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specific aspects of regularisation policy, including to what extent regularisation is an effective policy tool, 38 the socio-economic impact of regularisations 39 and a large number of broader reviews of migration policy that also cover regularisations. 40 2.2 Illegal migration, the informal economy and regularisation as an instrument to combat illegal employment A second important impetus for research on regularisation has come from the Organisation for Economic Cooperation and Development (OECD). The OECD has consistently been reporting on major regularisation programmes (or amnesties, the term preferred by the OECD) in selected OECD member states in its annual SOPEMI reports since the mid-1990s. 41 In contrast to the Odysseus study (discussed below) and various other mapping studies that have been published since, the focus of the OECD writings on regularisation has been less concerned with legal aspects. Indeed, none of the major OECD publications on the topic have much to say on either the conceptual or the legislative aspects of regularisation, nor has the OECD considered regularisation practices in the wider sense (as done by this study). In addition, OECD studies essentially cover only regularisation programmes. The statistics published by the OECD on regularisations, moreover, do not systematically distinguish between applications and actual grants of regularisation. Refugees and Population. Strasbourg: Council of Europe, online under http://assembly.coe.int/main.asp?Link=/documents/workingdocs/doc07/edoc11350.htm; Levinson A. (2005): The Regularisation of Unauthorized Migrants: Literature Survey and Country Case Studies, Oxford: Centre on Migration, Policy and Society, University of Oxford. http://www.compas.ox.ac.uk/publications/Regularisation%20programmes.shtml; Sunderhaus, S.(2006): Regularization Programs for Undocumented Migrants. A Global Survey on more than 60 Legalizations in all Continents. Saarbrücken. VDM Müller. A summary of the study has also been published as Sunderhaus, S. (2007): Regularization Programmes for Undocumented Migrants. Migration Letters, 4, 1, pp.65-76 38 Papademetriou, D. (2005): The “Regularization” Option in Managing Illegal Migration More Effectively: A Comparative Perspective. MPI Policy Brief, September 2005, No.4, available at: http://www.migrationpolicy.org/pubs/PolicyBrief_No4_Sept05.pdf, Papadopoulou, A. (2005): ‘Regularization Programmes: An effective instrument of migration policy?’ Global Migration Perspectives Nr.33. Geneva: Global Commission on Migration, available online at http://www.gcim.org/attachements/GMP%20No%2033.pdf, 39 Papademetriou, D., O’Neil, K., Jachimowicz, M. (2004): Observations on Regularization and the Labor Market. Performance of Unauthorized and Regularized Immigrants. Hamburg: HWWA 40 Heckmann, F., Wunderlich, T. (eds.) (2005): Amnesty for Illegal Migrants? Bamberg: efms; Migration Policy Institute (with Weil, P.) (2004): Managing Irregular Migration. Presidency Conference on Future European Union Cooperation in the Field of Asylum, Migration and Frontiers Amsterdam, 31 August - 3 September, 2004 Policy Brief Nr. 4. Washington: Migration Policy Institute. Available at http://www.migrationpolicy.org/events/2004-08-31.euroconf_publications.php; OECD (2000): Combating the Illegal Employment of Foreign Workers. Paris: OECD. 41 See OECD (1994): Trends in International Migration. Annual Report 1993. SOPEMI. Paris: OECD, p.47; OECD (1997): Trends in International Migration. Annual Report 1996. SOPEMI. Paris: OECD, p.57; OECD (1998), Trends in International Migration. Annual Report. 1998 Edition. SOPEMI. Paris: OECD, p.60-62; OECD (1999): Trends in International Migration. Annual Report. 1999 Edition. SOPEMI. Paris: OECD, p.75- 77; OECD (2001): Trends in International Migration. Annual Report.2000 Edition. SOPEMI. Paris: OECD, p.82 and ff. OECD (2001): Trends in International Migration. Annual Report. 2001 edition. SOPEMI. Paris: OECD, pp.80-81; OECD (2003): Trends in International Migration. Annual Report. 2002 edition. SOPEMI. Paris: OECD, pp.89-91; OECD (2004): Trends in International Migration. Annual Report. 2003 edition. SOPEMI. Paris: OECD, pp.69-72; OECD (2006): International Migration Outlook. 2006 edition. SOPEMI. Paris: OECD, pp.81-83; OECD (2007): International Migration Outlook. 2007 edition. SOPEMI. Paris: OECD,pp.106-108. 12
Generally, the focus of SOPEMI reports, as well as more specialised OECD publications, 42 is on social and economic aspects of regularisation policies. In particular, OECD reports have gone the furthest in assessing the impact of regularisation exercises on labour markets, most notably the informal economy and migration patterns. In so doing, the OECD studies have provided important insights into specific aspects of regularisation policy not sufficiently covered by most other studies. In the recent 2007 International Migration Outlook 43 , the OECD sees the persistence of regularisation as an actual or potential policy tool in a number of its Member States. However, it also observes a shift from general amnesties to targeted regularisations which, according to the OECD, also muster more support than general amnesties. 44 The OECD points out several possible advantages of regularisation programmes. First, they provide information to the authorities, for example, “on the number of immigrants meeting the required conditions, on the networks which have enabled undocumented foreigners to remain illegally and in the economic sectors most concerned.” 45 Secondly, regularisation programmes “provide an opportunity to accord a status and rights to foreign workers and residents who have been in the country for several years in an illegal situation.” Thirdly, “where numbers of illegal immigrants reach critical dimensions, regularisation can meet public security objectives”, in particular where the prevention of exploitation and the taking-up of illicit or criminal activities by illegal immigrants is concerned. 46 Thus, by opening up broader employment opportunities, regularisation programmes may discourage the pursuit of unlawful activities. 47 However, the OECD notes also various disadvantages and negative consequences of regularisation programmes. First, they may encourage future illegal immigration. Secondly, they can inadvertently reward law-breaking and queue-jumping, thus disadvantaging lawful immigrants. Regularisation programmes may also have negative policy impacts in that frequent recourse to large-scale regularisation programmes may inhibit the elaboration and improvement of formal admission systems. Finally, the OECD observes that large scale employment-based regularisation programmes have often been associated with massive fraud – notably in Spain and Italy – indicating that key objectives of employment based programmes, namely the formalisation of informal work, have not 42 OECD Secretariat (2000): ‘Some Lessons from Recent Regularisation Programmes’. In: OECD (ed.): Combating the Illegal Employment of Foreign Workers. Paris: OECD, pp.53-69. See also Garçon, J.P. (2000): ‘Amnesty Programmes: Recent Lessons’. In: Çinar, D., Gächter, A., Waldrauch, H. (eds): Irregular. Migration: Dynamics, Impact, Policy Options. Eurosocial Reports. Volume 67. Vienna: European Centre for Social Welfare Policy and Research, pp.217-224. 43 OECD (2007): op.cit. p.106. 44 It is debatable, however, to what extent the perceived shift towards targeted regularisation programmes is actually a consequence of the shift away from the almost exclusive focus on employment based regularisations in most earlier publications by the OECD and particular its neglect of regularisations on humanitarian grounds, family ties, reasons linked to length of asylum procedures, complementary protection, etc. In other words, the perceived shift towards targeted regularisations may be the consequence of change in perspective on regularisations as much as it reflects changes in actual practice. 45 OECD (2000): op. cit. p.81 46 Ibid.; for a recent review of European studies on regularisations as a tool to address vulnerability, social exclusion and exploitation of irregular migrants see A.Kraler (2009), Regularisation of Irregular Immigrants - An Instrument to Address Vulnerability, Social Exclusion and Exploitation of Irregular Migrants in Employment? Paper written on behalf of the Fundamental Rights Agency (FRA), forthcoming at http://fra.europa.eu 47 OECD (2003): op. cit. p.89 13
Page 1 and 2: REGINE Regularisations in Europe St
Page 3 and 4: CONTRIBUTORS Principal authors Mart
Page 5 and 6: Preface In December 2007, the Europ
Page 7 and 8: 1 Terms, definitions and scope 1.1
Page 9 and 10: Table 1: Types of illegal or irregu
Page 11 and 12: 1.3 Freedom of movement rights and
Page 13 and 14: 1.4 The meaning of ‘regularisatio
Page 15 and 16: Regularisation Mechanism A regulari
Page 17: 2 Previous comparative studies on r
Page 21 and 22: enefiting from regularisation has s
Page 23 and 24: amnesty and moreover involved (limi
Page 25 and 26: 2. 3 The Odysseus study on regulari
Page 27 and 28: etween expediency and obligations c
Page 29 and 30: Sunderhaus identifies several ratio
Page 31 and 32: whether it can be attributed to pul
Page 33 and 34: Box 2: 3-tier earned regularisation
Page 35 and 36: measures; it does address questions
Page 37 and 38: 3.1.1 Regularisation Programmes Ove
Page 39 and 40: Nine Member States provided details
Page 41 and 42: Figure 3 Grants of regularised stat
Page 43 and 44: Box 3: Regularisation policy in Swi
Page 45 and 46: 3.2 Regularisation as a policy resp
Page 47 and 48: Table 5: Comparative table of regul
Page 49 and 50: case in Europe, alongside the more
Page 51 and 52: that a year after regularisation so
Page 53 and 54: treatment according to nationality,
Page 55 and 56: iii. issues of advance planning iv.
Page 57 and 58: iv. the requirement to appear in pe
Page 59 and 60: denying residence permits to existi
Page 61 and 62: efugees under the provisions of the
Page 63 and 64: 4 Government positions on policy 15
Page 65 and 66: 5 Positions of social actors 5.1 In
Page 67 and 68: Since the 1990s - and in some count
Page 69 and 70:
live their lives without fear.” 1
Page 71 and 72:
admission policies. 181 The Danish
Page 73 and 74:
and useful, if planned and implemen
Page 75 and 76:
depend on (unskilled) immigrant lab
Page 77 and 78:
migration”. 209 In the opinion of
Page 79 and 80:
stresses that “economic immigrati
Page 81 and 82:
undocumented migrants by the Brusse
Page 83 and 84:
NGO/Country Main activities in rega
Page 85 and 86:
NGO/Country Assessment of own role/
Page 87 and 88:
known that this makes them vulnerab
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eaching reforms of the overall fram
Page 91 and 92:
Accord of March 2008 have not yet b
Page 93 and 94:
Table 8: Suggested target groups fo
Page 95 and 96:
policy measures that could be adopt
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followed by the granting of any sta
Page 99 and 100:
for irregular migrants, while Italy
Page 101 and 102:
interpretations of the EU directive
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considered to be “flexible, adapt
Page 105 and 106:
iii. Measures and sanctions against
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of international protection, it is
Page 109 and 110:
7.2 European Union approaches to il
Page 111 and 112:
immigration.” 321 Finally, the st
Page 113 and 114:
involve large numbers. Secondly, th
Page 115 and 116:
8 Policy Options OPTION 1: REGULATI
Page 117 and 118:
initiative. In the case of permanen
Page 119 and 120:
Ultimately, a comprehensive definit
Page 121 and 122:
nor need it be seen as an endorseme
Page 123 and 124:
permits, Member States should take
Page 125 and 126:
OPTION 6: STRENGTHENING THE PRINCIP
Page 127 and 128:
Rationale and possible impact: Upon
Page 129 and 130:
information exchange could contribu
Page 131 and 132:
d) apprehension data should disting
Page 133 and 134:
OPTION 11: REVIEW OF ADMINISTRATIVE
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9 Conclusions and preferred policy
Page 137 and 138:
management of irregular migration s
Page 139 and 140:
more reserved than that of Business
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9.5.2 Policy issues Previously (in
Page 143 and 144:
Option 6a Facilitating access to lo
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Italy Ministerio Interno, Dipartime
Page 147 and 148:
Federacion Andalucia ACOGE, Respons
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11 References - secondary sources 1
Page 151 and 152:
United Kingdom, European Democrat G
Page 153 and 154:
Hollifield, J. (2004): ‘France: R
Page 155 and 156:
Papademetriou, D. (2005): The “Re
Page 157 and 158:
Watts, J. (2002): Immigration Polic
Page 159:
European Commission, Proposal for a
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