By Huub Dijstelbloem, Albert Meijer
Ecu borders that target to manage migration and mobility more and more depend on expertise to differentiate among voters and aliens. This book explores new tensions in Europe among states and voters, and among politics, expertise and human rights.
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These states, along with others such as the Netherlands and Austria, have been consistently successful in shifting the agenda towards more restrictive aims (Groenendijk 2004). It is certainly the case that the EU has found it easier to achieve cooperation on efforts to reduce irregular migration than on a framework of legal migration. Indeed, the creation of the series of EU agencies and information systems designed to deal with cross-border crime and irregular migration has led to questions about exactly what kind of system of control is being constructed over immigration and asylum.
An initial conclusion to draw is that the term ‘regime’ is probably more accurate than ‘policy’. This is because most definitions of regimes are broad enough to encapsulate the complex and nebulous legal formulas applied in the EU’s regulation of immigration and asylum. One of the most widely cited definitions of a regime is: a set of ‘principles, norms, rules, and decision-making procedures around which actor expectations converge in a given issue-area’ (Krasner 1982). As we have seen in this chapter, there is a greater level of convergence over the ‘repressive’ side of migration and asylum policies in the EU, which tells us something about the kind of ‘regime’ which is being constructed.
Before the Lisbon Treaty came into force Wallace described migration and asylum as an instance of ‘intensive transgovernmentalism’, which means a key role for state actors, but with a strong sectoral (Interior Ministry) focus and intensive interaction with a range of other actors from other member states and the EU. The changes ushered in by Lisbon mean that we are entering into an interesting phase of policy-making at EU level for migration and asylum. However, and considering the majority of legislation that was passed pre-Lisbon, we can characterize EU-level developments on immigration and asylum as having broadly transgovernmental logics with somewhat opaque decision-making procedures.