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Elspeth Guild, Jean Monnet Professor ad personam Radboud University, Nijmegen

Elspeth Guild, Jean Monnet Professor ad personam Radboud University, Nijmegen. Constructing and Imagining Migration in the EU European Migration Network  27 September 2011, Helsinki. Mobility in the EU.

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Elspeth Guild, Jean Monnet Professor ad personam Radboud University, Nijmegen

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  1. Elspeth Guild, Jean Monnet Professor ad personam Radboud University, Nijmegen Constructing and Imagining Migration in the EUEuropean Migration Network 27 September 2011, Helsinki

  2. Mobility in the EU Between 31 August and 6 September 2009 the total number of entries and exits registered during one week at all the external borders of the European Union was: • TOTAL: 12,907,581 • EU Nationals: 9,312,665 • Third Country Nationals (non visa): 2,130,256 • Third Country Nationals (visa): 1,464,660 Sea Borders: 1,101,677 Land Borders: 5,035,709 Air Borders: 6,770,195 Council Document 13267/09, 22 September 2009.

  3. Mobility - Visas Total Short Stay Visas (Schengen) issued 2009: • 9,605,876 • Percentage of applications not issued: 7.11% Total Short Stay Visas (Schengen) issued 2010: • 11,060,261 • Percentage of applications not issued: 5.79% Total Long Stay Visas issued in 2009: • 1,018,178 Source: European Commission Communication COM(2011) 248 final; 4.5.2011; http://ec.europa.eu/home-affairs/policies/borders/borders_visa_en.htm

  4. Unwanted Mobility? Apprehensions and removals 2009 Apprehensions of persons irregularly present: 570,660 Removal Orders against persons irregularly present: 598,755 Effective Returns: 252,785 Asylum and immigration related deaths in EU: January 2009 – 30 June 2010: 38 Sources: European Commission Communication COM(2011) 248 final; 4.5.2011; Institute of Race Relations European Race Audit Briefing Paper No 4 October 2010.

  5. Migration in the EU New Residence Permits Issued in 2009: Family: 660,200 Education: 509,600 Employment: 645,800 Other: 527,400 Total: 2,343,000 Source: Eurostat Statistics in focus 43/2011

  6. Between immigrant, foreigner and citizen? Total EU population: 501 million Third country nationals resident in the EU 2010: 20.2 million = 4% EU residents born in a non-EU country: 31.4 million = 6.3% Source: Eurostat Statistics in Focus 34/2011

  7. Migration as the mechanism of separation • Who is a citizen? • Who is an EU citizen? • Who is an immigrant? • Who is an irregular immigrant?

  8. Migration as the organising principle for discrimination • The rights of citizens: national constitutions; • The rights of EU citizens: The prohibition on discrimination on the basis of nationality Article 18 TFEU; • The rights of third country nationals: The prohibition on discrimination on other grounds Article 19 TFEU • Immigration as a field of exception.

  9. Where are the limits of discrimination? Visas and Borders: • Article 39 EU Visa Code (Regulation 810/2009); • Article 6 Schengen Borders Code (Regulation 562/2009); Expulsion: • Preamble 21 Returns Directive (Directive 115/2008)

  10. The EU Charter of Fundamental Rights Equality: • Article 21(1) – prohibition on discrimination on ground of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; • (2) nationality only within the scope of application of the Treaties.

  11. The Problem of Practices Diversity and integration: The application of integration tests: Article 7(2) Directive 2003/86 (family reunification); • Article 5(2) Directive 2003/109 (long term residents). Unfulfilled promises of equality?

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