Building upon the concept of migration regime, this open access book brings together the works of scholars who have investigated logics and routines of action in the field of immigration control within a single and innovative theoretical framework. The chapters cover a wide range of policy domains, from visa policy to the externalisation of controls, labour migration to asylum, internal controls towards irregular migration to restrictions for intra-EU mobility. By unravelling organisational strategies and practices across Europe, the book does not only contribute to dismantling the very idea of the European North-South divide in migration but also shows how Europe really works in the field of migration in times of deep economic, asylum and health crises. In this perspective, the book questions the widespread understanding of migration control outcomes as simply the result of more or less effective state policies without considering the embeddedness of the national policy goals and strategies in the dynamic interplay of different economies, institutional cultures and geopolitical positions.
Author(s): Claudia Finotelli, Irene Ponzo
Series: IMISCOE Research Series
Publisher: Springer-IMISCOE
Year: 2023
Language: English
Pages: 333
City: Liège
Foreword
Acknowledgements
Contents
Chapter 1: Introduction: Understanding Migration Controls in Europe
1.1 From Models of Migration Control to Migration Control Regimes
1.2 The North-South Divide as the Undying European Cleavage
1.3 E Pluribus Unum: Bringing Like-Minded Scholars Together
References
Part I: Visa Policy and External Controls
Chapter 2: External Controls: Policing Entries, Enforcing Exits
2.1 Introduction: Do External Control Policies “Converge”?
2.2 A Critique of the Implicit Conceptual Framing of Debates on Convergence
2.3 A Tale of Policy Convergence: Short-Term Visas as a Generalised System of Migration Control
2.3.1 Patterns of Short-Term Visas Issued by European States
2.4 Return and Removal Policies: Failed Convergence and the Inconsistency of the North-South Divide Argument
2.4.1 EU Return Policies: A North/South Divide?
2.5 Conclusions
Appendix A Note on Data
References
Documents Cited
Chapter 3: Practices of External Control: Is There a North-South Divide?
3.1 The Logics of External Control: From Schengen to Italy
3.2 The Practices of External Control: A View from EU Texts
3.3 The Blurring Boundaries of Control Practices
3.4 A Model of “Europeanization” from Below?
3.5 Conclusions
References
Part II: The Externalisation of Control
Chapter 4: A “European” Externalisation Strategy? A Transnational Perspective on Aid, Border Regimes, and the EU Trust Fund for Africa in Morocco
4.1 Introduction
4.2 Theory: Transnational Governmentality, the Transnational Social Field, and Governing Through Aid
4.3 Governing Migration Through Aid in the Western Mediterranean
4.4 What the Implementation of the EUTF Tells About “Externalisation”
4.4.1 De-centring and Re-centring Morocco in the European Border Control Strategy
4.4.2 Heterogeneous Strategies and the NGO-Isation of EU Member States
4.4.3 The EUTF and Morocco’s Migration Diplomacy
4.5 Conclusion
References
Chapter 5: The Genealogy of the External Dimension of the Spanish Immigration Regime: When a Bricolage National Policy Becomes a Driver of Europeanisation
5.1 Introduction
5.2 Top-Down Europeanisation: Spain’s European Obligations and National Apathy
5.3 The Transition: Spain’s Ascent to an Active Role in the Development of the External Dimension of the European Immigration Regime
5.4 Bottom-Up Europeanisation: Spain’s Key Role in the Construction of the External Dimension of Immigration Policy
5.5 Spain: A Model for the External Dimension of Immigration Policies in Europe?
5.6 Conclusions: Reaping the Benefits?
References
Part III: Internal Controls
Chapter 6: Challenges and Ambiguities of the Policies for Immigrants’ Regularisation: The Portuguese Case in Context
6.1 Introduction
6.2 Regularisations in Portugal: In Search of a Policy
6.2.1 A Series of Policy Measures
6.2.2 The Changing Alignment of Interests: The Erosion of the Political Consensus Around Immigration?
6.3 The Portuguese Case in Perspective
6.4 Final Remarks
References
Chapter 7: Knowledge Production Through Regularisation and Ex-Post Regulation Strategies: Italy and Germany Compared
7.1 Introduction
7.2 When the Exception Becomes the Rule: The Role of Regularisations in the Italian Migration Regime
7.3 The Path to “Real” Residence: Forms of Regularisation in the German Migration Regime
7.3.1 From the Suspension of Deportation to Residence Regularisation
7.3.2 Lights and Shadows of Ex-Post Regulation Tools in Germany
7.4 Conclusion: The Significance of Regularisations and Ex-Post Regulations Across Regimes
References
Chapter 8: Differently Similar: The Quest for Migration Control in the Netherlands and Spain
8.1 Introduction
8.2 The Quest for Migration Control: Policies and Implementation
8.3 Internal Controls in Amsterdam and Madrid: A Case Study
8.3.1 Work Controls
8.3.2 Ad-hoc Identity and Documentation Controls
8.3.3 Housing and Healthcare Controls
8.4 Internal Migration Controls in the Netherlands and Spain: Differently Similar?
References
Part IV: Labour Migration Policy
Chapter 9: “Selecting by Origin” Revisited: On the Particularistic Turn of German Labour Migration Policy
9.1 Introduction
9.2 Source-Country Particularism: Germany’s Labour Migration Regime Before 2000
9.2.1 The Pioneer of Labour Migration Policy in Post War-Germany: Guest Worker Recruitment 1955–1973
9.2.2 Exceptions from the Ban After 1973: Migration by Ordinance and Bilateral Agreements in the 1990s
9.3 Triumph of Meritocracy: A Universalized Regime for the Twenty-First Century
9.3.1 First Steps of Farewell to a Labour Migration Policy Based on Countries of Origin: The German Green Card
9.3.2 Qualifications in the Centre: The Immigration Act of 2005 as Paradigm Shift
9.3.3 Implementing the Blue Card – And Much More Than That
9.3.4 The Culmination of Selecting by Qualifications: The Skilled Immigration Act
9.4 Back to the Sixties: The Return of a Policy of “Selecting by Country of Origin”?
9.4.1 Selecting by Origin in the Legal Framework: The Western Balkans Regulation
9.4.2 The Institutional Framework: Labour Demand, Migration Control and Development Cooperation as Drivers of Particularism
9.4.2.1 Triple-Win Programmes, Bilateral Agreements and Skilled Labour Bridges
9.4.2.2 Migration Advisory Centres
9.4.2.3 Recruiting Seasonal Workers
9.5 Discussion and Conclusion: Blurring Boundaries and Unexpected Similarities Between Germany and Southern Europe
References
Chapter 10: The Admission of Foreign Workers to Italy: Closing the “Gap” with Northern Europe
10.1 Introduction
10.2 Northern European Labour Immigration Regimes
10.3 The Italian Labour Immigration Regime
10.3.1 Italian Labour Immigration Regime Mid 1990s – 2008
10.3.1.1 Entry Mechanisms: Annual Quotas and Recruitment from Abroad
10.3.1.2 Regularisations
10.3.1.3 Mobile EU Citizens: Functional Equivalents of Non-EU Labour Immigrants
10.3.2 Italian Labour Immigration Regime 2008–2020
10.3.2.1 Drivers of Policy Change: Economic and Humanitarian Crises and Alternative Sources of Labour
10.3.2.2 Quantitative and Qualitative Changes in Annual Quotas
10.3.2.3 Regularisations
10.3.2.4 The Facilitation of Highly Skilled Non-EU Labour Immigrants
10.4 Differences and Similarities Between the Italian and Northern European Regimes
10.4.1 Differences
10.4.1.1 Admission of Low and Medium Skilled Non-EU Migrant Workers
10.4.1.2 Inflexibility
10.4.1.3 Implementation Gaps
10.4.2 Similarities
10.4.2.1 Entry Mechanisms and Skills
10.4.2.2 Inflexibility and Implementation Gaps
10.4.2.3 Free Movement and Functional Equivalents to Non-EU Labour Migrants
10.5 Conclusion
References
Chapter 11: Seasonal Workers in Agriculture: The Cases of Spain and The Netherlands in Times of Covid-19
11.1 Introduction
11.2 Migration Regimes in the Light of the Governance of MLS
11.3 Spain
11.3.1 Becoming an Immigration Country
11.3.2 Labour Migration Policies
11.3.3 Agricultural Seasonal Work: Past and Present
11.3.4 Working in Times of Covid-19
11.4 The Netherlands
11.4.1 Three Origins of Immigration
11.4.2 Labour Immigration Policies
11.4.3 Seasonal Work: Past and Present
11.4.4 Working in Times of Covid-19
11.5 Conclusion
References
Part V: Intra-EU Mobility
Chapter 12: Migration Policy and Welfare Chauvinism in the United Kingdom: European Divergence or Trend-Setting?
12.1 Introduction: The European Way to Brexit
12.2 Post-war Britain: Between Welfare Chauvinism and European Marketisation
12.3 Global Britain at the Heart of the European Regime
12.4 Austerity and the “Hostile Environment”
12.5 Brexit: Reconfiguring the Migration-Welfare Nexus
12.6 Conclusions: A Very British European Regime?
References
Chapter 13: Turning the Welfare-Migration Nexus Upside-Down: The Case of European Retirees in Spain
13.1 Introduction
13.2 Intra-EU Retirement Migration in Europe and in Spain: An Overview
13.2.1 The Healthcare “Scrounger” Stereotype
13.3 Cross-Border Healthcare Provision for EU Citizens
13.3.1 The European Framework
13.3.2 The Provision of Cross-Border Healthcare in Spain
13.4 Intra-EU Mobility: Between Welfare Restrictions and New Market Opportunities
13.5 Conclusion
References
Part VI: Asylum Policy
Chapter 14: Welcome Culture and Bureaucratic Ambiguity: Germany’s Complex Asylum Regime
14.1 Welcome Culture in the Crisis of 2015 and Afterwards
14.2 Quality Problems in the German Asylum Decision System
14.3 British and Italian Parallels and the Common Tension Between Asylum Principles and the Political Will to Reject Asylum Claims
14.4 The Policies of Backlog and Encampment
14.5 Best Practices in Europe and the Reluctance to Optimise
14.6 Conclusion: Administrative Ambiguity in an Integrative Asylum Regime
14.7 Postscript: The New Regime for Displaced Ukrainians – A Blueprint?
References
Chapter 15: Looking Into Policy Change: How the Italian Asylum Regime Came of Age
15.1 Introduction
15.2 From Infancy to Puberty: The Emergence of the Italian Asylum Regime
15.2.1 Infancy, When You Think That Problems Will Fade Away: The 1990s Emergency Approach
15.2.2 Puberty, When the Adults Ask You to Be Responsible: Towards the Setting Up of Ordinary Measures
15.3 Adolescence, When You Protest Against the Adults: The Management of the Arab Spring’s Refugees
15.4 Coming of Age, When You Cannot Step Back Anymore: The European Refugee Crisis
15.5 Weak Political-Institutional Capacity: The Italian Asylum Regime’s Main Hurdle
15.6 Concluding Remarks
References
Chapter 16: The Greek Asylum Regime: From Latecomer on Reception to Inspirational Model on Asylum Procedures
16.1 Introduction
16.2 Greece’s Asylum Prior to 2015
16.3 The EU-Turkey Statement 2016 and Its Impact on the Greek Reception System
16.3.1 Non-state Actors in Reception
16.3.2 The Local Actors
16.4 Beyond Reception: The Greek Asylum System After the Statement
16.4.1 Reforming Asylum to Fast-Track Returns
16.4.2 The International Protection Act
16.5 The New Pact on Migration and Asylum: Greece an Inspirational Model for Europe?
16.5.1 Screening
16.5.2 Border Procedure
16.5.3 Force Majeure
16.6 Conclusion
References
Chapter 17: Concluding Remarks: Towards a New Conceptualisation of Similarities and Differences in European Migration Controls
17.1 From the North-South Divide to Blurring Boundaries
17.2 The Converging Composition of Migration Inflows
17.3 Europeanisation as Hybridisation
17.4 Framing Difference: Competing Interests and Internal Constraints
17.4.1 The Role of Competing State Interests
17.4.2 Different Types of Internal Constraints
17.5 Conclusion and Outlook
References