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REGINE Regularisations in Europe Final Report - European ...

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4 Government positions on policy 155<br />

4.1 Views on national policies for regularisation<br />

Concern<strong>in</strong>g the need for policy on regularisation at the national level, 10 Member States either did not<br />

express an op<strong>in</strong>ion or failed to return the questionnaire. Three Member States (the Slovak Rep.,<br />

Romania, Bulgaria) emphasise that a mechanism is sufficient policy; four (Belgium, Portugal, Spa<strong>in</strong>,<br />

Greece) identify management of <strong>in</strong>formal employment as a key factor <strong>in</strong> the need for programmes;<br />

and four (France, Greece, Italy, Poland) see regularisation programmes as an important tool <strong>in</strong><br />

migration management. One Member State (Austria) considers that humanitarian reasons are the only<br />

legitimate reason for regularisation; six other Member States emphasise humanitarian reasons, along<br />

with several other factors (Belgium, Hungary, Luxembourg, Poland, Portugal, Spa<strong>in</strong>). One Member<br />

State (France) considers a regularisation mechanism to be an important tool <strong>in</strong> deal<strong>in</strong>g with nondeportable<br />

aliens; one (Greece) emphasises the criterion of social <strong>in</strong>tegration of immigrant<br />

populations for its recent regularisation policy. The Member States’ positions more or less correspond<br />

with actual practice over the last decade, i.e. with a majority us<strong>in</strong>g the policy <strong>in</strong>strument (albeit with<br />

slightly different objectives).<br />

Of those Member States express<strong>in</strong>g extreme reservations about regularisation policy, four (Austria,<br />

Belgium, France, Germany) claim that programmes constitute a pull-factor for future illegal<br />

migration; one (the Czech Rep.) has the view that it is not an effective policy, or is a last-resort policy<br />

(Bulgaria), while F<strong>in</strong>land is of the op<strong>in</strong>ion that it is not a suitable policy <strong>in</strong>strument for manag<strong>in</strong>g<br />

migration. Slovenia considers that regularisation cannot reduce illegal flows, but might cause them to<br />

<strong>in</strong>crease. Overall, there are eight expressions of extreme reservation compared with 25 expressions of<br />

support for some sort of regularisation policy <strong>in</strong>strument(s): these total more than the number of MS<br />

respondents, ow<strong>in</strong>g to complex positions adopted by many MS.<br />

4.2 Views on policy impact on other EU MS<br />

There is an important claim, made by several Member States, that regularisation programmes impact<br />

heavily on other MS. Despite our <strong>in</strong>sistence <strong>in</strong> the questionnaire that evidence or research be provided<br />

to back up any claims, only three were able to do so. These were the Czech Republic, Ireland and<br />

Poland. The Czech Rep. notes that it is a transit route to Italy; Ireland notes new <strong>in</strong>flows <strong>in</strong> order to<br />

benefit from its regularisation policy for parents of children; Poland notes an impact from Germany’s<br />

policy on ‘tolerated persons’. Four countries have no view on the matter; four more (Italy, the Slovak<br />

Rep., Slovenia, Spa<strong>in</strong>) are of the op<strong>in</strong>ion that there is no impact. Three Member States (France,<br />

Greece, Hungary) state that they “assume” that there is an impact on other countries of such policy.<br />

155 This chapter relies solely on the official positions stated by Member States that returned the <strong>REGINE</strong><br />

questionnaire. 21 countries returned the questionnaire, although not all stated their policy positions. There<br />

rema<strong>in</strong>, therefore, substantial gaps concern<strong>in</strong>g MS views.<br />

57

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