A/HRC/23/46
B.
Overview of migration in the European Union
13.
Migration has always been a fundamental part of European history: migrants are
undoubtedly a key element of the cultural, economic and social fabric of the European
Union, and contribute to European society in countless ways. Yet, in recent decades,
migration within Europe has become an increasingly sensitive topic, often leading to
polarized and heated public debates and becoming a decisive election issue in national
elections. Moreover, although migration policies were traditionally the domain of
individual member States, the European Union has, over the past two decades, engaged in a
process of coordination of the rules of admission and on border management, including
common rules on residence of third-country nationals. With 42,673km of external sea
borders and 7,721km of land borders, the Schengen free-movement area, comprising 26
countries (including four non-European Union States) with over 700 million crossings at
the external borders in 2011 alone, is a unique experiment in regional border management.1
14.
The European Union first moved towards cooperation and coordination in areas
strictly linked to security, focusing first on the prevention of cross-border crime. Gradually,
this expanded to harmonization of some rules both in the area of border management and
returns, and the area of asylum and regular migration continues to be developed. However,
it should be noted that key determinants of migration policy, including the ever important
factor of numbers of admissions, including of both regular migrants and refugees for
resettlement, remain within the decision-making power of individual European Union
member States (EUMSs).
15.
On the one hand, the Special Rapporteur welcomes this progressive harmonization
of European Union policy, as migration is certainly a sphere that can benefit from
coordinated regional governance. However, he observes that the development of European
Union-wide standards regarding management of migration at the regional level has not
been matched by a parallel coordinated guarantee of the rights of migrants. While there
have been advances related to rights of regular migrants, including the directives on long term residence and on the single permit, and related to the rights of persons in need of
international protection, harmonization in terms of the rights of migrants in an irregular
situation has been insufficient. Rather, the Special Rapporteur observes that a corollary of
the harmonization of migration law and policy at the European Union level appears to be
the rise of increasingly complex and restrictive rules around conditions of entry, and far
stricter border management policies.
16.
The stricter approach to border control has also been accompanied by more stringent
entry requirements to the Schengen Area. Prior to Schengen, relatively flexible entry
requirements or specific guest worker programmes enabled unskilled migrants to travel to
European Union Member States, to seek out opportunities and then adjust their
administrative status accordingly. Presently, however, the possibilities for such
opportunities remain quite limited as the Schengen system requires most non -European
Union unskilled migrants, particularly from countries of the Global South, to obtain a visa
in order to enter the European Union to look for work.2 This has created a reality whereby
migrants from non-European Union countries, and in particular those from developing
countries without visa facilitation programmes with the European Union, are increasingly
unable to regularly enter the European Union to look for work in person.
1
2
See also, European Commission, 3rd Annual Report on Immigration and Asylum (2011), Brussels,
30.5.2012, COM (2012) 250 final.
T he European Union requires citizens of all Maghreb countries, for example, and most countries in
Africa to be in possession of a visa. See generally: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2001R0539:20110111:EN:PDF
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