Palgrave Studies in European Political Sociology Edited by Carlo Ruzza, Department of Sociology, University of Leicester, UK Hans-Jörg Trenz, University of Copenhagen, Denmark Mauro Barisione, University of Milan, Italy Neil Fligstein, University of California, US Virginie Guiraudon, National Centre for Scientific Research (CNRS), France Dietmar Loch, University of Grenoble, France Chris Rumford, Department of Politics and International Relations, Royal Holloway, University of London, UK Maarten P. Vink, University of Maastricht, The Netherlands Palgrave Studies in European Political Sociology addresses contemporary themes in the field of Political Sociology. Over recent years, attention has turned increasingly to processes of Europeanization and globailzation and the social and political spaces that are opened by them. These processes comprise both institutinoal-constitutional change and new dynamics of social transnationalism. Europeanization and globalization are also about changing power relations as they affect people s lives, social networks and forms of mobility. The Palgrave Studies in European Political Sociology series addresses linkages between regulation, institution building and the full range of societal repercussions at local, regional, national, European and global level, and will sharpen understanding of changing patterns of attitudes and behaviours of individuals and groups, the political use of new rights and opportunities by citizens, new conflict lines and coalitions, societal interactions and networking, and shifting loyalties and solidarity within and across the European space. We welcome proposals from across the spectrum of Political Sociology including on dimensions of citizenship; political attitudes and values; political communication and public spheres; states, communities, governance structure and political institutions; forms of political participation; populism and the radical right; and democracy and democratization. Titles include: Andreas Müller GOVERNING MOBILITY BEYOND THE STATE Centre, Periphery and the EU s External Borders Apostolis Papakostas CIVILIZING THE PUBLIC SPHERE Distrust, Trust and Corruption
Armando Salvatore, Oliver Schmidtke and Hans-Jörg Trenz (editors) RETHINKING THE PUBLIC SPHERE THROUGH TRANSNATIONALIZING PROCESSES Europe and Beyond Matthias Kortmann and Kerstin Rosenow-Williams ISLAMIC ORGANIZATIONS IN EUROPE AND THE USA A Multidisciplinary Perspective Palgrave Studies in European Political Sociology Series Standing Order ISBN 978 1 137 28230 9 (Hardback) 978 1 137 28231 6 (outside North America only) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and the ISBNs quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England
Governing Mobility Beyond the State Centre, Periphery and the EU s External Borders Andreas Müller Federal Office for Migration and Refugees, Nuremberg, Germany
Andreas Müller 2014 Softcover reprint of the hardcover 1st edition 2014 978-1-137-38941-1 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6 10 Kirby Street, LondonEC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2014 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin s Press LLC, 175 Fifth Avenue, New York, NY10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave and Macmillan are registered trademarks in the United States, the United Kingdom, Europe and other countries ISBN 978-1-349-48240-5 ISBN 978-1-137-38942-8 (ebook) DOI 10.1057/9781137389428 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress.
Contents List of Figures and Tables viii 1 Introduction 1 2 Post-national Borders as Functions or Institutions: A Theoretical Framework 9 Introduction 9 Borders and state formation 12 Functional concepts of the border 15 Globalization, risk society, and the devolution of borders 16 Borders and the provision of selective controls 21 Disaggregating the institution and its function 27 Borders as reciprocal restriction of influence 28 National borders 31 Conclusion 33 3 The European Union and the Transformation of Borders 35 Introduction 35 The EU s external borders: fixed borders or moving border zones? 36 Heterogeneity and the question of external borders 43 The EU s institutional framework for policies on external borders 47 Conclusion 50 4 Methods and Research Design 51 Case study design and case selection 52 Applied methods 56 5 Maintaining Internal Freedom of Movement: The European Commission s Perspective on the External EU-Borders 60 Supranationalization and the abolition of border controls 61 Endogenous threats to the abolition of internal border controls 64 The requirements for lifting internal controls 66 Strengthening controls, increasing permeability: the Commission s ambivalent strategy 77 Tightening border controls I: Integrated Border Management 77 v
vi Contents Tightening border controls II: strengthening codification 81 Tightening border controls III: the operational dimension 84 Burden sharing between promoting mobility and financial redistribution 91 Delegating exclusion: the EU s neighbours in the control of external borders 98 The external dimension of migration control 98 Developing leverage: enlargement and the ENP 102 Conclusion 107 6 Enforcing Selective Migration Policies: Germany and the External EU-Borders 110 Public rejection and economic need: structural pressure on German migration policy 112 Skill shortage, demographic change and the welfare state 114 The need for an efficient migration control system 116 Germany in the policy on the EU s external borders 121 Asylum 123 Schengen visa 126 Circular labour migration 129 Border controls 130 Conclusion 132 7 Promoting Open Borders: Poland and the Visa Obligation 134 Introduction 134 The political relevance of migration control 135 The technical and social costs of Schengen 146 Schengen and Poland s foreign policy 149 Promoting visa-free travel: Poland in the JHA Council 151 Conclusion 155 8 The Institutionalization of the EU s Border Regime between Poland and Ukraine 157 Introduction 157 Transforming national into supranational borders 158 The Schengen acquis and the target of transformation 159 The process of transformation 164 The development of border controls at the EU level 169 The supranationalization of the Schengen regime 169 Europeanization of border controls 173 Visa requirements and the exterritorialization of controls 177 Ukrainian interest in cooperation on migration 179 Establishing buffer areas for migration 181 Conclusion 187
Contents vii 9 Conclusion: Synthesis and Outlook 190 Annexes 197 Annexe I: Abbreviations 197 Annexe II: List of expert interviews 199 Annexe III: European Treaties and Agreements 201 Annexe IV: Council Regulations and Decisions 202 Notes 204 References 212 Index 231
List of Figures and Tables Figures 5.1 The Commission s role in the relation between core and periphery 77 6.1 Transfers of asylum seekers to and from Germany under the Dublin provisions 122 7.1 Positive decisions on asylum in Poland according to status granted in percentage (author s calculations) 145 Tables 4.1 Ukraine and its neighbour states in the European Union 54 4.2 Political actors under scrutiny 55 5.1 Relation between core and periphery as perceived by the Commission 73 6.1 Border policies and types of mobility 122 6.2 The BMI s framing of border policies 123 7.1 Polish net and total migration rates 136 7.2 Inflows of foreign born population: Germany and Poland 136 7.3 Inflows of foreign workers into Germany and Poland 136 7.4 Applications for asylum in Poland and Germany (absolute numbers) 143 7.5 Decisions on asylum in Poland and Germany 2002 2007 144 viii