REGINE Regularisations in Europe Final Report - European ...

particular, the clear policy choice expressed in Article 69 – regularise or expel – is a reasoned and fair
dictum that would have been well-heeded by the framers of the Return Directive. 376
Finally, the rights of child migrants constitute a matter of paramount importance that has yet to be
adequately addressed within the EU framework. The UN 1989 Convention on the Rights of the Child
represents a clear legal and moral guiding force, while most European policy has relegated it to
perfunctory recital alongside rare practical adherence.
9.5 The logic of policy choices
In formulating the policy options of §8, we have been guided by three discrete sets of information.
These can be categorised as policy principles that are appropriate for this specific policy area; policy
issues that have been identified in §3.3 and policy positions (of Member State governments, of civil
society, and of international law) as previously identified in this chapter. Each is briefly discussed
below.
9.5.1 Policy principles
The main principle that we deduce from research within this study is that single measures (e.g.
outlawing one form of regularisation or encouraging another) cannot be an appropriate response in
tackling regularisations. Rather, any state or EU response must consist of several measures in
different areas that take account of this diversity. For regularisation policy, this means that ‘one-sizefits-all’
solutions are not only ineffective but are also likely to provoke or exacerbate related problem
areas. Thus, we reject the concept of a simple common policy, and recommend that a coherent,
flexible set of measures be adopted: this might include a legislative component, although ‘soft’
measures are likely to yield better results in this complex area.
The second principle – derived as a conclusion from earlier analysis and guiding our policy options –
is that regularisation policy cannot be formulated in isolation from other policies, i.e. as stand-alone
policy. It is vital for its effectiveness that it is fully integrated with broader policies on illegal
migration: these include, at the very least, policies on border management, return, asylum and
subsidiary protection. These in turn must be integrated with policies on legal migration, including visa
policy. Thus, the following policy options are explicitly framed in this broader context. As a corollary,
one should note that the proposed options largely consist of strategies that are not mutually exclusive
but, rather, complementary.
376 The view of the European Commission is that the Directive applies only after a Member State has determined
that a third country national is illegally staying, therefore the policy choices prior to such a determination lie
outside of the purview of the Directive.
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