Immigration: Why Brussels will be blamed

Written by Hugo Brady, 27 September 2010

By Hugo Brady

Liberal Sweden elects an explicitly anti-immigrant party to parliament for the first time. France's president and the European Commission lacerate each other in public over deportations of Roma. A former German central banker publishes a bestseller warning that immigration is diluting the nation's human stock. And even Britain moves forward with plans to cap economic immigration. The last three weeks have been a startling illustration of how immigration has come to dominate European politics.

At first, the EU seemed only a marginal player in this drama. The European Commission cannot dictate how many immigrants member countries let in, how many refugees they accept or how host societies should integrate newcomers. EU powers over the issuing of work visas are limited. But, as the row between President Sarkozy and Viviane Reding, the EU's justice commissioner, demonstrates, the Union has become a central player in immigration policy, even when governments point to public safety to defend their actions. This is mainly because the Commission is legally obliged to protect the mobility rights of citizens under a 'free movement' directive agreed by governments in 2004. (The law aims to make sure that EU nationals can move to each others' countries without the need for work or residency permits, a commitment originally laid down in the EU's founding treaties.)

This responsibility is unlikely to make the EU any more popular with the public, however. It means EU law limits the powers of national governments to tighten immigration policy in response to popular demand during tough economic times. Britain, for example, will set a cap on the numbers of new immigrants coming to the UK starting next year. But the cap seems largely cosmetic, given that citizens from EU countries will continue to be able to seek work there under free movement rules. Voters tend to value control and security over the freedoms they either do not use or take for granted. And there are a number of reasons to think that – in the febrile political atmosphere created by the 2009 recession - they may begin to regard the EU as part of the problem rather than the solution to immigration challenges.

For starters, EU officials should remember that what they often doctrinally dismiss as merely 'free movement' is immigration in anyone else's language, including Europe's politicians. Tensions over immigrants were evident in Western Europe long before the onset of global recession. And they are bound to continue because the east-west European migration that followed the EU's 2004-2007 enlargement has yet to run its course. Germany and Austria will lift transitional restrictions on the free movement of workers from eight Central and East European countries next year. All EU countries must do the same for Bulgaria and Romania by 2014.

Second, the Commission has plans to toughen up the application of EU rules on asylum seekers over the next two years. It will propose higher standards for the treatment and accommodation of refugees and access to the job market for those who wait a long time for their claims to be heard. But like few other issues, the cost of maintaining asylum seekers touches a very raw nerve, especially in countries that are faced with budgetary austerity. The Sweden Democrats owe their electoral success in part to widespread public concerns over the country's recent generosity to thousands of Iraqi refugees. However high-minded the intention, the cost implications of the Commission's proposals may further erode public support for the EU especially as governments are likely to portray such measures as being imposed by Brussels.

Third – as Commissioner Reding has already made clear in the case of France – she wants EU rules on free movement to be more strictly enforced in every member-state, and is prepared to take miscreant countries to court, if necessary. Reding's zeal to apply the law is laudable: EU rules must be uniformly implemented across the 27 member-states to be effective. However she also risks opening a Pandora's box of national discontent at the wrong time. Several EU countries grumble that the free movement directive is too broad in scope, especially after a 2008 court ruling expanded free movement rights even to non-EU nationals in certain circumstances. Faced with a further ultimatum by Reding, governments might be tempted to support a proposal from Italy to water down the directive and allow governments greater leeway to refuse residency based on economic circumstances or security concerns.

If the Commission refused to table such a draft, it might hand a political platform to far right and eurosceptic forces throughout the EU. On the other hand, the EU's institutions have little choice but to stand firm in the face of pressure to compromise on free movement rights or to ignore their non-implementation. They believe - probably rightly - that if such freedoms were rescinded or weakened now, EU governments would not return to the status quo at a future date. Welcome to Europe's battle over immigration and free movement. Appalled Swedish liberals, a floundering French president and an indignant European commissioner are just the opening salvos.

Hugo Brady is a senior research fellow at the Centre for European Reform.

Comments

Added on 29 Sep 2010 at 17:27 by anonymous

I'm dissapointed.
This truly goes to show how removed "the elite" like Hugo Brady are from reality.
"But, as the row between President Sarkozy and Viviane Reding, the EU's justice commissioner, demonstrates, the Union has become a central player in immigration policy, even when governments point to public safety to defend their actions. This is mainly because the Commission is legally obliged to protect the mobility rights of citizens under a 'free movement' directive agreed by governments in 2004. (The law aims to make sure that EU nationals can move to each others' countries without the need for work or residency permits, a commitment originally laid down in the EU's founding treaties.)".

Mr. Brady, I'm sorry to say this but this is not the point. The Roma in France are not the point. It's not the movement of European nationals to other EU countries that are upsetting voters all across our countinent - it's non European immigration.
Specifically Islamic, non western, third world immigration.

Defend immigration all you want - but the fact that you can't even comprehend what Europeans consider to be the issue is nothing short of ludicrous. You're not adressing the issue. The people who voted for the Sweden Democrats didn't do it out of a conviction to keep the polish carpenters away - they are sick of what they percieve as an attitude among politicians that non western immigrants who come to Western Europe don't have to assimilate.

Could we kindly not pretend anything else.

Alex. A.

The EU’s new politics of movement

Written by Hugo Brady, 17 February 2011

by Hugo Brady

The freedom enjoyed by EU citizens to live and work in each others' countries is a unique liberty. It is the basis around which European governments have tried to build a single border, a compensatory system of co-operation between police, judges and immigration officers and a common refugee policy. But hardening attitudes towards immigration in many countries and widening policy disagreements between governments and the EU's institutions are exposing fault-lines in this structure. As the cracks threaten to widen over the coming months, policy-makers face some tricky dilemmas.

For a start, some EU governments are struggling with the very concept of free movement. The Dutch government – prodded by far-right politician and coalition kingmaker Geert Wilders – recently announced that it wants to renegotiate the free movement directive. At first sight, the Dutch demand does not seem that outrageous: change the law to allow governments to deport EU nationals with criminal records back to their home countries. The problem is that any re-opening of the 2004 directive risks sparking a plethora of demands from France, Italy or Britain to restrict free movement in other ways. The law was also at the centre of last year's spectacular row between the European Commission and France over arbitrary deportations of Roma. Poorer countries like Poland, Hungary or Romania would be livid, leading to a bitter split between east and west and, possibly, north and south.

Second, the Schengen area – the passport-free travel zone that incorporates most countries where free movement applies – is showing signs of strain. The most startling example of this is the partial takeover of Greece's border with Turkey by Frontex, the EU's border agency, due to a spike in illegal arrivals across the Evros river. Schengen is a bit like the euro, where countries share the benefits of a common good but largely trust each other to run a tight ship at home. However Greece already appears to view the Frontex mission as permanent, throwing up questions of moral hazard amid years of under-investment in its border services. With Italy appealing for similar intervention to help with migratory pressures from Tunisia, we could be witnessing the de facto creation of a European border guard. That development will take many EU countries by complete surprise.

Meanwhile, Bulgaria and Romania are adamant that they should join the Schengen area this year. But despite diplomatic bluster from both governments, neither is yet truly ready to cope with the kind of situation currently evident in Greece. For example, the Romanian port of Constanta risks becoming a Baltimore-on-the-Black Sea if traffickers and smugglers operating in the region can access the Schengen area there under current conditions: organised crime and corruption are commonplace. Moreover, Schengen entry is probably the last piece of leverage the EU has left to encourage both countries to cleanse corruption, reform their judiciaries and step up the fight against serious crime, as they solemnly promised to do in 2007. To argue that these issues are irrelevant to the maintenance of a common border is to dwell on niceties: they are all inherently linked to the rule of law.

Third, the EU's common asylum system is broken. Its cornerstone principle – that those fleeing persecution must apply for refugee status in whatever EU country they first reach – has been undermined by a recent judgement of the European Court of Human Rights on sub-standard refugee conditions in Greece.* The court exposed publically what governments and the European Commission already knew: despite the theoretical existence of common asylum rules, EU countries apply these more according to their national administrative traditions than the spirit of European law. Sadly, there is little agreement between Northern Europeans, the Mediterranean member-states or the Commission about what direction reform should take. While the Commission wants to raise standards and create some exceptions to the first-country-of-arrival rule, most governments oppose any liberalisation on the grounds of cost or moral hazard or both. Indeed the Netherlands wants the rules toughened to make it more, not less, difficult to claim refugee status; Sweden has tightened its own system in response to a rise in support for the far-right; and the UK has opted out of most of the new legislation proposed. This matters because no common border can work without an agreed approach to refugees: asylum seekers have special rights under international law to cross national frontiers. And with a fresh refugee crisis brewing in the EU's North African neighbourhood, it is imperative that the current system be replaced with something workable.

Fourth, the EU is about to embark on a complex and difficult debate about the sharing of police data across borders. EU countries have responded to the loss of control over their borders by creating ever more IT systems for sharing information like fingerprints, DNA records and criminal convictions. Later this year, Viviane Reding, the EU's justice commissioner, will unveil a robust new regime for protecting personal privacy in such cases, as well as an overall agreement with the US on data exchanged for the purposes of counter-terrorism and other serious crimes. The problem here is that the Commission is attempting to regulate the exchange of police files for the first time, using new powers under the Lisbon treaty. The issue is full of potential pitfalls. Given the disparity between national regimes for handling police data, an over-zealous proposal from the Commission would set it on a collision course with national security establishments across the EU and possibly provoke fresh tensions with the US. It is also questionable whether – as the Commission intends – a single EU system covering both commercial data and police records is feasible. It is important that information on private citizens shared across borders between police forces with different cultures and levels of professionalism is subject to credible restrictions. So too is the need for law enforcement bodies to work effectively together across borders. The Commission must exercise subtlety and good judgement.

The EU has a new politics of the interior. Failure to address any of the aforementioned issues correctly would undoubtedly have consequences for free movement and passport-free travel given the current political climate in Europe. It is no co-incidence that both France and the Netherlands have already recently attempted to step up police checks at their borders, in contravention of EU rules. As with the original system underpinning fiscal stability in the eurozone, some EU policies to do with border management, refugee protection and police co-operation were poorly designed. Their consequences, flaws and inherent contradictions will trigger much political and diplomatic confrontation in the months ahead. Many will say this is healthy: policies that have hitherto enjoyed years of cozy consensus and relative anonymity are now subject to proper scrutiny and debate. That is true enough. But the battles ahead are not for the faint-hearted.

Hugo Brady is a senior research fellow at the centre for European Reform

* M.S.S. v Belgium and Greece, http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=880339&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649