty on the European Union United Kingdom United Nations United Nations Development Programme United Nations High Commissioner for Refugees Visa Information System