Migration in Europe:
Fortress Europe or Opportunity Europe?

Rules were also drawn up for migrants’ entry and residence (recognising Europe’s need of them) – and it was determined to approximate the rights of “third country” nationals to EU citizens.

However, since the events in America of September 11^th 2001, Europe has been showing a more fortress-like aspect towards migrants. Security and “anti-terrorism” policy has dictated the storage and exchange of interpersonal data (particularly in the case of Muslims) and finger-printing.

Although the EU Constitution binds itself to refugee protection according to the Geneva Convention, in November 2004 the Council Of Ministers came up with an amended directive for asylum procedures; according to its terms, an accelerated decision can be made at border or airport or seaport as to whether an individual is even eligible for full asylum determination-procedure. The UN High Commissioner For Refugees, NGOs and the churches all regard this as extremely problematic. And Italy has developed a practice of financing camps in Libya for deported refugees. Since Libya is not party to the Geneva refugee convention, the legality of this procedure should be examined by the Council Of Europe in Strasbourg.

Meanwhile, however, Europe’s recognition is gaining ground of that need for skilled migrants (with European populations declining and elderly) – particularly in areas like health and caring, crafts, the hospitality industry, agriculture. January 2005 saw the European Commission present a Green Book on Labour Immigration. Entry and employment requirements have been so complicated that many migrants turned to the traffickers and the shadow economy. But now Spain is beginning to stand out as a model of how to regulate a shadow economy : a country must provide relevant services (for accessing the labour market, e.g., the processing of documents), rather than always resort to withdrawal of residence-status. Across the board, indeed, the EU should begin to honour the contribution of migrants by investing in relations with third-countries – rather than pressing them to control emigration. And Europe should ratify the 2003 international Convention for the rights of migrant workers and their families.

Doris Peschke