Rights and democracy: an antagonistic relationship in European migration policy? The power of the demos and the rights of the barbarians Giovanna Zincone Rights, Democracy and Migration Challenges and Opportunities University of Geneva 25 27 June 2015 IMISCOE 12th Annual Conference nccr On the move 1st Annual Conference My presentation at a glance... The Matrix Current challenges to the Matrix features across Europe Tightening (and not just tightening) policies in recent years Rising anti-immigrant opinions & parties A special focus on Italy Fragility of the liberal counterweights In need of fairer relations with the demos: a political answer Economic and fiscal critical
points Junction Cultural and security critical points Pericles oration. The democratic Matrix & its closures Cultural and institutional pride Fear of attack by disloyal insiders backed by foreign undemocratic powers Fear of barbaric inflows State of war Legal formalisation of citizenship (451 450 B.C.) Proto-welfare protection: risks of overstretching Cultural and security challenges The current Matrix under stress Cultural pride: the barbarians are backward and intolerant in the public and private spheres
Fear of disloyalty: they are the breeding ground for terrorism, in our current state of asymmetrical war Economic and fiscal challenges Junction Fear of unauthorized inflows invasion Impact on immigrant rights and access policies Fiscal and financial crisis plus EU and domestic constitutional constraints on public expenditure, breeding the fear of competition on welfare Slow or no economic growth & unemployment fear of competition on work Challenge 1(a): Invasion Unauthorized flows at EU's external borders 2011-14 300,000 250,000 200,000 150,000
100,000 50,000 0 2011 2012 All borders Land borders 2013Sea borders Detection of illegal border crossing between border crossing points (2011-2014) Source: Frontex, Annual Risks Analysis, 2015 2014 Challenge 1(b): Burden and invasion Asylum and refugees status applications Top ten countries by number of asylum seekers, 2014 Source: Eurostat Challenge 2 (Burden or Competitors) Foreigner vs national unemployment (2014)
40 35 30 25 20 15 10 5 0 Foreigners 16 14 12 10 8 6 4 2 0 ry m li c us nd via ourg alta land ub nga gdo ypr rela Lat
b M p C Po I Hu Kin Re em x h d Lu ec ite Cz Un Source: Eurostat Nationals ) n a y al ia
in rk m ce ds ce nd ria ies ni de an lan en lgiu ran Spa st r ee nma rtug inla e to v t r u m r s o F r A
G e E F un Sw Po Sl Be De Ge eth co 8 N (2 n io n U n ea p The Gap ro Eu l Ita
y Tightening policies in recent years Also as a consequence of the economic crisis a reduction in access to fundamental rights (EU Parliament report 2015) Selective borders policies: favoring high skills, discouraging less productive segments, limiting their impact on welfare systems (also of EU migrants) Sliding borders: integration abroad All that notwithstanding . Rights-based migration flows still continue, and in most EU countries they are still producing positive net migration Also managed labour migration flows have continued
under different forms, allowing also non high skilled migrants Multiculturalism is still resisting & nationality laws have not been uniformly tightened in the EU The Italian case From anti-immigrant parties to anti-immigrant policies? Anti immigrant parties in power Courts & civil society & EU suasion undermined BossiFini Law (2002) & Security Package (2009) Civil society & Market (inflows, amnesties) Pragmatic problem solving (mass regularizations)
Immigration from outside EU does evoke a positive or a negative feeling? Source: Eurobarometer, Autumn 2014 The Italian case (1a) - From anti-immigrant PO to anti-immigrant winning coalition? The Italian case (1b) From anti-immigrant PO to anti-immigrant winning coalition? Hierarchy of public opinion concerns The big leap forwards The Lega Nord outside its traditional territorial settlement, Italian elections 2013-2015 Region % 2013 Regional elections % 2014 European elections % 2015 Regional elections Liguria
13,267 0 2011 2012 2013 2014 Source: Ministry of Interior, Frontex for 2014 4000 3500 3000 2500 2000 1500 1000 500 0 Source: OIM Jan 2013 Jan 2014
Jan 2015 Anti-immigrant opinions in Italy: the left electorate % Immigrants are a burden: they take jobs & social benefits All 69% Left 53% Source: Pew Research Center, May 2014 % Unfavourable views of Muslims All 63% Left 50% Growth of anti-immigrant parties in some European countries European elections (2009 and 2014) Country Main antiimmigration party
% 2014 % 2009 Finland PS (True Finns) Dansk Folkeparti 12.9 -- 26.6 14.8 Sverigedemokrater na UKIP 9.7 3.3 26.7 16.1
6.1/3.7 10.2/0.8 Denmark Sweden UK Italy Lega Nord/Fr.dIt. France Front National 24.9 6.3 Hungary Jobbik 14.7 14.7
Austria FPOe 19.7 12.7 Netherlands PVV 13.3 16.7 Source: European Parliament Potential liberal counterweights CONSTITUTIONAL RIGHTS AND COURTS INTERNATIONAL CHARTS AND
COURTS MARKET FORCES ORGANIZED CIVIL SOCIETY AND ADVOCACY Take the demos seriously: a moral and political obligation In my country and in other self-styled democracies, can we just rely upon liberal counter-weights to the majority will? Is this not a fragile and quite unfair remedy? And, above all, will it last?
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