Spain bucks trend to lead by example … and accident

Date: 09/03/06

Debate over migration in the 'EU15' has traditionally been clouded by the fear of the unknown, an element of hysteria and, in some cases, outright xenophobia.

Those states which might wish to move the debate onto a more progressive level risk getting their fingers badly burnt.

Few are bold enough to take the gamble. The tendency has been to play it safe politically and opt for more restrictive policies.

But the European Commission is arguing that Europe must open its mind and borders if it wishes to compensate for future workforce shortages and meet the aims of the omnipresent Lisbon Agenda.

In Denmark, which has strict immigration rules, opening borders is going to be a tough call. The ruling Liberal-Conservative coalition, which includes the far-right Danish People's Party, scrapped the right to asylum on humanitarian grounds in 2002, coming in for stern criticism from the Council of Europe's human rights commissioner. Prime Minister Anders Fogh Rasmussen described the policy as "fair and firm" last year.

"Immigrants from places like the Middle East and Africa bear the brunt of racial and ethnic prejudice in Denmark at the moment," says Virginie Guiraudon, author of Les Politiques d'Immigration en Europe (l'Harmattan, 2000). She points out that, although migrants from new member states in Eastern Europe (EU8) are accepted, they are far less welcome that those coming from EU15 states. Indeed, entry for workers from the eight EU countries that were in the Communist East is still very restricted, with work permits issued only to those who have secured full-time work governed by a collective labour agreement.

Ireland is at the other extreme when it comes to welcoming workers from new member states. Last month, it was praised by the Commission, along with Sweden and the UK, for opening its doors to 'EU8' workers, a practice which has boosted growth and, contrary to popular expectation, done employment figures no harm. According to estimates, around 150,000 Eastern Europeans have arrived in Ireland since the welcome mat was put out two years ago, helping to sustain the country's buoyant economy.

But, despite its record on intra-EU migration, Ireland has had its struggles with the wider issue of immigration from third countries. The decision to allow unrestricted access to EU8 workers was accompanied by tougher measures on immigration from outside the EU. This followed a public outcry over what was seen as the exploitation of a loophole in nationality rules, allowing increasing numbers of asylum seekers to claim automatic citizenship for children born on Irish soil.

Spain, as an EU border country, has often found itself in the spotlight over illegal immigration from third countries. When the country joined the European Economic Community (EEC) in 1985, there was no immigration legislation to speak of. Measures put in place to assuage the fears of other EEC members were insufficient to deal with the sudden acceleration in immigration flows that would follow a decade later. "Spain has been quite open to immigration, often inadvertently," says Andrew Geddes, professor of politics at Sheffield University in the UK.

Last year's amnesty granted by Spain to 800,000 illegal workers, allowing them to claim permanent residency was not so inadvertent.

Against the backdrop of the mounting humanitarian crisis at the Spanish enclaves of Ceuta and Melilla, where sub-Saharan migrants gather in the hope of getting a foothold in the EU, Jos�uis Rodr�guez Zapatero's Socialist government was widely criticised for bucking the EU trend towards tougher action on illegal immigration. Critics claimed that the amnesty amounted to a reward for economic migrants, but the Spanish government stood by its decision, pointing out the benefits of legitimising the country's shadow economy. Spain dared to turn what had been seen as a huge problem into a distinct advantage.

At the moment, homogenous, flexible and organised EU immigration policies such as those of the US and Australia seem a long way off. Accepting intra-EU migration is already a massive challenge for countries such as Denmark, never mind the prospect of allowing more people from third countries past the border. Although Denmark is an extreme case, it seems that other EU15 countries are not so different in their perceptions of immigration. The view tends to be that workers from EU8 countries are acceptable in small doses, while migrants from places such as the Middle East and Africa are most definitely not. Even Ireland, while welcoming EU8 workers, has had to appease public opinion with tougher measures on immigration from third countries.

The Spanish government, with its attitude towards its illegal population has shown a way forward for an ageing Europe that needs to fill skills gaps and workforce shortages.

It seems unlikely that other EU15 countries will follow the example.

Analysis feature in which the author takes a look at trends in immigration policy in different EU Member States, including Denmark, Ireland and Spain.
Article is part of a European Voice Special Report, 'Migration policy'.

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