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Migration, Mobility and Human Rights at the Eastern Border of the European Union – Space of Freedom and Security ISBN (13) 978–973–125–160–8 © Copyright, 2008, Editura Universitãþii de Vest Toate drepturile asupra acestei ediþii sunt rezervate. Reproducerea integralã sau parþialã, pe orice suport, fãrã acordul scris al editurii, este interzisã. Editura Universităţii de Vest 300223 — Timiºoara, Bd. V. Pârvan nr. 4, BCUT, 010 B, tel./fax: 0256 592 253 Migration, Mobility and Human Rights at the Eastern Border of the European Union – Space of Freedom and Security Edited by Grigore Silaşi and Ovidiu Laurian Simina Editura Universităţii de Vest Timișoara, 2008 Grigore SILAŞI, PhD is Jean Monnet Professor at West University of Timisoara, and director of Jean Monnet European Centre of Excellence. Between 1998 and 2006 Prof. Silasi was director of The School of High Comparative European Studies (SISEC) within the West University of Timisoara. After graduation from Bucharest Academy of Economic Sciences (Economics), Prof. Silasi studied at Bucharest University (Faculty of International Relations), ISVE (Institute for studies of Economical Development, Naples, Italy), World Economy Research Institute (Warsaw School of Economics, Poland) and at Université des Sciences et Technologies de Lille (France), its PhD in Economics being awarded by West University of Timisoara (1975, thesis: International Financial Co-operation). The professional experience allows him to have both a diplomatic vision (as former diplomat with UNESCO and Bucharest Foreign Office) and a scientific rigor (academic expertise: the Polytechnic Institute of Timisoara – lecturer; West University of Timisoara – different positions form senior lecturer to professor and consultant professor; Université des Sciences et Technologies de Lille, France and University of Poitiers, France – visiting lecturer; doctoral adviser in Economics and International Economics since 1990; head of “European Studies - International Relations” and “Economic Intelligence - Management of Informational Resources” Master programmes; Jean Monnet European Economic Integration Chair). Key qualification: Regional Economics, Diplomacy, European Economy, Euro-Regional Environment: Norms, Regulations, Policies. Specific Eastern countries experience: Romania and Poland. Books authored both in Romania and abroad. Prof. Silasi is the co-ordinator of the Editorial Board Secretariat of the Romanian Journal of European Studies, co-edited by the British Council in Bucharest and the West University of Timisoara. Contact: [email protected] Ovidiu Laurian SIMINA, PhD candidate in Economics at the West University of Timisoara, is law graduate (Law Faculty of the Bucharest Police Academy, specialisation: border police, immigration, asylum and refugees) and holds an MA in High European Studies from the School of High Comparative European Studies (SISEC), West University of Timisoara. Five years experience as immigration and border police officer (both at the Border Police checkpoints and at the “green” border - Romanian border with Serbia and Hungary) and one year as legal adviser (Legal Department of Ministry of Interior). Currently, Mr. Simina is personal adviser to the state secretary for liaison with the Parliament and European Affairs, Ministry of Interior and Administrative Reform, Romanian Government. His project Migratie.ro aims at promoting the inclusion of the migration and mobility studies in the Romanian academic curricula. Mr. Simina is member of World Jurist Association (WJA) and European Economic Association (EEA). E-mail: [email protected], web: www.migratie.ro 2 Summary From the Editors / 5 Foreword / 7 Peter Van Krieken Part I. A Survey of the European Migration Space The Post-Enlargement Migration Space / 11 Paolo Ruspini The Social Context of European East-West Migration / 29 Liliana Hiriş Managing Migration for an Enlarging Europe – Inter-Governmental Organizations and the Governance of Migration Flows / 51 Martin Geiger Actors, Networks and Solidarity in Migration / 71 Simona Wersching On the New European Borders: The New Geography of the European Migration / 79 Ovidiu Laurian Simina A Survey of Immigration Problems of the European Union and a Comparison with Those of the United States / 99 Samuel Jay Levine Returning to the Law of the Jungle and Its Consequences / 111 Wolfgang P. Schulz Part II. European Migration Experiences Employment of Immigrants in the Finnish Labour Markets / 121 Elli Heikkilä and Maria Pikkarainen Labour Migration and Economic Development: The Case of Denmark / 139 Mete Feridun Assessing the Determinants of Emigration Intentions in Latvia after the EU Enlargement / 155 Artjoms Ivlevs International Migration and Mobility of the EU Citizens in the Visegrad Group Countries: Comparison and Bilateral Flows / 171 Radka Bicanová, Zuzana Fíglová and Eva Kačerová 3 German Trade Unions and Migration Affairs: Strengthening Cross Border Cooperation and Campaigning for the Ratification of the U.N. Conventions on the Protection of the Rights of All Migrant Workers and Their Families / 189 Rüdiger Lötzer Human Trafficking: Component of the Illegal Migration. Western Balkan Perspective / 197 Teofil Parasca Navigating Migrants into the Greek Labour Market: The Role of Migrant Associations – The Case of Eastern European Migrants Associations / 205 Dimitria Groutsis Exclusion and Inclusion of Moroccan Migrants: Empirical Evidences from Almería, Spain / 217 Martin Geiger Repressive Functions of Social Networks in Migratory Process: Case of Moldovan Migrants in Istanbul / 239 Bayram Unal Part III. Between Scylla and Charibdis Migration Policies for a Romania within the European Union: Navigating Between Scylla and Charybdis / 257 Martin Baldwin-Edwards Romania, Part of the European Area of Freedom, Security and Justice. Legal Aspects / 289 Alexandru Mircea and Anca Cristina Pristavu Labour Market Distortions as New Challenges Beyond the EU Enlargement: The Romanian Case / 317 Grigore Silaşi and Ovidiu Laurian Simina Social-Cultural Challenges to Romania's External Migration in the Perspective of Accession to the European Union / 351 Daniela Luminiţa Constantin Economic and Social Aspects of Romanians' Migration within the European Union / 365 Ioana Vădăsan and Laura Cismaş The Impact of Free Movement of Persons and Services on the Migration from Romania / 377 Florin Oprea and Ada Iuliana Popescu Traditions of the Human Rights Institutions in Romania: History of the Asylum Management before 1990 / 387 Anca Cristina Pristavu Mechanisms to Protect Human Rights and to Combat Discrimination: The Romanian Mechanism / 395 Adrian Vasile Cămărăşan and Gabriela Elena Petrescu 4 From the Editors This edited collection of migration papers would like to emphasise the acute need for migration related study and research in Romania. At this time, migration and mobility are studied as minor subjects in Economics, Sociology, Political Sciences and European Studies only (mostly at post-graduate level). We consider that Romanian universities need more ‘migration studies’, while research should cover migration as a whole, migration and mobility being analysed from different points of view – social, economical, legal etc. Romania is part of the European Migration Space not only as a source of labourers for the European labour market, but also as source of quality research for the European scientific arena. Even a country located at the eastern border of the European Union, we consider Romania as part of the European area of freedom, security and justice, and therefore interested in solving correctly all challenges incurred by the complex phenomena of migration and workers’ mobility at the European level. The waves of illegal immigrants arriving continuously on the Spanish, Italian and Maltese shores, and the workers’ flows from the new Member States from Central and Eastern Europe following the 2004 accession, forced the EU officials and the whole Europe to open the debate on the economical and mostly social consequences of labour mobility. This study volume is our contribution to this important scientific debate. Starting with the spring of 2005, the Jean Monnet European Centre of Excellence and the School of High Comparative European Studies (SISEC), both within the West University of Timişoara, have proposed a series of events in order to raise the awareness of the Romanian scientific environment on this very sensitive issues: migration and mobility in the widen European Space. An annual international event to celebrate 9 May - The Europe Day was already a tradition for SISEC (an academic formula launched back in 1995 in order to prepare national experts in European affairs, offering academic post-graduate degrees in High European Studies). With the financial support from the Jean Monnet Programme (DG Education and Culture, European Commission), a first migration panel was organised in the framework of the international colloquium ‘Romania and the European Union in 2007’ held in Timisoara between 6 and 7 of May 2005 (panel Migration, Asylum and Human Rights at the Eastern Border of the European Union). Having in mind the positive welcoming of the migration related subjects during the 2005 colloquium, a second event was organised on 5 May 2006 in the framework of the European Year of Workers’ Mobility: the international colloquium Migration and Mobility: Assets and Challenges for the Enlargement of the European Union. In the same period, the Jean Monnet European Centre of Excellence, SISEC