Comparative Report: Legal and Policy Framework of Migration Governance

Pannia, Paola; Federico, Veronica; Terlizzi, Andrea; D'Amato, Silvia et al | University of Florence


How have RESPOND countries responded to the recent migration crisis? This report discusses the legal and institutional factors that at macro-level are crucial for the analysis of recent migration flows management. By doing so, we aim at a better understanding of the conditions within which migration management is taking place in Austria, Germany, Greece, Hungary, Iraq, Italy, Lebanon, Poland, Sweden, Turkey, and the United Kingdom. This report has mainly an explanatory aim, because it intends to analyse existing trends in migration management at macro-level, but it has also, inevitably, an evaluation and policy-oriented aim. RESPOND research, in fact, assesses migration management tools and measures against the parameters of respect for fundamental rights entrenched at international level. Moreover, even though the report does not provide explicit policy-guidelines or recommendations, pinpointing and critically analysing legal and institutional responses to the migration crisis it may contribute to suggesting more sound measures and strategies.

Building on the country and the European Union reports of deliverable D 1.2, the University of Florence has prepared the present comparative report as deliverable D 1.3 of Work Package 1. Country reports were not the sole sources for the report. Further data (both concerning statistics and the legal and institutional frameworks) have been retrieved from a dataset created as part of WP1 deliverable D1.4 and by other sources to complement those gathered at national levels. Moreover, critical literature has been reviewed to analyse RESPOND outcomes and to contextualise the research with broader academic debates on migration.

The report is structured as follows. In the next section we provide insights into statistics concerning migration flows and stocks between 2011 and 2017. Next, section three analyses the complexity and the fragmentation of the legal and institutional framework of migration in RESPOND countries. In section four we examine the current trends in international protection measures. Following this, section five outlines the rights and benefits of different legal statuses. Finally, the report concludes by pointing out a stark paradox that seems to characterise the legal and institutional framework of migration governance, namely the growing uncertainty and the high discretionality concerning access to legal status. This goes against one of the most crucial pillars of democratic jurisdictions based on the rule of law: the certainty and predictability of the law.

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DOI | Full Text | to DiVA