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E uropEan V iEw                                                    Volume 5 - Spring 2007




             EuropE         and     ImmIgratIon


 Wilfried     Martens      Editorial:  Europe     and     Immigration   •
 Yasmeen Abu-Laban North American and European Immigra-
 tion Policies: Divergence or Convergence? • Sali Berisha Com-
 mentary: Albanian Migration in Europe —Bridge or Barrier?
 • Thomas Faist and Andreas Ette Between Autonomy and the
 European Union: The Europeanisation of National Policies and
 Politics of Immigration • Diane Finley Canadian Immigra-
 tion: Building Canada’s Future • Franco Frattini Towards
 a Stronger European Immigration Policy • Lawrence Gonzi
 Illegal Immigration: A Maltese View • Simon Green The
 Challenge of Immigrant Integration in Europe • Jim Kolbe
 The Immigration Conundrum: Open Borders or Closed? • Ilkka Laitinen
 Frontex and the Border Security of the European Union
 •     Sandra    Lavenex       Which     European       Asylum    System?
 Security versus Human Rights Considerations in the Europeanisation
 Process • Olena Malynovska Migration in Ukraine: Challenge or Chance?
 • Brunson McKinley Partnerships in Migration: Engaging Business
 and Civil Society in a ‘Whole of Society’ Approach • Rinus Penninx
 Europe’s     Migration     Dilemma:     A    Political    Assessment   •
 Iurie Rosca The Economic Impact of Immigrants on their Home
 Countries: The Example of Moldova • Nicolas Sarkozy Im-
 migration: A Crucial Challenge for the Twenty-First Century •
 Wolfgang Schäuble New Paths for European Migration Policy •
 Ioannis Varvitsiotis Is a Common European Immigration Policy Possible? •
 Jakob von Weizsäcker What Should a Cautious Immigration Policy
 Look Like? • David Willetts Europe: Is Decline Our Demographic Destiny?
 • Zhanna Zayonchkovskaya Russia’s Search for a New Migra-
 tion Policy • Gottfried Zürcher EU Enlargement and Immigration




                                             A Journal of the Forum for European Studies
EUROPEAN VIEW
       European View is a journal of the Forum for European Studies, published by the European People’s Party.
       European View is a biannual publication that tackles the entire spectrum of Europe’s political, economic, social
       and cultural developments. European View is an open forum for academics, experts and decision-makers across
       Europe to debate and exchange views and ideas.

       EDITORIAL BOARD
       Chairman:
       Wilfried Martens, President of the European People’s Party, former Prime Minister, Belgium

       Carl Bildt, Foreign Minister, Sweden
       Elmar Brok, Member of the European Parliament, Germany
       John Bruton, former Prime Minister, Ireland
       Mário David, Member of Parliament, Portugal
       Ingo Friedrich, Chairman of the Forum for European Studies, Germany
       Vicente Martínez-Pujalte López, Member of Parliament, Spain
       Chris Patten, former Member of the European Commission, United Kingdom
       Jan Petersen, former Foreign Minister, Norway
       Hans-Gert Pöttering, President of the European Parliament, Germany
       Alexander Stubb, Member of the European Parliament, Finland
       József Szájer, Vice-Chairman of the EPP-ED Group in the European Parliament, Hungary
       Andrej Umek, former Minister for Science and Technology, Slovenia
       Per Unckel, former Minister of Education and Science, Sweden
       Yannis Valinakis, Deputy Foreign Minister, Greece

       ADVISORY BOARD
       Antonio López-Istúriz, Christian Kremer, Luc Vandeputte, Kostas Sasmatzoglou, Ingrid Goossens, Guy
       Volckaert

       EDITOR-IN-CHIEF
       Tomi Huhtanen

       Assistant Editors:
       Galina Fomenchenko, Mélanie Dursin, Marvin DuBois, Maureen Epp, Richard Ratzlaff, Jennifer Edwards,
       Eduard Friesen, Nicholas Alexandris

       For editorial inquiries please contact:
       European View
       Editor-in-Chief
       10, rue du Commerce - 1000 Brussels
       email: ev@epp.eu
       Tel. +32 2 285 41 49
       Fax. +32 2 285 41 41
       Url: www.europeanview.eu

       The Forum for European Studies is a think-tank dedicated to Christian Democrat and like-minded political
       values, which is engaged in open, comprehensive and analytical debate.

       European View and its publishers assume no responsibility for facts or opinions expressed in this publication.
       Articles are subject to editing and final approval by the Editorial Board.



                 This publication is partly funded by the European Parliament.

2
    European View
cONtENts

• Editorial: Europe and Immigration .............................................................................................................................................................5
  Wilfried Martens

• North American and European Immigration Policies: Divergence or Convergence? ............................................9
  Yasmeen Abu-Laban

• Commentary: Albanian Migration in Europe—Bridge or Barrier? .............................................................................. 17
  sali Berisha

• Between Autonomy and the European Union: The Europeanisation of National
  Policies and Politics of Immigration ......................................................................................................................................................... 19
  Thomas Faist and Andreas Ette

• Canadian Immigration: Building Canada’s Future .................................................................................................................... 27
  Diane Finley

• Towards a Stronger European Immigration Policy ....................................................................................................................... 35
  Franco Frattini

• Illegal Immigration: A Maltese View....................................................................................................................................................... 41
  Lawrence Gonzi

• The Challenge of Immigrant Integration in Europe .................................................................................................................... 47
  simon Green

• The Immigration Conundrum: Open Borders or Closed? ....................................................................................................... 53
  Jim Kolbe

• Frontex and the Border Security of the European Union ........................................................................................................ 57
  Ilkka Laitinen

• Which European Asylum System? Security versus Human Rights Considerations
  in the Europeanisation Process ...................................................................................................................................................................... 63
  sandra Lavenex

• Migration in Ukraine: Challenge or Chance? .................................................................................................................................. 71
  Olena Malynovska

• Partnerships in Migration: Engaging Business and Civil Society
  in a ‘Whole of Society’ Approach ................................................................................................................................................................. 79
  Brunson McKinley

• Europe’s Migration Dilemma: A Political Assessment ................................................................................................................ 87
  Rinus Penninx




                                                                                                                                                                                                             3
                                                                                                                                                                         Volume 5 - Spring 2007
• The Economic Impact of Immigrants on their Home Countries: The Example of Moldova ....................... 95
         Iurie Rosca

       • Immigration: A Crucial Challenge for the Twenty-First Century ................................................................................. 101
         Nicolas sarkozy

       • New Paths for European Migration Policy....................................................................................................................................... 109
         Wolfgang schäuble

       • Is a Common European Immigration Policy Possible?                                                  ..........................................................................................................   115
         Ioannis Varvitsiotis

       • What Should a Cautious Immigration Policy Look Like? ................................................................................................... 121
         Jakob von Weizsäcker

       • Europe: Is Decline Our Demographic Destiny? ............................................................................................................................ 129
         David Willetts

       • Russia’s Search for a New Migration Policy ..................................................................................................................................... 137
         Zhanna Zayonchkovskaya

       • EU Enlargement and Immigration........................................................................................................................................................ 147
         Gottfried Zürcher




4
    European View
Wilfried Martens




                                                            Editorial

                                                Europe and Immigration
                                                       By Wilfried Martens
Throughout history, immigration                                                   and their culture. This has enabled
has altered the development of not                                                immigrants to maintain their language
only Europe but also the rest of the                                              and culture. Stronger ties with their
developed world. The basic motivation                                             country of origin have affected the way
of immigration—to seek better life                                                they integrate to their new homeland
conditions and a prosperous future—                                               and its culture. Immigration has great
remains unchanged. The challenges connected to                         potential to support the nation and its culture.
immigration have also stayed much of the same,                         In purely economic terms, educated immigrants
the main questions being how well immigrants                           integrated into the labour market result in a
integrate with the native population, what the                         smaller initial cost to society than a citizen of the
policies are to facilitate that process and how the                    same age who has been educated and provided
native population perceives immigration—as an                          with healthcare by public funds.2 Countries with
opportunity or a threat.                                               multicultural populations that have managed to
                                                                       resolve their ethnic tensions are obviously more
Today, the majority of American scholars agree                         apt to succeed in a globalised world.
that the large-scale immigration that lasted for
decades is one of the most important reasons for                       But if mismanaged, immigration—especially
the growth of the United States, which enabled                         uncontrolled illegal immigration—has the
it to become a major global force in the early                         potential to create tensions in the host country
20th century. Not often is it mentioned that                           and to put immigrants in an unbearable
back then, just as today, the existing population                      position. Once suspicion becomes established
had fears about how the new immigrants                                 between immigrant groups and native citizens,
from European countries would transform                                this negative sentiment is difficult to change.
society—fears that were expressed on numerous
occasions through rejection and resentment.1                           Is immigration part of the problem or part of
Now, one hundred years later, the United States                        the solution?
is proud of its immigration heritage. The same
phenomenon can be seen in Europe throughout                            Do European politicians face this phenomenon
history: migration has often been confronted                           with enough honesty? With enough urgency?
with scepticism, but surprisingly, the periods in                      And most of all, with a real sense of responsibility?
which it has occurred have been quickly perceived                      Clearly, the European Union needs more legal
as important chapters in the development of a                          immigration, but with the same conviction we
nation and its citizens.                                               have to say that the European Union cannot
                                                                       tolerate illegal immigration.
Obviously, advances in modern technology have
changed the condition of immigrants’ lives.                            Like the rest of the western world, Europe
Cheaper communication and transport costs                              faces a demographic crisis.3 The demographic
have simplified their lifestyle, allowing them                         projections indicate a decline in the EU workforce
to stay in contact with their country of origin                        in the neighbourhood of one million workers


1
    Huntington, S. (2004). Who are we? The challenges to America’s national identity. Free Press.
2
    Sweden’s Bureau of Statistics and Swedish Consumer Agency conducted a study on the average costs to family and society of 20-year-old
    Swedish citizen with high school education. The average cost was EUR 323,000 (Kuntalehti. 3/2007, Immigration saving millions to the
    Swedish Society. Maria Palo (translated from Finnish).
3
    Eurostat ‘Population by age group, gender, in 2000 and 2050, in percentage of total population in each group’, http://www.oecd.org/data-
    oecd/52/31/38123085.xls.                                                                                                                    5
                                                                                                                       Volume 5 - Spring 2007
Editorial: Europe and Immigration




      between 2010 and 2030 as a result of this current                    EU members. In the meantime, it is essential to
      crisis. Immigration is an opportunity to provide                     avoid irresponsible legalisation processes which
      possible solutions for future demographic                            risk creating instability in the EU as a whole.
      challenges that Europe is facing.
                                                                           In order for the native population of Europe to
      Immigration should be used as a tool that                            better feel the positive effects of immigration
      supports the development of a strong and                             and for immigrants to receive a better welcome,
      prosperous EU economy, in which the benefits of                      some principles of immigration policy need to
      immigration are shared across all regions of the                     be developed and clarified. Essentially, these
      European Union. Immigration enriches Europe                          policies need to allow Europe to pursue the
      economically, socially and culturally. Therefore,                    maximum social, cultural and economic benefits
      we need to promote the successful integration                        of immigration.
      of legal immigrants into the European Union,
      while recognising that integration involves                          But immigration is not a one-way street
      mutual obligations for new immigrants and EU                         benefiting only Europe. The countries of origin
      Member States.                                                       also can benefit. For that reason, relations
                                                                           between the European Union and third
      The EU as a whole has the obligation to offer                        countries must consider clear migration policies
      an environment that is welcoming and free of                         with a strong emphasis on fighting illegal
      prejudices, respecting the individual rights                         immigration. This would lead to more stability
      of immigrants, offering them possibilities,                          in the countries of origin and would contribute
      and recognising the potential benefits that                          to their development.
      immigration offers to Europe.
                                                                           The question of immigration is a moral
      It goes without saying that Europe needs to make                     responsibility that the European Union has not
      immigration a major priority. The first and most                     only towards the countries ‘exporting’ migrants
      important step would be to create a common                           but also towards itself. For all the reasons
      European migration policy. It should be done                         outlined above, we at the European People’s
      urgently, as the pressures of immigration on                         Party (EPP) have understood this principle and
      the EU are incessantly increasing. This is largely                   have placed immigration high on the agenda of
      due to the fact that illegal immigration attracts                    our priorities.4
      organised crime and provokes abuses and even
      the loss of human lives.                                             How to develop                    policies       for   legal
                                                                           immigration
      The idea of a common legislation with regard
      to immigration is emphasised by the Schengen                         With regard to legal immigration, it is evident
      Convention. Because of the freedom of move-                          that the EU Member States need to implement
      ment within the European Union, a member                             a genuinely organised and well-coordinated
      country practising an irresponsible immigration                      policy on immigration. For this to succeed, the
      policy could open the door to illegal immigration                    responsibilities and financial burdens must be
      for the whole Union and create major problems                        shared amongst all Member States.
      in all the Member Countries. Therefore, there
      is a clear necessity to establish a process of                       In order to successfully implement immigration
      information on national measures in the fields                       policies, Member States need to involve local
      of asylum and immigration as an initial short-                       and regional authorities in their discussions.
      term step towards greater cooperation between                        Furthermore, their assistance would be

      4
          EPP Resolution ‘Illegal Immigration and the European Union’, approved by the EPP Summit in Meise, 14 December 200.




    European View
Wilfried Martens




welcomed in establishing national plans                                 has been an important initiative in developing
targeting integration and employment. Member                            concrete tools for the EU. However, for the
States need to involve all the pertinent levels of                      funds to achieve their purpose it is crucial that
government in decisions concerning the quotas                           they be reviewed and increased periodically,
of foreign workers to be admitted into their                            in accordance with real needs. Also, local and
territories.                                                            regional authorities need to be involved in the
                                                                        management of these funds.
Another important way for the European
Commission and Member States to help the                                There are several regions and cities that are
development of policies, with the cooperation                           particularly affected by an influx of immigration
of local and regional authorities, is by launching                      and lack the means to deal with the masses of
public awareness and information campaigns.                             immigrants.
These should strongly dispel public anxiety
with regards to immigration. In tandem, we                              Based on the principle of solidarity, emergency
could encourage countries of origin to launch                           financial instruments should be created in order
similar campaigns showcasing the benefits of                            to offer assistance to centres with the greatest
legal immigration and denouncing its falsely                            immigration influxes. Financial support for a
perceived dangers.                                                      common immigration policy must take into
                                                                        account the regional differences that exist
EU Member States should strongly consider                               amongst Member States. Clearly, this issue
framing an active policy to facilitate the                              must encourage flexible solutions and follow the
integration of immigrants who have entered                              principle of subsidiarity.
the country legally. Again, this should be done
in close cooperation with the local and regional                        Fighting illegal immigration
authorities. By active policy, we mean a policy that
takes into account the integration of immigrants                        Illegal immigration into the European Union
in the labour market and that encompasses their                         is a growing concern for its Member States.
educational, social and cultural backgrounds.                           Throughout the past year, the countries of the
                                                                        Mediterranean in particular were heavily affected
The EU directives5 relating to immigration                              by massive numbers of people wanting to enter
and integration call for certain programmes                             their territories. This ongoing and aggravating
that should be fully transposed and applied in                          problem has partly been promoted by the massive
Member States. These programmes include                                 legalisation of illegal immigrants in certain
family reunification, equal treatment and                              countries and by the economic situation in their
the statute of long-term residents from third                           countries of origin.
countries. The European Commission needs
to secure adequate financial means in order to                          In a European Union of open borders, illegal
reinforce specific programmes needed to integrate                       immigration does not affect only the countries
immigrants into the political and social life of the                    into which the immigrants enter. Often, they only
host country. These programmes should include                           use the countries as transit points to their final
language training, cultural and civic training,                         destination.
and the teaching of European values.
                                                                        Illegal immigration cannot be condoned—it is
The creation of the European Fund for                                   neither a solution for immigrants nor for their
Integration of Third Country Nationals,7 which                          countries of origin. Illegal immigration creates
has been established for the period of 2007–13,                         marginalisation and dramatic suffering for the

5
    Regulation of the European Parliament and of the Council on Community statistics on migration and international protection.

    Council Directive 2003/8/EC of 22 September 2003 on the right to family reunification.
7
    Ministry of Freedom, Security and Justice, ‘A common framework for the integration of third-country nationals’,
    http://ec.europa.eu/justice_home/fsj/immigration/integration/fsj_immigration_integration_en.htm.
                                                                                                                                             7
                                                                                                                   Volume 5 - Spring 2007
Editorial: Europe and Immigration




      immigrants themselves. Europe’s need for a                           Europe’s borders need to be efficiently
      common strategy to fight illegal immigration and                     controlled. We need stronger cooperation and
      human trafficking cannot be stressed enough.                         solidarity among the Member States, especially
      This can only be achieved by securing the EU’s                       in reinforcing the capacities of the European
      external borders and exploring the establishment                     border protection agency Frontex and in
      of a European surveillance system, linking up                        coordinating sea border patrols. In this respect,
      existing national surveillance systems along with                    the establishment of a common European
      implementing a robust return policy. Obviously,                      Coastguard responsible for securing the sea
      we also need stronger efforts from the European                      borders of the Member States, could also prove
      Union to improve the economic situation in the                       to be particularly useful.9 In the future, Frontex
      countries of origin.                                                 should support and coordinate the national
                                                                           border police units so that EU borders can be
      What are the concrete tools for fighting illegal                     protected efficiently.
      immigration? To start with, there is a clear
      need for reliable statistics in order to fulfil                      Immigration—­an asset of prosperity
      this task. Reliable statistics would permit the
      implementation of an effective migration                             In order for Europe to fully benefit from
      policy in Europe through the use of comparable                       immigration, we have to be able to critically
      information. This needs to be done through the                       evaluate our policies and be open to learning
      European Migration Network8 and its National                         from the success of others. For example, Canada’s
      Contact Points, including regional and local                         society is organised in a way that is fairly similar to
      levels.                                                              many European societies. Canada has experienced
                                                                           a major flow of immigration for decades-in fact
      The EU and its Member States, in cooperation                         more extensive than the majority of countries in
      with local and regional authorities, need to move                    Europe. Nevertheless, in Canada immigration
      towards a form of immigration that is regulated                      is not perceived as a problem and immigration
      in collaboration with the third countries and                        policies are supported by its population.
      transit countries involved. In fact, we should                       Successful actions against illegal immigration
      aim at signing of joint agreements between EU                        and setting clear goals and principles for the
      Member States and the countries of origin in                         implementation of immigration policies have
      order to facilitate the readmission of illegal im-                   benefited both Canada and its immigrants.10
      migrants.
                                                                           Immigration has a complex dynamic, influencing
      Tempting as it may be for a Member State to                          nations and the way societies perceive themselves.
      unilaterally legalise its illegal immigrants en                      At the same time, immigration has very practical
      masse, this is not a solution to the problem of                      short-term and long-term consequences on the
      illegal immigration. This is particularly true if                    economy and its popula-tion. By focusing on
      we take into account the absence of a common                         the real benefits of immigrants, Europe will learn
      immigration and asylum system. Therefore the                         to utilise their rich dynamism to its advantage.
      Commission’s proposal to issue a study in 2007                       In the long run, Europeans will realise that
      on the legalisation practices and effects in the                     immigrants and a good immigration policy are
      Member States is indeed welcome. Plans for                           assets for a prosperous future.
      legalazing illegal immigrants must be discussed
      in advance, as they extensively affect other                         Wilfried Martens is the President of the European
      Member States as well.                                               People’s Party.


      8
         www.european-migration-network.org.
      9
         At the EPP Summit of 15 June 200, Greek Prime Minister Kostas Karamanlis proposed the creation of a European Coastguard.
      10
         See Diane Finley “Canadian Immigration: Building Canada’s Future.” Brussels: European View, Spring 2007 - Volume 5, 27-34.
8
    European View
Yasmeen Abu-Laban




                North American and European Immigration Policies:
                          Divergence or convergence?
                                         By Yasmeen Abu-Laban

                          As transatlantic travel-      differences in history and policy detail evident
                          lers can attest, the          between North American and many European
                          peoples and cultural          countries, and even some differences between
                          landscapes of such            Canada and the United States. By identifying
                          varied urban centres as       divergence within convergence, not only does a
                          New York, Los Angeles,        more nuanced comparative picture emerge, but
Montreal, Toronto, London, Paris and Brussels           a wider range of policy choices is also uncovered.
have been shaped by global migration flows of           I will argue that such nuance is beneficial to our
the post-World War II period. Indeed, since the         collective understanding, to informed public
end of that war, one feature common to many             and partisan debate, and to policymaking.
countries, particularly in the industrialised West,
has been the widespread use of immigration to           Patterns of convergence in Europe and North
meet labour market needs.                               America

By the early twenty-first century, new responses        Several points of convergence characterise
to this shared practice gave rise to the suggestion     Canada, the United States and countries
that there are parallel trends in all labour-           of the European Union, particularly those
importing      countries—whether           European     that were members prior to 2004. First, and
or North American—that override seeming                 not insignificantly, all of these countries are
differences. Specifically, the ‘convergence             demographically diverse in racial, cultural and
hypothesis’ holds that there is a growing               religious terms as a result of post-war migratory
similarity between countries as seen variously in       flows. By the 1980s in countries across Western
policies on integration, immigration and border         Europe that had utilised migrant labour, it was
control, as well as in popular attitudes towards        clear that migrant workers and their descendants
immigrants (Cornelius  Tsuda, 2004, 4). Yet            were, to borrow from a well-known book title of
the convergence hypothesis lacks nuance. Much           the period, “here for good” (Castles et al., 1984).
as one can point to parallels between countries,        Moreover, demographic diversity is in fact the
more detailed cross-national historical, policy         global norm. Statistics show that only about
and attitudinal studies to date also find significant   10% of countries of the world can be said to be
differences between the North American and              ethnically homogeneous (MOST Newsletter,
European context.                                       1995, p. 1).

Rather than assert a position of divergence or          Second, for Canada, the United States and many
convergence, the purpose of this article is to          countries of the EU, immigration itself remains a
consider more closely the ways in which there           reality. Thus, despite efforts aimed at ‘controlling’
are points of divergence within convergence. To         immigration, immigration continues because of
do so, I take a twofold approach. First, I specify      the ‘push’ and ‘pull’ factors that give rise to global
some key ways in which the United States                migration and make countries of these two
and Canada share certain trends with many               continents magnets. A 200 OECD report notes
countries of the European Union. Second, I              that “immigration flows grew rapidly during the
specify ways in which divergence operates within        1990s and are now growing again, using at times
this convergence by highlighting important              irregular or unconventional channels” (OECD,


                                                                                                                    9
                                                                                           Volume 5 - Spring 2007
North American and European Immigration Policies: Divergence or Convergence?




       200, p. 1). It can therefore be expected                             December 2004, a ‘safe third country’ agreement
       that the ethnic composition of many national                           went into effect between Canada and the United
       populations will diversify further, since one                          States (van Selm, 2005). The trend towards
       major feature of contemporary globalisation is                         increased border control has been reinforced as
       the qualitatively distinct nature of international                     a result of the 11 September 2001 attacks in the
       migratory flows both to and from a much wider                          United States, since controlling immigration
       range of countries and world regions than was                          (illegal or otherwise) has come to be linked with
       ever the case historically (Held et al., 1999,                         fighting terrorism (Abu-Laban, 2005).
       p. 297). In this regard it is interesting to note
       that newer EU members such as Poland and                               Fifth, the value or desirability of immigration
       the Slovak Republic are now receiving asylum                           and diversity remains the subject of popular and
       seekers in greater numbers (OECD, 200, pp.                            political debate in all countries. Since the source
       20–13).                                                               countries and class composition of immigrants
                                                                              can vary tremendously, the exact details of these
       Third, countries of Europe and North America,                          debates can vary. For example, in the 1990s
       with ageing populations, costly welfare states                         in Vancouver, Canada, the city council dealt
       and declining work forces in certain sectors,                          with complaints about wealthy immigrants
       are now in a competition with each other,                              from Hong Kong who were accused of
       especially for highly skilled labour. This is giving                   negatively transforming the landscapes of older
       rise once again to the long-standing concern                           neighbourhoods by constructing large ‘monster
       about the possible negative consequences of                            houses’ at the expense of trees (Abu-Laban,
       the ‘brain drain’ for countries of the developing                      1997). However, it is noteworthy that since 11
       world (despite remittances) and generating new                         September 2001 long-standing debates about
       concerns about immigrants ending up in jobs                            the place of Islam in Europe are now finding
       for which they are overqualified (OECD, 200,                          an entirely new echo in Canada and the United
       pp. 1–17).                                                            States, as both popular and political debates
                                                                              have come to focus more squarely on Muslim
       Fourth, since the 1980s there has been increased                       immigrants and their descendants. This was in
       attention to border control and a growing                              evidence in the small rural (and predominantly
       linkage of immigration control with security at                        white and French-speaking) town of Hérouxville,
       both national and regional levels. At the same                         Canada, when the town council introduced in
       time that Project 1992 with its goal of a frontier-                    2007 a controversial code of behaviour expected
       free Europe was unfolding, many migration                              of newcomers that included banning the hijab
       specialists began to talk about a ‘Fortress Europe’                    except on Halloween (CBC News, 2007).
       in relation to citizens from non-EU countries,
       especially those in the developing world                               In liberal democratic countries of Europe and
       (Huysmans, 2000). Since the 1980s, Canada                              North America, there is a commitment to
       has also moved towards extending controls, both                        human rights (including support of the UN
       overseas and at home, and has made greater use                         convention on refugees) as well as individual
       of detention and deportation of asylum seekers                         rights (including freedom of religion and
       (Pratt, 2005). Likewise, the reinforcement of                          freedom from discrimination based on religion,
       border control between the United States and                           ethnicity or race). Nonetheless, these shared
       Mexico grew steadily over the 1980s and 1990s                          trends of diversity, continued immigration and
       and was identified as another plank in the                             competition for skilled immigrants combined
       building of a “wall around the West” (Andreas                          with uncertainty about the value of diversity
        Snyder, 2000). Certain trends evident within                         and implementation of increased border control
       the EU (e.g. the Dublin Convention governing                           not only seem contradictory, but also mean that
       refugees) now find parallels in North America: in                      the policy terrain is far from smooth. What is


10
     European View
Yasmeen Abu-Laban




interesting is that this terrain has been negotiated                       histories, such as France, which made heavy
in different ways.                                                         use of migrant labour from the mid-nineteenth
                                                                           century onwards (Verbunt, 1985, 127), it
Patterns of divergence in Europe and North                                 is significant that neither immigration nor
America                                                                    recognition of ethnic variation (through census
                                                                           questions, for example) found expression
The divergences evident between North America                              in French understandings of nationhood,
and Europe pertain to national histories                                   which were profoundly shaped by the French
and national self-definitions in relation to                               Revolution and its implied ‘fusion’ of the people
immigration; the nature of legal and illegal                               (Noiriel, 1992). In contrast, the narratives of
immigration flows, historically and today;                                 settler colonies tend to be oriented toward the
and the manner in which specific aspects of                                future, rather than the past; that is, ‘the nation’
integration policy—such as the actual rules                                is always becoming, and thus there is some
governing citizenship acquisition—have been                                greater space for redefining ‘the nation’ through
approached.       Additionally,    contemporary                            successive waves of immigration (Abu-Laban 
researchers attuned to globalisation and regional                          Lamont, 1997).
integration have observed how North America,
as defined through the 1994 North American                                 In concrete expressions, this has meant that both
Free Trade Agreement between Canada, the                                   American and Canadian politicians and publics
United States and Mexico, has produced a                                   frequently link the ideas of immigration and
regime governing the mobility of people that                               nation, and make use of metaphors that highlight
is different from that of the European Union.                              diversity. Consider, for example, American
This is because ‘the free movement of peoples’ is                          President John F. Kennedy’s book A Nation of
not a stated goal of the North American project,                           Immigrants (193); or more recently, President
in contrast to the European one. Each of these                             George W. Bush’s advocation in 200 to be open
points of divergence will be considered in turn.                           to the possibility of extending US citizenship to
                                                                           some long-residing illegal immigrants as a way to
Narratives of the nation                                                   “honor the tradition of the melting pot, which has
                                                                           made one nation out of many peoples” (Office of
An important aspect of comparative immigration                             the Press Secretary, 200). While the metaphor of
research has been facilitated by attention to                              ‘the melting pot’ has had long-standing purchase
different national narratives concerning the                               in the United States, the metaphor of choice in
connection (or disconnect) between ‘nation’,                               Canada has been that of ‘the mosaic’ (reflected
immigration and diversity. The most evident                                in the Canadian government’s 1971 policy of
outcome of this focus shows up in the kind                                 multiculturalism within a bilingual English and
of language that structures how countries are                              French framework).
frequently categorised within migration research.
For example, countries formed through settler                              It is also important to note that despite ongoing
colonization—such as Canada and the United                                 polls (e.g. The Dominion Institute, 2005)
States—are typically designated ‘traditional’                              that frequently find little difference between
or ‘classic’ immigration countries; countries of                           Americans and Canadians when it comes to
Europe are designated as simply ‘European’,                                attitudes towards minorities and newcomers, at a
‘new’ or even sometimes ‘reluctant’ countries                              popular level in Canada ‘the mosaic’ is seen to be
of immigration.1 Thus while there are some                                 different from ‘the melting pot’. This is because
European countries with long immigration                                   for many Canadians ‘the melting pot’ is perceived


1
    See for example, the categorizations used in Cornelius et.al., 2004.




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North American and European Immigration Policies: Divergence or Convergence?




       to be a vehicle for assimilation, whereas ‘the                         United States has based admission on the right
       mosaic’ is seen to allow for the coexistence (and                      to live permanently in the country and to acquire
       thus expression) of linguistic, cultural and ethnic                    citizenship. Put differently, although both
       diversity (Reitz  Breton, 1994, p. 81). As a                          Canada and the United States have made use
       result, for many Canadians today (especially for                       of temporary labour, particularly in the area of
       English speakers outside the province of Quebec)                       agriculture, such programs have been small. The
       the mosaic versus multiculturalism distinction is                      difference in this tradition shows up in the fact
       believed to be a point of national differentiation                     that the term ‘migrant’, which is used in many
       between Canada and the United States. The                              European countries, has next to no policy or
       salience of this distinction was captured in an                        popular purchase in either Canada or the United
       unusually popular beer advertisement featuring                         States, since the term of choice is ‘immigrant’.
       ‘Joe Canadian’ that ran in English in Canada in                        Additionally, while large-scale labour importation
       the early 2000s. Joe Canadian’s ‘rant’ (which                          in European countries declined significantly in
       was especially well received at sporting events in                     certain periods (particularly after 1973/74), for
       Canada) stressed that he had a “prime minister,                        both Canada and the United States the quest
       not a president”; that he spoke “English and                           for workers has remained relatively steady in
       French, not American”; and that he believed in                         the post-war period. The 2000 US census shows
       “diversity, not assimilation”.                                         that 11.1% of US citizens are foreign born, and
                                                                              the 2001 Canadian census shows that a sizeable
       Notwithstanding the ongoing debate over                                18.4% of Canadian citizens are foreign-born
       whether attitudes are different between                                (Boyd, 200, p. 1).
       Canada and the United States, Canada was
       the first country to introduce an official policy                      Historically, both Canada and the United States
       of multiculturalism, which was followed by                             gave entry and settlement preference to British-
       the 1982 entrenchment of multiculturalism                              origin Protestants. However, since 195 in
       in the Canadian constitution. Although                                 the case of the United States and 197 in the
       multiculturalism policy has been subject to                            case of Canada, these explicit discriminatory
       criticisms from a number of angles and has shifted                     barriers have been removed. In both countries
       in response to some of these criticisms, it has                        immigration legislation developed a new em-
       long been upheld by its defenders in and outside                       phasis on attracting immigrants with skills. This
       government as conducive to fostering inclusion,                        feature was especially strong in Canada, which
       avoiding tension and creating national unity.                          in 197 introduced a point system (still in effect
       Given these factors, it is perhaps not surprising                      today) that numerically assesses independent
       that in 2007 the Canadian Broadcasting                                 applicants (those who are not seeking entry
       Corporation (a crown corporation of the                                on the basis of family membership or refugee
       Canadian government) aired a new television                            status) on education, training and knowledge
       comedy entitled Little Mosque on the Prairie.                          of the official languages of English and French.
       The show finds humour in the interactions, the                         As a result, many immigrants to both countries
       differences, and the many points in common                             have gone directly into professional jobs without
       between Muslims and non-Muslims living in a                            having to first play a more subservient role in
       fictional small Canadian town.                                         the economy.

       Immigration flows                                                      Additionally, while in many European countries
                                                                              migrants came from former overseas colonies
       In contrast to the guest worker schemas adopted                        (accounting for the large numbers of Algerians
       by many European countries in the years                                in France and Surinamese in the Netherlands),
       following World War Two, the primary legislation                       in the case of Canada and the United States the
       governing immigration in both Canada and the                           source countries for immigrants have reflected


12
     European View
Yasmeen Abu-Laban




somewhat different patterns. Mexico was the                               for selecting all immigrants and refugees abroad
lead immigration country for the United States                            who are destined for Quebec. Like the federal
in 2004, followed by India, the Philippines,                              government, Quebec uses a point system of
China and Vietnam (OECD, 200, p. 225). For                               selection, but favours immigrants who are French-
Canada, China was the lead country in 2004,                               speaking. Actual admission to Canada remains a
followed by India, the Philippines, Pakistan and                          competency of the federal government.
the United States (OECD, 200, p. 173).
                                                                          Integration policies
The United States, like many countries of Europe,
has focused heavily on illegal immigration flows                          Policies addressing integration cover a wide
since the 1980s, a feature that is in part tied to its                    range of spheres, from the economic to the
geographical proximity to Mexico, a major source                          social to the political, designed to ensure
country for both legal and illegal immigration.                           that both newcomers and the host society
In the case of the United States, concern over                            make accommodations. There is now much
illegal flows remains strong today, provoking                             comparative work addressing the relative success
passionate responses (as seen in the large protests                       of various approaches in all these spheres as a
of 200 against proposed legislation raising the                          result of the international Metropolis project,
penalties for illegal immigration and treating                            which brings together academics, policymakers
illegal immigrants and those who aided them                               and NGOs. Metropolis has been supported by a
as felons). In contrast to both the United States                         number of countries (including Canada and the
and Europe, Canada has not been preoccupied                               United States) as well as by the EU Commission.
with illegal immigration flows, a feature that                            Such research is critically important to a full
may stem largely from its geographic distance                             consideration of the similarities, differences and
from any source country. Indeed, whereas there                            best practices of countries in Europe and North
is a long tradition of attempting to estimate the                         America.2
numbers of illegal immigrants in the United
States (currently numbering about 10 million),                            A couple of points stand out, however, in
in the case of Canada there is no solid research                          addressing certain aspects of integration. Canada
on this topic (Boyd, 200, p. ).                                         and the United States share a jus soli citizenship
                                                                          tradition, and both countries allow for the
Perhaps as a result of the fact that illegal                              possibility of dual citizenship (although it is not
immigration in Canada is a relative non-issue,                            encouraged in the United States). As suggested,
immigration itself has not been as divisive                               the relative ease with which immigrants can
an issue within or between political parties                              acquire citizenship itself and the fact that both
in Canada as it has in the United States, and                             Canada and the United States view immigrants as
particularly in many countries of Europe.                                 permanent makes for some distinction between
Another relatively distinct feature of immigration                        these two countries and what has transpired in
in Canada (a federal state) is that immigration is                        many countries of post-war Europe.
constitutionally defined as a concurrent area of
federal and provincial jurisdiction. As a result,                         Additionally, some recent work addressing the
the province of Quebec, home to a majority                                question of political integration specifically
of French speakers, has been able to assert its                           suggests that there may be some important
powers in the sphere of immigration. These                                differences between Canada and the United
efforts culminated in the 1991 Canada-Quebec                              States. Irene Bloemraad (200) finds that
Accord, which gives Quebec sole responsibility                            the same immigrant groups (Portuguese and


2
    To access Metropolis Canada, as well as Metropolis International, see http://www.metropolis.net.




                                                                                                                                    13
                                                                                                           Volume 5 - Spring 2007
North American and European Immigration Policies: Divergence or Convergence?




       Vietnamese) are much more likely to acquire                            borders (for trade) and reinforcement of borders
       citizenship, get elected to political office and be                    (in relation to people).
       involved in community organising in Canada
       than in the United States. She attributes this                         conclusion
       to the Canadian federal government’s relatively
       generous support for settlement services, as well                      Despite evident similarities and differences
       as to official multiculturalism. This then suggests                    within and between North America and Europe,
       that not only planning for permanent settlement                        the above analysis suggests that realistic policy
       but also supporting this settlement through                            responses require at a minimum that the reality
       government programs is important for ensuring                          of ongoing immigration be recognised and that
       positive outcomes.                                                     there be long-term planning in keeping with
                                                                              liberal democratic principles supporting human
       Regional context                                                       rights, individual rights and inclusion. In this
                                                                              regard, the evolving European Union, with its
       A final difference that should be explored relates                     emphasis on granting mobility and other rights
       to the regional dimension of Europe and North                          to EU citizens, offers a distinct regional response
       America. Although the 1994 North American                              that finds no parallel in North America—or
       Free Trade Agreement (NAFTA) between                                   anywhere else in the world. On the other hand, the
       Canada, the United States and Mexico has                               North American tradition of viewing immigrants
       led to the growing integration of the national                         as permanent, of extending them citizenship, and
       economies of the three member countries, and                           of defining them as part of the nation (reinforced
       correspondingly to more attention to both                              in Canada with a policy of multiculturalism and
       multilateral and bilateral (US-Canada and US-                          settlement service programs) offers another set
       Mexico) mechanisms governing the flows of                              of practices responding to liberal democratic
       people, there is a marked difference from the                          norms. These different approaches provide
       European Union. The European Union accords                             citizens and policymakers of both continents
       the right of mobility and residence to all EU                          with an opportunity to learn from each other’s
       citizens (with newer EU Member States being                            experiences, and hopefully thereby improve on
       phased in), while the NAFTA arrangement                                current practices and policies.
       simply allows for the expedited temporary entry
       of business people and professionals. Moreover,
       in its first decade of operation, not only was
       access to the American labour market through                           Yasmeen Abu-Laban is an Associate Professor in the
       NAFTA enjoyed more by Canadian nationals                               Department of Political Science at the University of
       than Mexican ones (because Mexicans were                               Alberta (Canada).
       required to get visas and because the United
       States put a cap on NAFTA flows; see Gabriel
        MacDonald, 2004, p. 78), but the border
       between Mexico and the United States was
       fortified.

       In short, while Mexico and Canada have
       embarked on signing bilateral ‘smart border’
       accords with the United States since 2001
       to ensure continued access to the American
       market, there is nothing approaching a ‘North
       American citizenship’. North America is instead
       characterised by the paradoxical erasure of


14
     European View
Yasmeen Abu-Laban




References

Abu-Laban, Y. (1997). Ethnic politics in a           Cornelius, W., Tsuda, T., Martin, P. and Hollified,
globalizing metropolis: The case of Vancouver.       J (Ed:). (2004). Controlling immigration: A global
In T. Thomas (Ed.), The politics of the city: A      perspective (Second Edition). Palo Alto: Stanford
Canadian perspective (pp. 77–95). Scarborough:       University Press.
ITP Nelson.
                                                     Cornelius, W.,  Tsuda, T. (2004). Controlling
Abu-Laban, Y. (2005). Regionalism, migration         immigration:     The limits of government
and fortress (North) America. Review of              intervention. In Cornelius et.al., 2004 (pp. 3-
Constitutional Studies, 10 (1  2), 135–2.          48).

Abu-Laban, Y.,  Lamont, V. (1997). Crossing         The Dominion Institute. (2005). Illusion
borders: Interdisciplinarity, immigration and the    that Canada’s a multicultural mosaic and the
melting pot in the American cultural imaginary.      United States is a melting pot. 15 May. http://
The Canadian Review of American Studies 27 (2)       www.dominion.ca/americanmyths/2005_
(September-October), 23–43.                          multiculturalism.pdf

Andreas, P.,  Snyder, T. (Eds.).(2000). The wall    Gabriel, C.,  MacDonald, L. (2004). The
around the West: State borders and immigration       hypermobile, the mobile and the rest: Patterns of
controls in North America and Europe. Lanham:        inclusion and exclusion in the emerging North
Roman and Littlefield.                               American migration regime. Canadian Journal
                                                     of Latin American and Caribbean Studies 29(57
Bloemraad, I. (200). Becoming a citizen:             58),7-91.
Incorporating immigrants and refugees in the
United States and Canada. Berkeley: University       Held, D., McGrew, A., Goldblatt, D. 
of California Press.                                 Perraton, J. (1999). Global transformations:
                                                     Politics, economics and culture. Stanford: Stanford
Boyd, M. (200). Gender aspects of international     University Press.
migration to Canada and the United States.
Paper given at the International Symposium           Huysmans, J. (2000). The European Union
on International Migration and Development,          and the securitisation of migration. Journal of
Population Division, Department of Economic          Common Market Studies, 38(5) (December),
and Social Affairs, United Nations Secretariat.      751–77.
Turin, June.
                                                     Kennedy, J.F. (193). A nation of immigrants.
Castles, S., with Booth, H.  Wallace, T.            New York: Harper and Row.
(1984). Here for good: Western Europe’s new ethnic
minorities. London: Pluto Press.                     MOST Newsletter 3. (1995). June. http://www.
                                                     unesco.org/most/newlet3e.htm
CBC News. (2007). Muslim groups to launch
complaint over town’s immigrant code. 5 February.    Noiriel, G. (1992). Difficulties in French
http://www.cbc.ca/news/story/2007/02/05/qc-          historical research on immigration. In D.L.
reasonableaccommodation20070205.html                 Horowitz  G. Noiriel (Eds.), Immigrants in two
                                                     democracies: French and American experience (pp.
                                                     –79). New York: New York University Press.




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       OECD. (200). Organization for Economic
       Co-operation and Development, International
       migration outlook: SOPEMI. Paris: OECD.

       Office of the Press Secretary. (200). President
       Bush addresses the nation on immigration
       reform. May 15. http://www.whitehouse.gov/
       news/releases/200/05/2000515-8.html

       Pratt, A. (2005). Securing borders: Detention and
       deportation in Canada. Vancouver: UBC Press.

       Reitz, J.G.,  Breton, R. (1994). The illusion of
       difference: Realities of ethnicity in Canada and the
       United States. Toronto: C.D. Howe Institute.

       van Selm, J. (2005). Immigration and regional
       security. In E. Guild  J. van Selm (Eds.),
       International migration and security: Opportunities
       and challenges (pp. 11–27). London and New
       York: Routledge.

       Verbunt, G. (1985). France. In T. Hammar
       (Ed.), European immigration policy: A comparative
       perspective (pp.127-14) Cambridge: Cambridge
       University Press.




1
     European View
Sali Berisha




       commentary: Albanian Migration in Europe—Bridge or Barrier?
                                           By Sali Berisha



                         At last year’s Festival     Albanian migrants have indeed been a valuable
                         di Sanremo, Italy’s         force in helping Albania develop as an economy
                         most important annual       and a democracy and, most importantly, in
                         music event, one of         bridging the divide between Albania and other
                         the contestants who         European countries that was created over more
                         captivated the hearts       than 50 years of communist rule.
of Italians was Elsa Lila, a young Albanian girl
living in Italy for the past 10 years. Her success   Due to their generally young age, hard work
at the Festival is a measure of the integration of   and in particular their investment in education,
Albanian migrants into European societies and        Albanian migrants quickly overcame the image
their contribution in bringing together cultures,    problem that every migrant group initially faces,
people and countries.                                and soon integrated into the new-found Euro-
                                                     pean societies.
In 1990, Albania emerged out of communism
as a country looking for light after almost 50       Today Albanian migrants in all European
years of extreme isolation from the entire world,    countries, from Norway to Greece, are diligent
a country where religion, western thought and        workers, entrepreneurs, intellectuals, entertainers
philosophy, foreign culture, literature, music       and more. Albanian migrants have excelled in
and western products were strictly forbidden         business, art, culture, sports and other areas,
and almost unknown.                                  and have won the respect of their peers and the
                                                     public. The first violins of La Scala in Milan,
Since the first days after the collapse of the       the Munich Philharmonic Orchestra and the
communism, waves of migrants have flowed             Opera of Paris are Albanians. Many Albanians
out of the country, mainly towards Western           today are professors and academics in the most
Europe and in particular to Greece and Italy.        important universities and research centres
Leaving behind the most totalitarian country in      throughout Europe. Albanian workers, engineers
Europe, they were forced to migrate mainly due       and specialists were the most important working
to poverty, but were also driven by the urge for     force in building the venues and facilities for
freedom, knowledge and education.                    the Olympic Games in Athens, a contribution
                                                     that was acknowledged and valued by Greek
Now, 17 years later, almost one million Albanians    authorities. In particular, in Greece and Italy,
live and work abroad, more than 90% of them          where the concentration of Albanian migrants
in Western Europe. This is 25–30% of Albania’s       is the greatest, they have become an important
population, or approximately 35% of its labour       contributing factor to society.
force.

Such a migration flow is unparalleled in every       Such achievements have improved the image
regard by that of any other European country.        and knowledge of Albania throughout Europe,
Also unique has been the role of Albanian            helping the country become known to the
migration in the country’s development and its       peoples of Europe.
integration into the rest of Europe.



                                                                                                               17
                                                                                      Volume 5 - Spring 2007
Commentary: Albanian Migration in Europe—Bridge or Barrier?




       But Albanian migrants have also shown a concrete                  We are optimistic that in the coming years
       sense of solidarity with their country and their                  Albanian migrants in Europe will become an even
       families. Their remittances have been a major                     stronger force, not only for the development of
       source of income for thousands of Albanian                        the country, but also for our efforts at European
       families and the entire economy. Without such                     integration. To this end, the Government will
       support, which counts for approximately 10–15%                    continue to give all its support to emigrants for
       of the country’s GDP every year, our economic                     their integration into European societies and
       domestic progress would not have been possible.                   their eventual return to Albania.
       Albanian migrants in Europe have at the same
       time been a very strong source of Europeanism
       for Albanians. If Albania is the most pro-EU
       country in Europe, this is also a credit to our                   Sali Berisha is the Prime Minister of Albania.
       emigrants. They have been the ones promoting
       European culture, values and attitudes to their
       families and their countrymen.

       This contribution has increased dramatically in
       the past years, due to the fact that many mi-
       grants are returning to Albania after years of
       work and education in Europe. Many of them
       are investing the savings and skills gained abroad
       in economic activities, very often together with
       European businessmen. Others who are West-
       ern-educated are being reintegrated into public
       administration, civil society and private sector
       management positions. In such positions they
       are instilling European approaches and values
       throughout Albanian society, acting as real am-
       bassadors for our European integration.

       Conscious of their valuable contribution, the
       Albanian Government, in cooperation with
       other European governments and international
       organisations, is developing special policies
       and programmes to incentivise investments in
       Albania by Albanian emigrants. At the same
       time, a major Brain Gain Programme1 is already
       in place and is assisting hundreds of western-
       educated Albanians to be involved in the public
       sector. In addition, this programme has also
       enlisted the support of many Albanians who
       work in academic and research positions in
       Europe, involving them in policy discussions for
       the country’s major programmes.



       1
           Programme jointly sponsored by the Albanian Government and the United Nations Development Programme (UNDP).




18
     European View
Thomas Faist and Andreas Ette




              Between Autonomy and the European Union:
    The Europeanisation of National Policies and Politics of Immigration
                                By Thomas Faist and Andreas Ette

                        In comparison to other     is known about the extent of the impact that
                        policy areas, migration    international and European influences, in
                        and residence have         particular, have had on these national reforms.
                        only recently begun        What role does and can the EU play in the
                        to acquire a Euro-         increasingly multilevel approach to regulating
                        pean dimension. Thus,      migration? If there is a European influence,
recent years have seen significant changes in      what is the nature of that influence: are national
the direction of stronger European regulation,     immigration policies moving toward a similar,
accompanied by a transfer of competencies from     shared model, or does the Europeanisation of
the national to the European level and shifts in   national policies lead to greater divergence?
the modes of European policy-making. What          Studies of the process of policy Europeanisation
began as intergovernmental cooperation among       in other areas have shown that it varies greatly
Member States has become a form of ‘intensive      from one country to another. Do these findings
transgovernmentalism’, with further moves          hold true for immigration policies as well, and,
toward the traditional Community method as         if so, how can these differences in the European
powers have increasingly been transferred from     impact be explained?
the national to the EU level (Lavenex  Wallace,
2005).                                             Furthermore, past discussions of the theory of
                                                   European integration of immigration policies
In parallel with these developments at the         have concluded that national political constraints
European level, over the last two decades all      provided a major rationale for policymakers to
the European countries with significant levels     ‘escape to Europe’. How does the establishment
of immigration have overhauled their national      of a harmonised policy at the European level go
immigration policies. Thus, Germany revamped       on to affect the domestic politics of immigration?
its asylum policy in 1992 and introduced its       The research available to date is contradictory on
first-ever comprehensive immigration act in        these questions, mainly because there is “little
January 2005. In the United Kingdom, four          systematic empirical research on how European
major immigration acts have been produced          developments ‘hit home’ at the national level”
since 1999. Likewise, the Spanish ‘Alien Law’      (Vink, 2005, p. 4).
has undergone three major reforms in recent
years; the government of Poland introduced key     In order to shed light on these questions, we have
legislation in 2001 and 2003; and work is in       undertaken a systematic comparative analysis
progress in Turkey on a new ‘Law of Settlement’    of the Europeanisation of national policies and
to replace the existing act, which dates back to   politics of immigration (Faist  Ette, 2007).
1934.                                              The study looks at core Member States of the
                                                   European Union, such as Germany, the United
Immigration experts have devised different         Kingdom, Sweden, Spain and Greece, and also
models to explain the varieties of national        analyses the impact of the EU on New Member
immigration policies (for a recent review, see     States such as Poland, and potential future
Hollifield, 2000). However, comparatively little   accession states, such as Turkey and Albania.




                                                                                                               19
                                                                                    Volume 5 - Spring 2007
Between Autonomy and the European Union: The Europeanisation of National Policies and Politics of Immigration




       The history of European integration of                                  communitarisation, marked by the Treaty of
       immigration policies                                                    Amsterdam. The Treaty brought immigration
                                                                               policies into the Community pillar by creating
       European integration of national immigration                            a new Title IV, and incorporated the Schengen
       policies has progressed in four periods. The first,                     Agreement into the acquis communautaire.
       from 1957 to 198, was characterised by minimal                         Determined to increase the degree of integration,
       involvement in national immigration policies.                           the European Council summit in Tampere in
       Immigration policies fell under national control,                       1999 set out a five-year action programme on
       and initiatives by the European Commission                              the central measures of a common European
       toward closer EU cooperation within the                                 immigration policy. Five years later, in June 2004,
       traditional community method of decision-                               the Commission published its final assessment
       making were regularly declined. During this                             of the original Tampere programme, stating that
       period, however, significant cooperation on these                       “substantial progress has been made in most
       questions took place outside the EU’s traditional                       areas of justice and home affairs.” Because of the
       structures. Examples include the Trevi group,                           intergovernmental decision-making procedures
       which was established by European Member                                based on unanimity in the Council of Ministers,
       States during the 1970s to cooperate on internal                        however, “it was not always possible to reach
       security measures, and, crucially, the 1985                             agreement at the European level for the adoption
       Schengen Agreement concerning cooperation on                            of certain sensitive measures relating to policies
       the mutual abolition of internal border controls                        which remain at the core of national sovereignty”
       and the development of compensating internal                            (Commission of the European Communities,
       security measures.                                                      2004, p. 3–4).

       These intergovernmental forms of cooperation                            Major obstacles relating to the decision-making
       helped to shape cooperation during the second                           structures and the scope of integration were
       period, from 198 until 1993. That period was                           overcome in December 2004, when the Council
       characterised by informal intergovernmentalism,                         decided that, beginning on 1 January 2005,
       in which representatives from the Member                                decision-making on EU immigration policies
       States engaged in a process of closer cooperation.                      (with the exception of legal immigration) would
       Examples are the Ad Hoc Working Group                                   become subject to qualified majority voting
       on Immigration, established in 198, and                                (QMV) and the co-decision procedure with the
       the group of coordinators that prepared the                             European Parliament (EP), thus providing for
       Palma Programme, dealing with the security                              serious supranationalisation of this policy area.
       implications of the free-movement measures in                           Finally, attempts by migrants to enter the EU
       the Union’s Single European Act.                                        illegally through the Spanish enclaves of Ceuta
                                                                               and Melilla in autumn 2005 lent urgency to the
       The third period, from 1993 until 1999, was                             desire for further integration, by showing the
       shaped by the Maastricht Treaty and its structure                       weaknesses of a migration policy that focuses
       of formal intergovernmental cooperation. The                            primarily on migration control while neglecting
       three-pillar structure of the EU made integrated                        the root causes of migration (Boswell, 2003).
       immigration policies under the EU a reality, and
       recognised immigration issues as being of com-                          Defining Europeanisation
       mon interest. The decision-making structures in
       the third pillar, however, ensured that cooperation                     For our comparative analysis, we broadly defined
       remained strictly intergovernmental.                                    Europeanisation as the impact that the European
                                                                               Union has on its Member States. More specifi-
       The current period, beginning in the late                               cally, we followed the work of Bulmer and Radael-
       1990s, has been characterised by increasing                             li (2004, p. 4), who defined Europeanisation


20
     European View
Thomas Faist and Andreas Ette




as consisting of “processes of a) construction,       of change. Absorption refers to a situation where
b) diffusion and c) institutionalisation of           domestic policies or politics adapt to European
formal and informal rules, procedures, policy         requirements without real modification of the
paradigms, styles, ‘ways of doing things’ and         essential national structures of policies or politics.
shared beliefs and norms which are first defined      Transformation occurs if there is a change in the
and consolidated in the EU policy process and         fundamental logic of the domestic policy or
then incorporated in the logic of domestic            political behaviour. Finally, retrenchment means
(national and sub-national) discourse, political      that the situation in a Member State becomes
structures and public policies.”                      less ‘European’ than it had been.

This definition provides us with a broad              The second research question concerns how
framework for understanding multi-level               the European impact is felt, and what the
governance interactions in Europe, and makes          differences are in the European impact among
it clear that Europeanisation is a two-way            the different countries under consideration.
process—bottom-up and top-down—between                Theoretical attempts to account for varying
the Member States and the EU. It acknowledges         patterns of Europeanisation focus mainly on
that any comprehensive explanation of Member          the ‘quality of fit’ between policies and politics
State responses to the EU requires an analysis of     at the European and the domestic level (for an
how the two processes interact (see, for example,     overview, see Mastenbroek, 2005 and Risse,
Börzel, 2005). For purposes of clarity, we            2001). By contrast, our analysis follows the work
limited our research to the top-down process of       done by Scharpf (1999), differentiating between
Member State adaptation to the EU, as opposed         two fundamental modes of Europeanisation to
to European integration, understood as the            account for the differences in the EU’s impact
bottom-up process of Member States projecting         on the national policies of Member States and
influence. We therefore followed the usual three-     other countries. The two modes—prescriptive
step approach. The process of Europeanisation         and discursive Europeanisation—are different
starts with the development of a governmental         “types of interaction” (Scharpf, 1999) or
system and particular policies at the European        “steering modes” (Knill  Lenschow, 2005) that
level. These political structures and European        characterise ideal-type patterns of governance in
policies then create pressure for domestic policies   the multi-level European immigration policy.
and policy-making processes to be adapted. The        They differ according to the degree of coercive
third stage, or endpoint, of this process consists    pressure the EU can exert on a particular state to
of national policies and politics being adapted to    change its policies.
EU-level developments.
                                                      The first mode—prescriptive Europeanisation—
Extent and modes of Europeanisation                   is concerned with national re-regulation in
                                                      cases where the EU provides institutional
Following on from this definition, we formulated      models for domestic compliance. Prescriptive
two substantive research questions for our            Europeanisation is a form of coercive governance,
comparative work. The first was to determine          defined as legally binding European legislation
the extent of Europeanisation, and the second,        that leaves little or no discretion to the national
to improve our understanding of why and how           implementer. Member States are obligated to
Europeanisation occurs in national policies and       ensure that these supranational policies are
politics of immigration. For the first question,      put into practice. In this mode the EU exerts
we followed the typology developed by Radaelli        considerable coercive pressure on a Member
(2003), who differentiates between four types of      State. In contrast, the second mode—discursive
change: inertia, absorption, transformation and       Europeanisation—largely          dispenses     with
retrenchment. Inertia describes a situation of lack   coercion. There is no legally binding prescription


                                                                                                                    21
                                                                                         Volume 5 - Spring 2007
Between Autonomy and the European Union: The Europeanisation of National Policies and Politics of Immigration




       of institutional models for domestic compliance;                        led to the Dublin Convention and the London
       rather, these models offer non-binding sugge-                           resolutions. In contrast, the years after 1999
       stions to guide national policy-makers in the                           have seen minimal national policy changes
       search for regulatory solutions to certain policy                       resulting from EU initiatives. The sole exception
       problems. In such a situation, the EU serves                            is policies on human trafficking and smuggling,
       mainly as an arena for the exchange of political                        for which the UK adopted the European policy
       ideas and promotes information exchange in                              framework, in the absence of an existing British
       transnational networks. The best-known example                          policy on the matter.
       is the open method of coordination.
                                                                               In the case of all other European policies, the
       ‘Old’ versus ‘new’ Member states: different                             British government responded to European
       national experiences with Europe                                        requirements by introducing minor changes
                                                                               only, or by opting out. The British case provides
       With regard to the impact of the EU on national                         a prime example of the usefulness of the modes
       policies and on the politics of immigration,                            of Europeanisation in explaining the European
       two main findings will be discussed here. The                           impact on national immigration policies. The
       first concerns differences between countries in                         relationship between the extent and mode
       the extent of the European impact on national                           of Europeanisation is even more obvious in
       immigration policies, which form a continuum                            the case of Germany. Germany is often seen
       ranging from inertia or minor changes in                                as the ‘poster child’ of European integration,
       domestic policies, to transformative and                                actively participating in the process of European
       comprehensive changes at the other end of the                           integration in general and showing particular
       spectrum. The six Member States in our study                            interest in a common European immigration
       can be situated along this continuum, the most                          policy. In line with this image, European
       extreme positions being those of the UK, with                           activities during the 1990s profoundly altered
       only minor alterations, and Poland, with major                          Germany’s immigration policy. In particular, the
       changes to its policy. In between are Germany                           fundamental revamping of Germany’s asylum
       and Sweden, which are closer to the British                             policy with the change in its basic law can be
       pole, and Greece and Spain, which are closer                            directly attributed to European involvement.
       to the experience of Poland. Furthermore, the                           The Amsterdam Treaty, however, marks a
       analysis shows a reciprocal relationship between                        turning point for Germany’s involvement in
       the mode and the extent of Europeanisation:                             the common European immigration policy, as
       discursive modes of interaction lead to greater                         Germany changed “from a vanguard to a laggard”
       national policy change in the case of traditional                       (Hellmann et al., 2005). In contrast to the earlier
       Member States, while prescriptive modes result                          period, European developments after 1999 have
       in a greater extent of Europeanisation in the case                      not, overall, significantly affected Germany’s
       of new Member States.                                                   immigration policy. Neither are any major policy
                                                                               changes expected to come out of the new draft
       Of the countries analysed, the UK shows the least                       bill, announced by the German government in
       EU influence on the original British approach                           January 200, which will incorporate several
       to immigration control, although the situation                          European directives.
       has evolved over time. Overall, the influence
       of European policy approaches on Britain’s                              At the other end of the spectrum is Poland, a
       immigration and asylum policy was greater                               relatively new Member State that joined the
       during the 1990s, prior to the Amsterdam                                EU in the course of the eastern enlargement
       Treaty. Examples from the early 1990s include                           in 2004. Generally, those countries that
       the changes to British asylum policy that came                          joined the club recently have experienced
       about as a result of European initiatives that                          the most comprehensive Europeanisation of


22
     European View
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
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European View - Volume 5 - Europe and Immigration Europe and Immigration
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European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
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European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
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European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
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European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
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European View - Volume 5 - Europe and Immigration Europe and Immigration
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European View - Volume 5 - Europe and Immigration Europe and Immigration
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European View - Volume 5 - Europe and Immigration Europe and Immigration
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European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
European View - Volume 5 - Europe and Immigration Europe and Immigration
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European View - Volume 5 - Europe and Immigration Europe and Immigration

  • 1. E uropEan V iEw Volume 5 - Spring 2007 EuropE and ImmIgratIon Wilfried Martens Editorial: Europe and Immigration • Yasmeen Abu-Laban North American and European Immigra- tion Policies: Divergence or Convergence? • Sali Berisha Com- mentary: Albanian Migration in Europe —Bridge or Barrier? • Thomas Faist and Andreas Ette Between Autonomy and the European Union: The Europeanisation of National Policies and Politics of Immigration • Diane Finley Canadian Immigra- tion: Building Canada’s Future • Franco Frattini Towards a Stronger European Immigration Policy • Lawrence Gonzi Illegal Immigration: A Maltese View • Simon Green The Challenge of Immigrant Integration in Europe • Jim Kolbe The Immigration Conundrum: Open Borders or Closed? • Ilkka Laitinen Frontex and the Border Security of the European Union • Sandra Lavenex Which European Asylum System? Security versus Human Rights Considerations in the Europeanisation Process • Olena Malynovska Migration in Ukraine: Challenge or Chance? • Brunson McKinley Partnerships in Migration: Engaging Business and Civil Society in a ‘Whole of Society’ Approach • Rinus Penninx Europe’s Migration Dilemma: A Political Assessment • Iurie Rosca The Economic Impact of Immigrants on their Home Countries: The Example of Moldova • Nicolas Sarkozy Im- migration: A Crucial Challenge for the Twenty-First Century • Wolfgang Schäuble New Paths for European Migration Policy • Ioannis Varvitsiotis Is a Common European Immigration Policy Possible? • Jakob von Weizsäcker What Should a Cautious Immigration Policy Look Like? • David Willetts Europe: Is Decline Our Demographic Destiny? • Zhanna Zayonchkovskaya Russia’s Search for a New Migra- tion Policy • Gottfried Zürcher EU Enlargement and Immigration A Journal of the Forum for European Studies
  • 2.
  • 3. EUROPEAN VIEW European View is a journal of the Forum for European Studies, published by the European People’s Party. European View is a biannual publication that tackles the entire spectrum of Europe’s political, economic, social and cultural developments. European View is an open forum for academics, experts and decision-makers across Europe to debate and exchange views and ideas. EDITORIAL BOARD Chairman: Wilfried Martens, President of the European People’s Party, former Prime Minister, Belgium Carl Bildt, Foreign Minister, Sweden Elmar Brok, Member of the European Parliament, Germany John Bruton, former Prime Minister, Ireland Mário David, Member of Parliament, Portugal Ingo Friedrich, Chairman of the Forum for European Studies, Germany Vicente Martínez-Pujalte López, Member of Parliament, Spain Chris Patten, former Member of the European Commission, United Kingdom Jan Petersen, former Foreign Minister, Norway Hans-Gert Pöttering, President of the European Parliament, Germany Alexander Stubb, Member of the European Parliament, Finland József Szájer, Vice-Chairman of the EPP-ED Group in the European Parliament, Hungary Andrej Umek, former Minister for Science and Technology, Slovenia Per Unckel, former Minister of Education and Science, Sweden Yannis Valinakis, Deputy Foreign Minister, Greece ADVISORY BOARD Antonio López-Istúriz, Christian Kremer, Luc Vandeputte, Kostas Sasmatzoglou, Ingrid Goossens, Guy Volckaert EDITOR-IN-CHIEF Tomi Huhtanen Assistant Editors: Galina Fomenchenko, Mélanie Dursin, Marvin DuBois, Maureen Epp, Richard Ratzlaff, Jennifer Edwards, Eduard Friesen, Nicholas Alexandris For editorial inquiries please contact: European View Editor-in-Chief 10, rue du Commerce - 1000 Brussels email: ev@epp.eu Tel. +32 2 285 41 49 Fax. +32 2 285 41 41 Url: www.europeanview.eu The Forum for European Studies is a think-tank dedicated to Christian Democrat and like-minded political values, which is engaged in open, comprehensive and analytical debate. European View and its publishers assume no responsibility for facts or opinions expressed in this publication. Articles are subject to editing and final approval by the Editorial Board. This publication is partly funded by the European Parliament. 2 European View
  • 4. cONtENts • Editorial: Europe and Immigration .............................................................................................................................................................5 Wilfried Martens • North American and European Immigration Policies: Divergence or Convergence? ............................................9 Yasmeen Abu-Laban • Commentary: Albanian Migration in Europe—Bridge or Barrier? .............................................................................. 17 sali Berisha • Between Autonomy and the European Union: The Europeanisation of National Policies and Politics of Immigration ......................................................................................................................................................... 19 Thomas Faist and Andreas Ette • Canadian Immigration: Building Canada’s Future .................................................................................................................... 27 Diane Finley • Towards a Stronger European Immigration Policy ....................................................................................................................... 35 Franco Frattini • Illegal Immigration: A Maltese View....................................................................................................................................................... 41 Lawrence Gonzi • The Challenge of Immigrant Integration in Europe .................................................................................................................... 47 simon Green • The Immigration Conundrum: Open Borders or Closed? ....................................................................................................... 53 Jim Kolbe • Frontex and the Border Security of the European Union ........................................................................................................ 57 Ilkka Laitinen • Which European Asylum System? Security versus Human Rights Considerations in the Europeanisation Process ...................................................................................................................................................................... 63 sandra Lavenex • Migration in Ukraine: Challenge or Chance? .................................................................................................................................. 71 Olena Malynovska • Partnerships in Migration: Engaging Business and Civil Society in a ‘Whole of Society’ Approach ................................................................................................................................................................. 79 Brunson McKinley • Europe’s Migration Dilemma: A Political Assessment ................................................................................................................ 87 Rinus Penninx 3 Volume 5 - Spring 2007
  • 5. • The Economic Impact of Immigrants on their Home Countries: The Example of Moldova ....................... 95 Iurie Rosca • Immigration: A Crucial Challenge for the Twenty-First Century ................................................................................. 101 Nicolas sarkozy • New Paths for European Migration Policy....................................................................................................................................... 109 Wolfgang schäuble • Is a Common European Immigration Policy Possible? .......................................................................................................... 115 Ioannis Varvitsiotis • What Should a Cautious Immigration Policy Look Like? ................................................................................................... 121 Jakob von Weizsäcker • Europe: Is Decline Our Demographic Destiny? ............................................................................................................................ 129 David Willetts • Russia’s Search for a New Migration Policy ..................................................................................................................................... 137 Zhanna Zayonchkovskaya • EU Enlargement and Immigration........................................................................................................................................................ 147 Gottfried Zürcher 4 European View
  • 6. Wilfried Martens Editorial Europe and Immigration By Wilfried Martens Throughout history, immigration and their culture. This has enabled has altered the development of not immigrants to maintain their language only Europe but also the rest of the and culture. Stronger ties with their developed world. The basic motivation country of origin have affected the way of immigration—to seek better life they integrate to their new homeland conditions and a prosperous future— and its culture. Immigration has great remains unchanged. The challenges connected to potential to support the nation and its culture. immigration have also stayed much of the same, In purely economic terms, educated immigrants the main questions being how well immigrants integrated into the labour market result in a integrate with the native population, what the smaller initial cost to society than a citizen of the policies are to facilitate that process and how the same age who has been educated and provided native population perceives immigration—as an with healthcare by public funds.2 Countries with opportunity or a threat. multicultural populations that have managed to resolve their ethnic tensions are obviously more Today, the majority of American scholars agree apt to succeed in a globalised world. that the large-scale immigration that lasted for decades is one of the most important reasons for But if mismanaged, immigration—especially the growth of the United States, which enabled uncontrolled illegal immigration—has the it to become a major global force in the early potential to create tensions in the host country 20th century. Not often is it mentioned that and to put immigrants in an unbearable back then, just as today, the existing population position. Once suspicion becomes established had fears about how the new immigrants between immigrant groups and native citizens, from European countries would transform this negative sentiment is difficult to change. society—fears that were expressed on numerous occasions through rejection and resentment.1 Is immigration part of the problem or part of Now, one hundred years later, the United States the solution? is proud of its immigration heritage. The same phenomenon can be seen in Europe throughout Do European politicians face this phenomenon history: migration has often been confronted with enough honesty? With enough urgency? with scepticism, but surprisingly, the periods in And most of all, with a real sense of responsibility? which it has occurred have been quickly perceived Clearly, the European Union needs more legal as important chapters in the development of a immigration, but with the same conviction we nation and its citizens. have to say that the European Union cannot tolerate illegal immigration. Obviously, advances in modern technology have changed the condition of immigrants’ lives. Like the rest of the western world, Europe Cheaper communication and transport costs faces a demographic crisis.3 The demographic have simplified their lifestyle, allowing them projections indicate a decline in the EU workforce to stay in contact with their country of origin in the neighbourhood of one million workers 1 Huntington, S. (2004). Who are we? The challenges to America’s national identity. Free Press. 2 Sweden’s Bureau of Statistics and Swedish Consumer Agency conducted a study on the average costs to family and society of 20-year-old Swedish citizen with high school education. The average cost was EUR 323,000 (Kuntalehti. 3/2007, Immigration saving millions to the Swedish Society. Maria Palo (translated from Finnish). 3 Eurostat ‘Population by age group, gender, in 2000 and 2050, in percentage of total population in each group’, http://www.oecd.org/data- oecd/52/31/38123085.xls. 5 Volume 5 - Spring 2007
  • 7. Editorial: Europe and Immigration between 2010 and 2030 as a result of this current EU members. In the meantime, it is essential to crisis. Immigration is an opportunity to provide avoid irresponsible legalisation processes which possible solutions for future demographic risk creating instability in the EU as a whole. challenges that Europe is facing. In order for the native population of Europe to Immigration should be used as a tool that better feel the positive effects of immigration supports the development of a strong and and for immigrants to receive a better welcome, prosperous EU economy, in which the benefits of some principles of immigration policy need to immigration are shared across all regions of the be developed and clarified. Essentially, these European Union. Immigration enriches Europe policies need to allow Europe to pursue the economically, socially and culturally. Therefore, maximum social, cultural and economic benefits we need to promote the successful integration of immigration. of legal immigrants into the European Union, while recognising that integration involves But immigration is not a one-way street mutual obligations for new immigrants and EU benefiting only Europe. The countries of origin Member States. also can benefit. For that reason, relations between the European Union and third The EU as a whole has the obligation to offer countries must consider clear migration policies an environment that is welcoming and free of with a strong emphasis on fighting illegal prejudices, respecting the individual rights immigration. This would lead to more stability of immigrants, offering them possibilities, in the countries of origin and would contribute and recognising the potential benefits that to their development. immigration offers to Europe. The question of immigration is a moral It goes without saying that Europe needs to make responsibility that the European Union has not immigration a major priority. The first and most only towards the countries ‘exporting’ migrants important step would be to create a common but also towards itself. For all the reasons European migration policy. It should be done outlined above, we at the European People’s urgently, as the pressures of immigration on Party (EPP) have understood this principle and the EU are incessantly increasing. This is largely have placed immigration high on the agenda of due to the fact that illegal immigration attracts our priorities.4 organised crime and provokes abuses and even the loss of human lives. How to develop policies for legal immigration The idea of a common legislation with regard to immigration is emphasised by the Schengen With regard to legal immigration, it is evident Convention. Because of the freedom of move- that the EU Member States need to implement ment within the European Union, a member a genuinely organised and well-coordinated country practising an irresponsible immigration policy on immigration. For this to succeed, the policy could open the door to illegal immigration responsibilities and financial burdens must be for the whole Union and create major problems shared amongst all Member States. in all the Member Countries. Therefore, there is a clear necessity to establish a process of In order to successfully implement immigration information on national measures in the fields policies, Member States need to involve local of asylum and immigration as an initial short- and regional authorities in their discussions. term step towards greater cooperation between Furthermore, their assistance would be 4 EPP Resolution ‘Illegal Immigration and the European Union’, approved by the EPP Summit in Meise, 14 December 200. European View
  • 8. Wilfried Martens welcomed in establishing national plans has been an important initiative in developing targeting integration and employment. Member concrete tools for the EU. However, for the States need to involve all the pertinent levels of funds to achieve their purpose it is crucial that government in decisions concerning the quotas they be reviewed and increased periodically, of foreign workers to be admitted into their in accordance with real needs. Also, local and territories. regional authorities need to be involved in the management of these funds. Another important way for the European Commission and Member States to help the There are several regions and cities that are development of policies, with the cooperation particularly affected by an influx of immigration of local and regional authorities, is by launching and lack the means to deal with the masses of public awareness and information campaigns. immigrants. These should strongly dispel public anxiety with regards to immigration. In tandem, we Based on the principle of solidarity, emergency could encourage countries of origin to launch financial instruments should be created in order similar campaigns showcasing the benefits of to offer assistance to centres with the greatest legal immigration and denouncing its falsely immigration influxes. Financial support for a perceived dangers. common immigration policy must take into account the regional differences that exist EU Member States should strongly consider amongst Member States. Clearly, this issue framing an active policy to facilitate the must encourage flexible solutions and follow the integration of immigrants who have entered principle of subsidiarity. the country legally. Again, this should be done in close cooperation with the local and regional Fighting illegal immigration authorities. By active policy, we mean a policy that takes into account the integration of immigrants Illegal immigration into the European Union in the labour market and that encompasses their is a growing concern for its Member States. educational, social and cultural backgrounds. Throughout the past year, the countries of the Mediterranean in particular were heavily affected The EU directives5 relating to immigration by massive numbers of people wanting to enter and integration call for certain programmes their territories. This ongoing and aggravating that should be fully transposed and applied in problem has partly been promoted by the massive Member States. These programmes include legalisation of illegal immigrants in certain family reunification, equal treatment and countries and by the economic situation in their the statute of long-term residents from third countries of origin. countries. The European Commission needs to secure adequate financial means in order to In a European Union of open borders, illegal reinforce specific programmes needed to integrate immigration does not affect only the countries immigrants into the political and social life of the into which the immigrants enter. Often, they only host country. These programmes should include use the countries as transit points to their final language training, cultural and civic training, destination. and the teaching of European values. Illegal immigration cannot be condoned—it is The creation of the European Fund for neither a solution for immigrants nor for their Integration of Third Country Nationals,7 which countries of origin. Illegal immigration creates has been established for the period of 2007–13, marginalisation and dramatic suffering for the 5 Regulation of the European Parliament and of the Council on Community statistics on migration and international protection. Council Directive 2003/8/EC of 22 September 2003 on the right to family reunification. 7 Ministry of Freedom, Security and Justice, ‘A common framework for the integration of third-country nationals’, http://ec.europa.eu/justice_home/fsj/immigration/integration/fsj_immigration_integration_en.htm. 7 Volume 5 - Spring 2007
  • 9. Editorial: Europe and Immigration immigrants themselves. Europe’s need for a Europe’s borders need to be efficiently common strategy to fight illegal immigration and controlled. We need stronger cooperation and human trafficking cannot be stressed enough. solidarity among the Member States, especially This can only be achieved by securing the EU’s in reinforcing the capacities of the European external borders and exploring the establishment border protection agency Frontex and in of a European surveillance system, linking up coordinating sea border patrols. In this respect, existing national surveillance systems along with the establishment of a common European implementing a robust return policy. Obviously, Coastguard responsible for securing the sea we also need stronger efforts from the European borders of the Member States, could also prove Union to improve the economic situation in the to be particularly useful.9 In the future, Frontex countries of origin. should support and coordinate the national border police units so that EU borders can be What are the concrete tools for fighting illegal protected efficiently. immigration? To start with, there is a clear need for reliable statistics in order to fulfil Immigration—­an asset of prosperity this task. Reliable statistics would permit the implementation of an effective migration In order for Europe to fully benefit from policy in Europe through the use of comparable immigration, we have to be able to critically information. This needs to be done through the evaluate our policies and be open to learning European Migration Network8 and its National from the success of others. For example, Canada’s Contact Points, including regional and local society is organised in a way that is fairly similar to levels. many European societies. Canada has experienced a major flow of immigration for decades-in fact The EU and its Member States, in cooperation more extensive than the majority of countries in with local and regional authorities, need to move Europe. Nevertheless, in Canada immigration towards a form of immigration that is regulated is not perceived as a problem and immigration in collaboration with the third countries and policies are supported by its population. transit countries involved. In fact, we should Successful actions against illegal immigration aim at signing of joint agreements between EU and setting clear goals and principles for the Member States and the countries of origin in implementation of immigration policies have order to facilitate the readmission of illegal im- benefited both Canada and its immigrants.10 migrants. Immigration has a complex dynamic, influencing Tempting as it may be for a Member State to nations and the way societies perceive themselves. unilaterally legalise its illegal immigrants en At the same time, immigration has very practical masse, this is not a solution to the problem of short-term and long-term consequences on the illegal immigration. This is particularly true if economy and its popula-tion. By focusing on we take into account the absence of a common the real benefits of immigrants, Europe will learn immigration and asylum system. Therefore the to utilise their rich dynamism to its advantage. Commission’s proposal to issue a study in 2007 In the long run, Europeans will realise that on the legalisation practices and effects in the immigrants and a good immigration policy are Member States is indeed welcome. Plans for assets for a prosperous future. legalazing illegal immigrants must be discussed in advance, as they extensively affect other Wilfried Martens is the President of the European Member States as well. People’s Party. 8 www.european-migration-network.org. 9 At the EPP Summit of 15 June 200, Greek Prime Minister Kostas Karamanlis proposed the creation of a European Coastguard. 10 See Diane Finley “Canadian Immigration: Building Canada’s Future.” Brussels: European View, Spring 2007 - Volume 5, 27-34. 8 European View
  • 10. Yasmeen Abu-Laban North American and European Immigration Policies: Divergence or convergence? By Yasmeen Abu-Laban As transatlantic travel- differences in history and policy detail evident lers can attest, the between North American and many European peoples and cultural countries, and even some differences between landscapes of such Canada and the United States. By identifying varied urban centres as divergence within convergence, not only does a New York, Los Angeles, more nuanced comparative picture emerge, but Montreal, Toronto, London, Paris and Brussels a wider range of policy choices is also uncovered. have been shaped by global migration flows of I will argue that such nuance is beneficial to our the post-World War II period. Indeed, since the collective understanding, to informed public end of that war, one feature common to many and partisan debate, and to policymaking. countries, particularly in the industrialised West, has been the widespread use of immigration to Patterns of convergence in Europe and North meet labour market needs. America By the early twenty-first century, new responses Several points of convergence characterise to this shared practice gave rise to the suggestion Canada, the United States and countries that there are parallel trends in all labour- of the European Union, particularly those importing countries—whether European that were members prior to 2004. First, and or North American—that override seeming not insignificantly, all of these countries are differences. Specifically, the ‘convergence demographically diverse in racial, cultural and hypothesis’ holds that there is a growing religious terms as a result of post-war migratory similarity between countries as seen variously in flows. By the 1980s in countries across Western policies on integration, immigration and border Europe that had utilised migrant labour, it was control, as well as in popular attitudes towards clear that migrant workers and their descendants immigrants (Cornelius Tsuda, 2004, 4). Yet were, to borrow from a well-known book title of the convergence hypothesis lacks nuance. Much the period, “here for good” (Castles et al., 1984). as one can point to parallels between countries, Moreover, demographic diversity is in fact the more detailed cross-national historical, policy global norm. Statistics show that only about and attitudinal studies to date also find significant 10% of countries of the world can be said to be differences between the North American and ethnically homogeneous (MOST Newsletter, European context. 1995, p. 1). Rather than assert a position of divergence or Second, for Canada, the United States and many convergence, the purpose of this article is to countries of the EU, immigration itself remains a consider more closely the ways in which there reality. Thus, despite efforts aimed at ‘controlling’ are points of divergence within convergence. To immigration, immigration continues because of do so, I take a twofold approach. First, I specify the ‘push’ and ‘pull’ factors that give rise to global some key ways in which the United States migration and make countries of these two and Canada share certain trends with many continents magnets. A 200 OECD report notes countries of the European Union. Second, I that “immigration flows grew rapidly during the specify ways in which divergence operates within 1990s and are now growing again, using at times this convergence by highlighting important irregular or unconventional channels” (OECD, 9 Volume 5 - Spring 2007
  • 11. North American and European Immigration Policies: Divergence or Convergence? 200, p. 1). It can therefore be expected December 2004, a ‘safe third country’ agreement that the ethnic composition of many national went into effect between Canada and the United populations will diversify further, since one States (van Selm, 2005). The trend towards major feature of contemporary globalisation is increased border control has been reinforced as the qualitatively distinct nature of international a result of the 11 September 2001 attacks in the migratory flows both to and from a much wider United States, since controlling immigration range of countries and world regions than was (illegal or otherwise) has come to be linked with ever the case historically (Held et al., 1999, fighting terrorism (Abu-Laban, 2005). p. 297). In this regard it is interesting to note that newer EU members such as Poland and Fifth, the value or desirability of immigration the Slovak Republic are now receiving asylum and diversity remains the subject of popular and seekers in greater numbers (OECD, 200, pp. political debate in all countries. Since the source 20–13). countries and class composition of immigrants can vary tremendously, the exact details of these Third, countries of Europe and North America, debates can vary. For example, in the 1990s with ageing populations, costly welfare states in Vancouver, Canada, the city council dealt and declining work forces in certain sectors, with complaints about wealthy immigrants are now in a competition with each other, from Hong Kong who were accused of especially for highly skilled labour. This is giving negatively transforming the landscapes of older rise once again to the long-standing concern neighbourhoods by constructing large ‘monster about the possible negative consequences of houses’ at the expense of trees (Abu-Laban, the ‘brain drain’ for countries of the developing 1997). However, it is noteworthy that since 11 world (despite remittances) and generating new September 2001 long-standing debates about concerns about immigrants ending up in jobs the place of Islam in Europe are now finding for which they are overqualified (OECD, 200, an entirely new echo in Canada and the United pp. 1–17). States, as both popular and political debates have come to focus more squarely on Muslim Fourth, since the 1980s there has been increased immigrants and their descendants. This was in attention to border control and a growing evidence in the small rural (and predominantly linkage of immigration control with security at white and French-speaking) town of Hérouxville, both national and regional levels. At the same Canada, when the town council introduced in time that Project 1992 with its goal of a frontier- 2007 a controversial code of behaviour expected free Europe was unfolding, many migration of newcomers that included banning the hijab specialists began to talk about a ‘Fortress Europe’ except on Halloween (CBC News, 2007). in relation to citizens from non-EU countries, especially those in the developing world In liberal democratic countries of Europe and (Huysmans, 2000). Since the 1980s, Canada North America, there is a commitment to has also moved towards extending controls, both human rights (including support of the UN overseas and at home, and has made greater use convention on refugees) as well as individual of detention and deportation of asylum seekers rights (including freedom of religion and (Pratt, 2005). Likewise, the reinforcement of freedom from discrimination based on religion, border control between the United States and ethnicity or race). Nonetheless, these shared Mexico grew steadily over the 1980s and 1990s trends of diversity, continued immigration and and was identified as another plank in the competition for skilled immigrants combined building of a “wall around the West” (Andreas with uncertainty about the value of diversity Snyder, 2000). Certain trends evident within and implementation of increased border control the EU (e.g. the Dublin Convention governing not only seem contradictory, but also mean that refugees) now find parallels in North America: in the policy terrain is far from smooth. What is 10 European View
  • 12. Yasmeen Abu-Laban interesting is that this terrain has been negotiated histories, such as France, which made heavy in different ways. use of migrant labour from the mid-nineteenth century onwards (Verbunt, 1985, 127), it Patterns of divergence in Europe and North is significant that neither immigration nor America recognition of ethnic variation (through census questions, for example) found expression The divergences evident between North America in French understandings of nationhood, and Europe pertain to national histories which were profoundly shaped by the French and national self-definitions in relation to Revolution and its implied ‘fusion’ of the people immigration; the nature of legal and illegal (Noiriel, 1992). In contrast, the narratives of immigration flows, historically and today; settler colonies tend to be oriented toward the and the manner in which specific aspects of future, rather than the past; that is, ‘the nation’ integration policy—such as the actual rules is always becoming, and thus there is some governing citizenship acquisition—have been greater space for redefining ‘the nation’ through approached. Additionally, contemporary successive waves of immigration (Abu-Laban researchers attuned to globalisation and regional Lamont, 1997). integration have observed how North America, as defined through the 1994 North American In concrete expressions, this has meant that both Free Trade Agreement between Canada, the American and Canadian politicians and publics United States and Mexico, has produced a frequently link the ideas of immigration and regime governing the mobility of people that nation, and make use of metaphors that highlight is different from that of the European Union. diversity. Consider, for example, American This is because ‘the free movement of peoples’ is President John F. Kennedy’s book A Nation of not a stated goal of the North American project, Immigrants (193); or more recently, President in contrast to the European one. Each of these George W. Bush’s advocation in 200 to be open points of divergence will be considered in turn. to the possibility of extending US citizenship to some long-residing illegal immigrants as a way to Narratives of the nation “honor the tradition of the melting pot, which has made one nation out of many peoples” (Office of An important aspect of comparative immigration the Press Secretary, 200). While the metaphor of research has been facilitated by attention to ‘the melting pot’ has had long-standing purchase different national narratives concerning the in the United States, the metaphor of choice in connection (or disconnect) between ‘nation’, Canada has been that of ‘the mosaic’ (reflected immigration and diversity. The most evident in the Canadian government’s 1971 policy of outcome of this focus shows up in the kind multiculturalism within a bilingual English and of language that structures how countries are French framework). frequently categorised within migration research. For example, countries formed through settler It is also important to note that despite ongoing colonization—such as Canada and the United polls (e.g. The Dominion Institute, 2005) States—are typically designated ‘traditional’ that frequently find little difference between or ‘classic’ immigration countries; countries of Americans and Canadians when it comes to Europe are designated as simply ‘European’, attitudes towards minorities and newcomers, at a ‘new’ or even sometimes ‘reluctant’ countries popular level in Canada ‘the mosaic’ is seen to be of immigration.1 Thus while there are some different from ‘the melting pot’. This is because European countries with long immigration for many Canadians ‘the melting pot’ is perceived 1 See for example, the categorizations used in Cornelius et.al., 2004. 11 Volume 5 - Spring 2007
  • 13. North American and European Immigration Policies: Divergence or Convergence? to be a vehicle for assimilation, whereas ‘the United States has based admission on the right mosaic’ is seen to allow for the coexistence (and to live permanently in the country and to acquire thus expression) of linguistic, cultural and ethnic citizenship. Put differently, although both diversity (Reitz Breton, 1994, p. 81). As a Canada and the United States have made use result, for many Canadians today (especially for of temporary labour, particularly in the area of English speakers outside the province of Quebec) agriculture, such programs have been small. The the mosaic versus multiculturalism distinction is difference in this tradition shows up in the fact believed to be a point of national differentiation that the term ‘migrant’, which is used in many between Canada and the United States. The European countries, has next to no policy or salience of this distinction was captured in an popular purchase in either Canada or the United unusually popular beer advertisement featuring States, since the term of choice is ‘immigrant’. ‘Joe Canadian’ that ran in English in Canada in Additionally, while large-scale labour importation the early 2000s. Joe Canadian’s ‘rant’ (which in European countries declined significantly in was especially well received at sporting events in certain periods (particularly after 1973/74), for Canada) stressed that he had a “prime minister, both Canada and the United States the quest not a president”; that he spoke “English and for workers has remained relatively steady in French, not American”; and that he believed in the post-war period. The 2000 US census shows “diversity, not assimilation”. that 11.1% of US citizens are foreign born, and the 2001 Canadian census shows that a sizeable Notwithstanding the ongoing debate over 18.4% of Canadian citizens are foreign-born whether attitudes are different between (Boyd, 200, p. 1). Canada and the United States, Canada was the first country to introduce an official policy Historically, both Canada and the United States of multiculturalism, which was followed by gave entry and settlement preference to British- the 1982 entrenchment of multiculturalism origin Protestants. However, since 195 in in the Canadian constitution. Although the case of the United States and 197 in the multiculturalism policy has been subject to case of Canada, these explicit discriminatory criticisms from a number of angles and has shifted barriers have been removed. In both countries in response to some of these criticisms, it has immigration legislation developed a new em- long been upheld by its defenders in and outside phasis on attracting immigrants with skills. This government as conducive to fostering inclusion, feature was especially strong in Canada, which avoiding tension and creating national unity. in 197 introduced a point system (still in effect Given these factors, it is perhaps not surprising today) that numerically assesses independent that in 2007 the Canadian Broadcasting applicants (those who are not seeking entry Corporation (a crown corporation of the on the basis of family membership or refugee Canadian government) aired a new television status) on education, training and knowledge comedy entitled Little Mosque on the Prairie. of the official languages of English and French. The show finds humour in the interactions, the As a result, many immigrants to both countries differences, and the many points in common have gone directly into professional jobs without between Muslims and non-Muslims living in a having to first play a more subservient role in fictional small Canadian town. the economy. Immigration flows Additionally, while in many European countries migrants came from former overseas colonies In contrast to the guest worker schemas adopted (accounting for the large numbers of Algerians by many European countries in the years in France and Surinamese in the Netherlands), following World War Two, the primary legislation in the case of Canada and the United States the governing immigration in both Canada and the source countries for immigrants have reflected 12 European View
  • 14. Yasmeen Abu-Laban somewhat different patterns. Mexico was the for selecting all immigrants and refugees abroad lead immigration country for the United States who are destined for Quebec. Like the federal in 2004, followed by India, the Philippines, government, Quebec uses a point system of China and Vietnam (OECD, 200, p. 225). For selection, but favours immigrants who are French- Canada, China was the lead country in 2004, speaking. Actual admission to Canada remains a followed by India, the Philippines, Pakistan and competency of the federal government. the United States (OECD, 200, p. 173). Integration policies The United States, like many countries of Europe, has focused heavily on illegal immigration flows Policies addressing integration cover a wide since the 1980s, a feature that is in part tied to its range of spheres, from the economic to the geographical proximity to Mexico, a major source social to the political, designed to ensure country for both legal and illegal immigration. that both newcomers and the host society In the case of the United States, concern over make accommodations. There is now much illegal flows remains strong today, provoking comparative work addressing the relative success passionate responses (as seen in the large protests of various approaches in all these spheres as a of 200 against proposed legislation raising the result of the international Metropolis project, penalties for illegal immigration and treating which brings together academics, policymakers illegal immigrants and those who aided them and NGOs. Metropolis has been supported by a as felons). In contrast to both the United States number of countries (including Canada and the and Europe, Canada has not been preoccupied United States) as well as by the EU Commission. with illegal immigration flows, a feature that Such research is critically important to a full may stem largely from its geographic distance consideration of the similarities, differences and from any source country. Indeed, whereas there best practices of countries in Europe and North is a long tradition of attempting to estimate the America.2 numbers of illegal immigrants in the United States (currently numbering about 10 million), A couple of points stand out, however, in in the case of Canada there is no solid research addressing certain aspects of integration. Canada on this topic (Boyd, 200, p. ). and the United States share a jus soli citizenship tradition, and both countries allow for the Perhaps as a result of the fact that illegal possibility of dual citizenship (although it is not immigration in Canada is a relative non-issue, encouraged in the United States). As suggested, immigration itself has not been as divisive the relative ease with which immigrants can an issue within or between political parties acquire citizenship itself and the fact that both in Canada as it has in the United States, and Canada and the United States view immigrants as particularly in many countries of Europe. permanent makes for some distinction between Another relatively distinct feature of immigration these two countries and what has transpired in in Canada (a federal state) is that immigration is many countries of post-war Europe. constitutionally defined as a concurrent area of federal and provincial jurisdiction. As a result, Additionally, some recent work addressing the the province of Quebec, home to a majority question of political integration specifically of French speakers, has been able to assert its suggests that there may be some important powers in the sphere of immigration. These differences between Canada and the United efforts culminated in the 1991 Canada-Quebec States. Irene Bloemraad (200) finds that Accord, which gives Quebec sole responsibility the same immigrant groups (Portuguese and 2 To access Metropolis Canada, as well as Metropolis International, see http://www.metropolis.net. 13 Volume 5 - Spring 2007
  • 15. North American and European Immigration Policies: Divergence or Convergence? Vietnamese) are much more likely to acquire borders (for trade) and reinforcement of borders citizenship, get elected to political office and be (in relation to people). involved in community organising in Canada than in the United States. She attributes this conclusion to the Canadian federal government’s relatively generous support for settlement services, as well Despite evident similarities and differences as to official multiculturalism. This then suggests within and between North America and Europe, that not only planning for permanent settlement the above analysis suggests that realistic policy but also supporting this settlement through responses require at a minimum that the reality government programs is important for ensuring of ongoing immigration be recognised and that positive outcomes. there be long-term planning in keeping with liberal democratic principles supporting human Regional context rights, individual rights and inclusion. In this regard, the evolving European Union, with its A final difference that should be explored relates emphasis on granting mobility and other rights to the regional dimension of Europe and North to EU citizens, offers a distinct regional response America. Although the 1994 North American that finds no parallel in North America—or Free Trade Agreement (NAFTA) between anywhere else in the world. On the other hand, the Canada, the United States and Mexico has North American tradition of viewing immigrants led to the growing integration of the national as permanent, of extending them citizenship, and economies of the three member countries, and of defining them as part of the nation (reinforced correspondingly to more attention to both in Canada with a policy of multiculturalism and multilateral and bilateral (US-Canada and US- settlement service programs) offers another set Mexico) mechanisms governing the flows of of practices responding to liberal democratic people, there is a marked difference from the norms. These different approaches provide European Union. The European Union accords citizens and policymakers of both continents the right of mobility and residence to all EU with an opportunity to learn from each other’s citizens (with newer EU Member States being experiences, and hopefully thereby improve on phased in), while the NAFTA arrangement current practices and policies. simply allows for the expedited temporary entry of business people and professionals. Moreover, in its first decade of operation, not only was access to the American labour market through Yasmeen Abu-Laban is an Associate Professor in the NAFTA enjoyed more by Canadian nationals Department of Political Science at the University of than Mexican ones (because Mexicans were Alberta (Canada). required to get visas and because the United States put a cap on NAFTA flows; see Gabriel MacDonald, 2004, p. 78), but the border between Mexico and the United States was fortified. In short, while Mexico and Canada have embarked on signing bilateral ‘smart border’ accords with the United States since 2001 to ensure continued access to the American market, there is nothing approaching a ‘North American citizenship’. North America is instead characterised by the paradoxical erasure of 14 European View
  • 16. Yasmeen Abu-Laban References Abu-Laban, Y. (1997). Ethnic politics in a Cornelius, W., Tsuda, T., Martin, P. and Hollified, globalizing metropolis: The case of Vancouver. J (Ed:). (2004). Controlling immigration: A global In T. Thomas (Ed.), The politics of the city: A perspective (Second Edition). Palo Alto: Stanford Canadian perspective (pp. 77–95). Scarborough: University Press. ITP Nelson. Cornelius, W., Tsuda, T. (2004). Controlling Abu-Laban, Y. (2005). Regionalism, migration immigration: The limits of government and fortress (North) America. Review of intervention. In Cornelius et.al., 2004 (pp. 3- Constitutional Studies, 10 (1 2), 135–2. 48). Abu-Laban, Y., Lamont, V. (1997). Crossing The Dominion Institute. (2005). Illusion borders: Interdisciplinarity, immigration and the that Canada’s a multicultural mosaic and the melting pot in the American cultural imaginary. United States is a melting pot. 15 May. http:// The Canadian Review of American Studies 27 (2) www.dominion.ca/americanmyths/2005_ (September-October), 23–43. multiculturalism.pdf Andreas, P., Snyder, T. (Eds.).(2000). The wall Gabriel, C., MacDonald, L. (2004). The around the West: State borders and immigration hypermobile, the mobile and the rest: Patterns of controls in North America and Europe. Lanham: inclusion and exclusion in the emerging North Roman and Littlefield. American migration regime. Canadian Journal of Latin American and Caribbean Studies 29(57 Bloemraad, I. (200). Becoming a citizen: 58),7-91. Incorporating immigrants and refugees in the United States and Canada. Berkeley: University Held, D., McGrew, A., Goldblatt, D. of California Press. Perraton, J. (1999). Global transformations: Politics, economics and culture. Stanford: Stanford Boyd, M. (200). Gender aspects of international University Press. migration to Canada and the United States. Paper given at the International Symposium Huysmans, J. (2000). The European Union on International Migration and Development, and the securitisation of migration. Journal of Population Division, Department of Economic Common Market Studies, 38(5) (December), and Social Affairs, United Nations Secretariat. 751–77. Turin, June. Kennedy, J.F. (193). A nation of immigrants. Castles, S., with Booth, H. Wallace, T. New York: Harper and Row. (1984). Here for good: Western Europe’s new ethnic minorities. London: Pluto Press. MOST Newsletter 3. (1995). June. http://www. unesco.org/most/newlet3e.htm CBC News. (2007). Muslim groups to launch complaint over town’s immigrant code. 5 February. Noiriel, G. (1992). Difficulties in French http://www.cbc.ca/news/story/2007/02/05/qc- historical research on immigration. In D.L. reasonableaccommodation20070205.html Horowitz G. Noiriel (Eds.), Immigrants in two democracies: French and American experience (pp. –79). New York: New York University Press. 15 Volume 5 - Spring 2007
  • 17. North American and European Immigration Policies: Divergence or Convergence? OECD. (200). Organization for Economic Co-operation and Development, International migration outlook: SOPEMI. Paris: OECD. Office of the Press Secretary. (200). President Bush addresses the nation on immigration reform. May 15. http://www.whitehouse.gov/ news/releases/200/05/2000515-8.html Pratt, A. (2005). Securing borders: Detention and deportation in Canada. Vancouver: UBC Press. Reitz, J.G., Breton, R. (1994). The illusion of difference: Realities of ethnicity in Canada and the United States. Toronto: C.D. Howe Institute. van Selm, J. (2005). Immigration and regional security. In E. Guild J. van Selm (Eds.), International migration and security: Opportunities and challenges (pp. 11–27). London and New York: Routledge. Verbunt, G. (1985). France. In T. Hammar (Ed.), European immigration policy: A comparative perspective (pp.127-14) Cambridge: Cambridge University Press. 1 European View
  • 18. Sali Berisha commentary: Albanian Migration in Europe—Bridge or Barrier? By Sali Berisha At last year’s Festival Albanian migrants have indeed been a valuable di Sanremo, Italy’s force in helping Albania develop as an economy most important annual and a democracy and, most importantly, in music event, one of bridging the divide between Albania and other the contestants who European countries that was created over more captivated the hearts than 50 years of communist rule. of Italians was Elsa Lila, a young Albanian girl living in Italy for the past 10 years. Her success Due to their generally young age, hard work at the Festival is a measure of the integration of and in particular their investment in education, Albanian migrants into European societies and Albanian migrants quickly overcame the image their contribution in bringing together cultures, problem that every migrant group initially faces, people and countries. and soon integrated into the new-found Euro- pean societies. In 1990, Albania emerged out of communism as a country looking for light after almost 50 Today Albanian migrants in all European years of extreme isolation from the entire world, countries, from Norway to Greece, are diligent a country where religion, western thought and workers, entrepreneurs, intellectuals, entertainers philosophy, foreign culture, literature, music and more. Albanian migrants have excelled in and western products were strictly forbidden business, art, culture, sports and other areas, and almost unknown. and have won the respect of their peers and the public. The first violins of La Scala in Milan, Since the first days after the collapse of the the Munich Philharmonic Orchestra and the communism, waves of migrants have flowed Opera of Paris are Albanians. Many Albanians out of the country, mainly towards Western today are professors and academics in the most Europe and in particular to Greece and Italy. important universities and research centres Leaving behind the most totalitarian country in throughout Europe. Albanian workers, engineers Europe, they were forced to migrate mainly due and specialists were the most important working to poverty, but were also driven by the urge for force in building the venues and facilities for freedom, knowledge and education. the Olympic Games in Athens, a contribution that was acknowledged and valued by Greek Now, 17 years later, almost one million Albanians authorities. In particular, in Greece and Italy, live and work abroad, more than 90% of them where the concentration of Albanian migrants in Western Europe. This is 25–30% of Albania’s is the greatest, they have become an important population, or approximately 35% of its labour contributing factor to society. force. Such a migration flow is unparalleled in every Such achievements have improved the image regard by that of any other European country. and knowledge of Albania throughout Europe, Also unique has been the role of Albanian helping the country become known to the migration in the country’s development and its peoples of Europe. integration into the rest of Europe. 17 Volume 5 - Spring 2007
  • 19. Commentary: Albanian Migration in Europe—Bridge or Barrier? But Albanian migrants have also shown a concrete We are optimistic that in the coming years sense of solidarity with their country and their Albanian migrants in Europe will become an even families. Their remittances have been a major stronger force, not only for the development of source of income for thousands of Albanian the country, but also for our efforts at European families and the entire economy. Without such integration. To this end, the Government will support, which counts for approximately 10–15% continue to give all its support to emigrants for of the country’s GDP every year, our economic their integration into European societies and domestic progress would not have been possible. their eventual return to Albania. Albanian migrants in Europe have at the same time been a very strong source of Europeanism for Albanians. If Albania is the most pro-EU country in Europe, this is also a credit to our Sali Berisha is the Prime Minister of Albania. emigrants. They have been the ones promoting European culture, values and attitudes to their families and their countrymen. This contribution has increased dramatically in the past years, due to the fact that many mi- grants are returning to Albania after years of work and education in Europe. Many of them are investing the savings and skills gained abroad in economic activities, very often together with European businessmen. Others who are West- ern-educated are being reintegrated into public administration, civil society and private sector management positions. In such positions they are instilling European approaches and values throughout Albanian society, acting as real am- bassadors for our European integration. Conscious of their valuable contribution, the Albanian Government, in cooperation with other European governments and international organisations, is developing special policies and programmes to incentivise investments in Albania by Albanian emigrants. At the same time, a major Brain Gain Programme1 is already in place and is assisting hundreds of western- educated Albanians to be involved in the public sector. In addition, this programme has also enlisted the support of many Albanians who work in academic and research positions in Europe, involving them in policy discussions for the country’s major programmes. 1 Programme jointly sponsored by the Albanian Government and the United Nations Development Programme (UNDP). 18 European View
  • 20. Thomas Faist and Andreas Ette Between Autonomy and the European Union: The Europeanisation of National Policies and Politics of Immigration By Thomas Faist and Andreas Ette In comparison to other is known about the extent of the impact that policy areas, migration international and European influences, in and residence have particular, have had on these national reforms. only recently begun What role does and can the EU play in the to acquire a Euro- increasingly multilevel approach to regulating pean dimension. Thus, migration? If there is a European influence, recent years have seen significant changes in what is the nature of that influence: are national the direction of stronger European regulation, immigration policies moving toward a similar, accompanied by a transfer of competencies from shared model, or does the Europeanisation of the national to the European level and shifts in national policies lead to greater divergence? the modes of European policy-making. What Studies of the process of policy Europeanisation began as intergovernmental cooperation among in other areas have shown that it varies greatly Member States has become a form of ‘intensive from one country to another. Do these findings transgovernmentalism’, with further moves hold true for immigration policies as well, and, toward the traditional Community method as if so, how can these differences in the European powers have increasingly been transferred from impact be explained? the national to the EU level (Lavenex Wallace, 2005). Furthermore, past discussions of the theory of European integration of immigration policies In parallel with these developments at the have concluded that national political constraints European level, over the last two decades all provided a major rationale for policymakers to the European countries with significant levels ‘escape to Europe’. How does the establishment of immigration have overhauled their national of a harmonised policy at the European level go immigration policies. Thus, Germany revamped on to affect the domestic politics of immigration? its asylum policy in 1992 and introduced its The research available to date is contradictory on first-ever comprehensive immigration act in these questions, mainly because there is “little January 2005. In the United Kingdom, four systematic empirical research on how European major immigration acts have been produced developments ‘hit home’ at the national level” since 1999. Likewise, the Spanish ‘Alien Law’ (Vink, 2005, p. 4). has undergone three major reforms in recent years; the government of Poland introduced key In order to shed light on these questions, we have legislation in 2001 and 2003; and work is in undertaken a systematic comparative analysis progress in Turkey on a new ‘Law of Settlement’ of the Europeanisation of national policies and to replace the existing act, which dates back to politics of immigration (Faist Ette, 2007). 1934. The study looks at core Member States of the European Union, such as Germany, the United Immigration experts have devised different Kingdom, Sweden, Spain and Greece, and also models to explain the varieties of national analyses the impact of the EU on New Member immigration policies (for a recent review, see States such as Poland, and potential future Hollifield, 2000). However, comparatively little accession states, such as Turkey and Albania. 19 Volume 5 - Spring 2007
  • 21. Between Autonomy and the European Union: The Europeanisation of National Policies and Politics of Immigration The history of European integration of communitarisation, marked by the Treaty of immigration policies Amsterdam. The Treaty brought immigration policies into the Community pillar by creating European integration of national immigration a new Title IV, and incorporated the Schengen policies has progressed in four periods. The first, Agreement into the acquis communautaire. from 1957 to 198, was characterised by minimal Determined to increase the degree of integration, involvement in national immigration policies. the European Council summit in Tampere in Immigration policies fell under national control, 1999 set out a five-year action programme on and initiatives by the European Commission the central measures of a common European toward closer EU cooperation within the immigration policy. Five years later, in June 2004, traditional community method of decision- the Commission published its final assessment making were regularly declined. During this of the original Tampere programme, stating that period, however, significant cooperation on these “substantial progress has been made in most questions took place outside the EU’s traditional areas of justice and home affairs.” Because of the structures. Examples include the Trevi group, intergovernmental decision-making procedures which was established by European Member based on unanimity in the Council of Ministers, States during the 1970s to cooperate on internal however, “it was not always possible to reach security measures, and, crucially, the 1985 agreement at the European level for the adoption Schengen Agreement concerning cooperation on of certain sensitive measures relating to policies the mutual abolition of internal border controls which remain at the core of national sovereignty” and the development of compensating internal (Commission of the European Communities, security measures. 2004, p. 3–4). These intergovernmental forms of cooperation Major obstacles relating to the decision-making helped to shape cooperation during the second structures and the scope of integration were period, from 198 until 1993. That period was overcome in December 2004, when the Council characterised by informal intergovernmentalism, decided that, beginning on 1 January 2005, in which representatives from the Member decision-making on EU immigration policies States engaged in a process of closer cooperation. (with the exception of legal immigration) would Examples are the Ad Hoc Working Group become subject to qualified majority voting on Immigration, established in 198, and (QMV) and the co-decision procedure with the the group of coordinators that prepared the European Parliament (EP), thus providing for Palma Programme, dealing with the security serious supranationalisation of this policy area. implications of the free-movement measures in Finally, attempts by migrants to enter the EU the Union’s Single European Act. illegally through the Spanish enclaves of Ceuta and Melilla in autumn 2005 lent urgency to the The third period, from 1993 until 1999, was desire for further integration, by showing the shaped by the Maastricht Treaty and its structure weaknesses of a migration policy that focuses of formal intergovernmental cooperation. The primarily on migration control while neglecting three-pillar structure of the EU made integrated the root causes of migration (Boswell, 2003). immigration policies under the EU a reality, and recognised immigration issues as being of com- Defining Europeanisation mon interest. The decision-making structures in the third pillar, however, ensured that cooperation For our comparative analysis, we broadly defined remained strictly intergovernmental. Europeanisation as the impact that the European Union has on its Member States. More specifi- The current period, beginning in the late cally, we followed the work of Bulmer and Radael- 1990s, has been characterised by increasing li (2004, p. 4), who defined Europeanisation 20 European View
  • 22. Thomas Faist and Andreas Ette as consisting of “processes of a) construction, of change. Absorption refers to a situation where b) diffusion and c) institutionalisation of domestic policies or politics adapt to European formal and informal rules, procedures, policy requirements without real modification of the paradigms, styles, ‘ways of doing things’ and essential national structures of policies or politics. shared beliefs and norms which are first defined Transformation occurs if there is a change in the and consolidated in the EU policy process and fundamental logic of the domestic policy or then incorporated in the logic of domestic political behaviour. Finally, retrenchment means (national and sub-national) discourse, political that the situation in a Member State becomes structures and public policies.” less ‘European’ than it had been. This definition provides us with a broad The second research question concerns how framework for understanding multi-level the European impact is felt, and what the governance interactions in Europe, and makes differences are in the European impact among it clear that Europeanisation is a two-way the different countries under consideration. process—bottom-up and top-down—between Theoretical attempts to account for varying the Member States and the EU. It acknowledges patterns of Europeanisation focus mainly on that any comprehensive explanation of Member the ‘quality of fit’ between policies and politics State responses to the EU requires an analysis of at the European and the domestic level (for an how the two processes interact (see, for example, overview, see Mastenbroek, 2005 and Risse, Börzel, 2005). For purposes of clarity, we 2001). By contrast, our analysis follows the work limited our research to the top-down process of done by Scharpf (1999), differentiating between Member State adaptation to the EU, as opposed two fundamental modes of Europeanisation to to European integration, understood as the account for the differences in the EU’s impact bottom-up process of Member States projecting on the national policies of Member States and influence. We therefore followed the usual three- other countries. The two modes—prescriptive step approach. The process of Europeanisation and discursive Europeanisation—are different starts with the development of a governmental “types of interaction” (Scharpf, 1999) or system and particular policies at the European “steering modes” (Knill Lenschow, 2005) that level. These political structures and European characterise ideal-type patterns of governance in policies then create pressure for domestic policies the multi-level European immigration policy. and policy-making processes to be adapted. The They differ according to the degree of coercive third stage, or endpoint, of this process consists pressure the EU can exert on a particular state to of national policies and politics being adapted to change its policies. EU-level developments. The first mode—prescriptive Europeanisation— Extent and modes of Europeanisation is concerned with national re-regulation in cases where the EU provides institutional Following on from this definition, we formulated models for domestic compliance. Prescriptive two substantive research questions for our Europeanisation is a form of coercive governance, comparative work. The first was to determine defined as legally binding European legislation the extent of Europeanisation, and the second, that leaves little or no discretion to the national to improve our understanding of why and how implementer. Member States are obligated to Europeanisation occurs in national policies and ensure that these supranational policies are politics of immigration. For the first question, put into practice. In this mode the EU exerts we followed the typology developed by Radaelli considerable coercive pressure on a Member (2003), who differentiates between four types of State. In contrast, the second mode—discursive change: inertia, absorption, transformation and Europeanisation—largely dispenses with retrenchment. Inertia describes a situation of lack coercion. There is no legally binding prescription 21 Volume 5 - Spring 2007
  • 23. Between Autonomy and the European Union: The Europeanisation of National Policies and Politics of Immigration of institutional models for domestic compliance; led to the Dublin Convention and the London rather, these models offer non-binding sugge- resolutions. In contrast, the years after 1999 stions to guide national policy-makers in the have seen minimal national policy changes search for regulatory solutions to certain policy resulting from EU initiatives. The sole exception problems. In such a situation, the EU serves is policies on human trafficking and smuggling, mainly as an arena for the exchange of political for which the UK adopted the European policy ideas and promotes information exchange in framework, in the absence of an existing British transnational networks. The best-known example policy on the matter. is the open method of coordination. In the case of all other European policies, the ‘Old’ versus ‘new’ Member states: different British government responded to European national experiences with Europe requirements by introducing minor changes only, or by opting out. The British case provides With regard to the impact of the EU on national a prime example of the usefulness of the modes policies and on the politics of immigration, of Europeanisation in explaining the European two main findings will be discussed here. The impact on national immigration policies. The first concerns differences between countries in relationship between the extent and mode the extent of the European impact on national of Europeanisation is even more obvious in immigration policies, which form a continuum the case of Germany. Germany is often seen ranging from inertia or minor changes in as the ‘poster child’ of European integration, domestic policies, to transformative and actively participating in the process of European comprehensive changes at the other end of the integration in general and showing particular spectrum. The six Member States in our study interest in a common European immigration can be situated along this continuum, the most policy. In line with this image, European extreme positions being those of the UK, with activities during the 1990s profoundly altered only minor alterations, and Poland, with major Germany’s immigration policy. In particular, the changes to its policy. In between are Germany fundamental revamping of Germany’s asylum and Sweden, which are closer to the British policy with the change in its basic law can be pole, and Greece and Spain, which are closer directly attributed to European involvement. to the experience of Poland. Furthermore, the The Amsterdam Treaty, however, marks a analysis shows a reciprocal relationship between turning point for Germany’s involvement in the mode and the extent of Europeanisation: the common European immigration policy, as discursive modes of interaction lead to greater Germany changed “from a vanguard to a laggard” national policy change in the case of traditional (Hellmann et al., 2005). In contrast to the earlier Member States, while prescriptive modes result period, European developments after 1999 have in a greater extent of Europeanisation in the case not, overall, significantly affected Germany’s of new Member States. immigration policy. Neither are any major policy changes expected to come out of the new draft Of the countries analysed, the UK shows the least bill, announced by the German government in EU influence on the original British approach January 200, which will incorporate several to immigration control, although the situation European directives. has evolved over time. Overall, the influence of European policy approaches on Britain’s At the other end of the spectrum is Poland, a immigration and asylum policy was greater relatively new Member State that joined the during the 1990s, prior to the Amsterdam EU in the course of the eastern enlargement Treaty. Examples from the early 1990s include in 2004. Generally, those countries that the changes to British asylum policy that came joined the club recently have experienced about as a result of European initiatives that the most comprehensive Europeanisation of 22 European View