2012年-CEPS欧洲政策研究中心_Migration_Borders__Asylum_88页_356kb

Summary of Migration, Borders and Asylum: Trends and Vulnerabilities in EU Policy

Core Content

The book Migration, Borders and Asylum: Trends and Vulnerabilities in EU Policy by Thierry Balzacq and Sergio Carrera provides a critical analysis of the current state and future directions of EU immigration, border, and asylum policies. It explores the extent of policy convergence and the persistent challenges that hinder the development of a truly unified European approach to these sensitive areas.

Main Topics and Structure

The document is structured into seven main sections, with a focus on the following areas:

1. Introduction: Policy Convergence in Migration, Borders and Asylum

• The EU has been striving to create a strong area of freedom, security, and justice (AFSJ) since 2002.
• Policy convergence has been limited, with national sovereignty often clashing with supranational governance.
• The Tampere Programme (1999) and the Hague Programme (2004) have set the framework for EU policy development, but implementation has been slow and inconsistent.
• The Treaty of Amsterdam (1999) transferred migration-related policies to the EU's first pillar (Community competence), while the Treaty on European Union (TEU) introduced a new framework for citizenship and rights.

2. Immigration

• Regular Migration:

  • Key directives include the 2004/38/EC Directive on the right of Union citizens and family members to move and reside freely.
  • This directive establishes the conditions for permanent residence and integrates previous regulations on workers, students, and family reunification.
  • It allows for more flexible mobility and the possibility of acquiring permanent residence in the host country.
  • However, it still includes restrictions based on public policy, security, and health, which are not fully aligned with the principles of free movement.

• Irregular Migration:

  • Policies focus on combating illegal migration, including trafficking and smuggling.
  • Measures such as repatriation and return policies are emphasized, but they often lack consistency and are subject to wide national discretion.
  • The use of databases and biometric technologies raises concerns about proportionality and human rights.

3. Borders

• The Schengen acquis remains largely under intergovernmental governance, despite the EU's ambition for a more integrated approach.
• The management of borders has become increasingly technologically driven, with a focus on security and control.
• The lack of a credible Community-wide border regime has led to opaque and complex legal frameworks, undermining the effectiveness of EU policy.

4. Asylum

• The legal framework for asylum is marked by low minimum standards and wide discretion for member states.
• The Dublin II Regulation and EURODAC system are central to current asylum policy, but they have been criticized for being overly restrictive and lacking transparency.
• The European Refugee Fund and the Asylum Qualification Directive aim to improve the asylum system but are not yet fully effective.
• The EU's commitment to humanitarian values is not consistently reflected in the implementation of asylum policies.

5. Main Causes of Low Convergence

• The main barriers to convergence include:
  • Lack of political courage and commitment to supranational governance.
  • Absence of a coherent legal framework that supports human mobility and diversity.
  • Insufficient protection of fundamental rights and asylum seekers.
• These factors hinder the development of a common, coherent, and effective policy that promotes freedom, justice, and stability.

6. Conclusions

• The EU needs to move beyond intergovernmental practices and towards a more integrated and harmonized approach.
• A common policy should be based on the principles of legitimacy, efficiency, equality, and solidarity.
• The current legal instruments, while significant, do not fully reflect the values of the EU and require further development and reform.

7. Policy Recommendations

• The authors propose a set of policy priorities to enhance the effectiveness of the AFSJ.
• These include improving the protection of fundamental rights, strengthening the asylum system, and developing a more integrated and transparent border management framework.
• The recommendations emphasize the need for a balanced approach that respects both security and freedom.

Key Information

• The EU has not yet achieved full policy convergence in immigration, borders, and asylum.
• The Tampere and Hague Programmes have set important policy agendas, but implementation has been inconsistent.
• The legal framework for regular migration includes the right to permanent residence, but is still subject to national restrictions.
• Irregular migration policies are characterized by a focus on security and control, often at the expense of human rights.
• The Schengen acquis remains under intergovernmental control, leading to fragmented and opaque legal outcomes.
• Asylum policies are criticized for lacking common standards and failing to meet international human rights commitments.
• The book highlights the need for a more unified, rights-based, and solidarity-driven approach to migration and asylum.

Policy Priorities

The European Commission has outlined ten key policy priorities for the next five years, including:

1. Fundamental rights and citizenship
2. Fight against terrorism
3. Common asylum area
4. Migration management
5. Integration
6. Internal and external borders and visas
7. Privacy and security in information sharing
8. Organised crime
9. Civil and criminal justice
10. Freedom, security, and justice

Conclusion

The book underscores the need for a more cohesive and rights-respecting EU policy on migration, borders, and asylum. It calls for greater political will, a more unified legal framework, and the recognition of fundamental rights as central to the development of a sustainable and just European migration policy.