Migration and Autonomous Territories Studies in Territorial and Cultural Diversity Governance

Migration and Autonomous Territories Studies in Territorial and Cultural Diversity Governance Edited by Francesco Palermo Joseph Marko Editorial Board Cheryl Saunders (University of Melbourne) G. Alan Tarr (Rutgers University, Camden, NJ) Anna Gamper (University of Innsbruck) Nico Steytler (University of Western Cape) Petra Roter (University of Ljubljana) Joshua Castellino (Middlesex University) Stefan Oeter (University of Hamburg) Ilze Brands-Kehris (Director HCNM Office, The Hague) VOLUME 4 The titles published in this series are listed at brill.com/tcdg Migration and Autonomous Territories The Case of South Tyrol and Catalonia Edited by Roberta Medda-Windischer Andrea Carlà LEIDEN | BOSTON Library of Congress Cataloging-in-Publication Data Migration and autonomous territories : the case of South Tyrol and Catalonia / Edited by Roberta Medda- Windischer, Andrea Carlà. pages cm. -- (Studies in territorial and cultural diversity governance) Includes index. ISBN 978-90-04-28278-0 (hardback : alk. paper) -- ISBN 978-90-04-28279-7 (e-book) 1. Emigration and immigration law--Europe. 2. Emigration and immigration law--Italy--Trentino-Alto Adige. 3. Emigration and immigration law--Spain--Catalonia. 4. Trentino-Alto Adige (Italy)--International status. 5. Catalonia (Spain)--International status. I. Medda-Windischer, Roberta, editor. II. Carlà, Andrea KJC6044.M54 2015 325.467--dc23 2014046314 This publication has been typeset in the multilingual “Brill” typeface. With over 5,100 characters covering Latin, ipa, Greek, and Cyrillic, this typeface is especially suitable for use in the humanities. For more information, please see www.brill.com/brill-typeface. ISSN 2213-2570 ISBN 978-90-04-28278-0 (hardback) ISBN 978-90-04-28279-7 (e-book) Copyright 2015 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Nijhoff and Hotei Publishing. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. This book is printed on acid-free paper. Contents List of Contributors vii Introduction 1 Roberta Medda-Windischer and Andrea Carlà PART 1 General Section 1 Immigration and Integration in Multilevel Systems: A Challenge between Autonomy and Intergovernmental Cooperation 27 Karl Kössler PART 2 South Tyrol 2 Tensions and Challenges between New and Old Minorities: Political Party Discourses on Migration in South Tyrol 65 Andrea Carlà 3 Migration and Old Minorities in South Tyrol: Beyond a ‘Nimby’ Approach? 100 Roberta Medda-Windischer PART 3 Catalonia 4 Immigration in Catalonia and Spain: The Evolution of Shared Competence 137 Giovanni Poggeschi 5 Immigrant Associations and Political Participation: When Language Matters: The Catalan Case 161 Vicent Climent-Ferrando and Juan Carlos Triviño vi Contents 6 Linguistic Citizenship: Immigration and Language Policy in Catalonia 184 Saul Mercado Conclusions Old and New Minorities: The Road Ahead 202 Roberta Medda-Windischer and Andrea Carlà Annex 1 Migration and Cohabitation in South Tyrol Recommendations for a Civic Citizenship in the Province of Bozen/ Bolzano 215 Annex 2 National Agreement on Immigration An Agreement to Live Together 236 Index 295 List of Contributors Roberta Medda-Windischer is Senior Researcher/Group Leader at the Institute for Minority Rights of the European Academy (eurac), and an international lawyer specialized in human rights and minority protection. After her law degree, an ll.m in International Human Rights Law at the Essex University (uk) and a PhD at the University of Graz (at), she worked as legal officer for various international organisations, including unhcr, osce/odihr, un Centre for Human Rights and the European Court of Human Rights. At the European Academy, her research focuses on the protection of minorities in international law and on new minorities stemming from migration, on which she has authored and edited monographs and multi-authored volumes, and published numerous articles and chapters in edited volumes both in Italy and abroad. Andrea Carlà is a political scientist and Senior Researcher at the Institute for Minority Rights of the European Academy (eurac). After graduating in political science and attending the Corso di Alta Formazione per le Carriere Diplomatiche e Internazionali (Course of High Formation for Diplomatic and International Careers) at the University of Bologna, he gained a PhD in Politics from the New School for Social Research of New York, usa. His research focuses on ethnic politics, migration policies and national security issues. Vicent Climent-Ferrando is a researcher and adjunct professor at Universitat Pompeu Fabra, Barcelona. He specialized in immigration, integration and language ideologies. He holds a ma in Political Science from the College of Europe, Bruges, and a ms in Political Science from Universitat Pompeu Fabra Barcelona. He completed his tertiary education at the Universities of Ottawa (Canada), Anglia (Cambridge) and Pompeu Fabra, and his secondary education in the United States. He is currently guest PhD researcher at the European Research Centre of the Paris Institute of Political Studies. His academic output can be viewed here: http:// argos.upf.edu?id=6161f23f6e26479a&idioma=en&tipo=activ. Karl Kössler is Senior Researcher at the Institute for Studies on Federalism and Regionalism of the European Academy Bolzano/Bozen (eurac). After degrees in law and political science including sociology, history and economics, he obtained a viii List of Contributors PhD in comparative public law and political science. Karl Kössler is a member of the Euro-Regional Association for Comparative Public Law and European Union Law and has provided consultancy to several governments and the Council of Europe. The core subjects of his research are federalism and autonomy in multinational contexts, immigration and integration, fundamental rights and participatory democracy in multilevel systems. Saul Mercado is a Foreign Service Officer with the us Department of State. He graduated in Anthropology and Spanish Literature from Cornell University, majoring in Latin American studies. He has a PhD in Anthropology (Linguistics). Before joining the Department of State, he taught Anthropology, Linguistics and Media studies at Vassar College, New York. His research seeks to explore the crossroads between immigration, education, citizenship and multilingualism. Most of his fieldwork has been concerned with codeswitching, language plan- ning and education policy in Catalonia, Spain. Giovanni Poggeschi is Professor of Public Comparative Law and Minority Rights at the Law School of the University of Salento (Lecce, Italy), member of the European Academy of Bolzano (eurac) and consultant to the Council of Europe. He has taught in Forlì (University of Bologna), Brunico/Bruneck (Free University of Bolzano) and Verona (University of Verona). His main research fields, in which he has published extensively in Italy and abroad, are comparative constitutional law, federalism and regionalism, linguistic rights, the Catalan sub-state system and Spanish regionalism. His latest monograph is “Language rights and duties in the evolution of public law” (Baden-Baden, Nomos, 2013). He is currently researching the referendum on independence in Scotland and Catalonia. Juan Carlos Triviño is researcher in the Department of Political and Social Sciences at Universitat Pompeu Fabra. He is a political scientist with a background in international relations and development studies. He has major experience in the public sec- tor, in-situ research and the academic world of Latin American and European countries. His research interests include local politics, participatory democracy in urban settings, political integration of immigrants at local level and Latin American politics. Introduction Roberta Medda-Windischer and Andrea Carlà1 Migration is an increasingly important reality for many sub-national autonomous regions of Western countries, such as Catalonia, South Tyrol, Scotland, Flanders, Basque Country and Quebec, where traditional-historical groups (the so-called ‘old minorities’) live.2 Some have attracted migrants for decades, while others have only recently experienced significant migration inflow. The presence of old minorities adds complexities to the management of migration issues. Indeed, it is acknowledged that the relation between ‘old’ communities and ‘new’ minority groups originating from migration (the so-called ‘new minorities’)3 can be rather complicated. On one hand, interests and needs of historical groups can be in contrast with those of the migrant population. On the other hand, the presence of new minorities can interfere with the relation- ship between old minorities and majority groups at state level and also between old minorities and the central state, as well as with policies enacted to protect the diversity of traditional groups and the way old minorities understand and define themselves. This volume contributes to the study of the relationships between old and new minorities and the management of migration in sub-national

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