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Asylum and Migration Glossary - A tool for better comparability - produced by the European Migration Network July 2009 This is the first version of the EMN Glossary of terms relating to Asylum and Migration. The purpose of this glossary is inter alia to improve comparability between EU Member States through the use and common understanding of the terms and definitions contained herein. The European Migration Network (EMN) serves to meet the information needs of Community institutions and of Member States’ authorities and institutions by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policymaking in the European Union in these areas. The EMN also serves to provide the general public with such information. Following the introductory text, giving an overview of the EMN, how the glossary was developed and its format, the terms are presented in tabular form. The glossary is intended to serve as a useful reference document for EMN National Contact Points (EMN NCPs) and their national network members, as well as for other practitioners in the field of asylum and migration. Further information on the EMN, including its other outputs, as well as this glossary, may be obtained from http://emn.sarenet.es. EMN Glossary 1.0 Introduction Disclaimer This EMN Glossary has been developed by the European Migration Network (EMN). The European Commission and the National Contact Points, who collectively constitute the EMN, accept no responsibility or liability whatsoever with regard to the use made of the information contained in this glossary or of the content of the websites from which some terms are extracted. 1. Introduction This is the first version of the EMN Glossary of terms relating to Asylum and Migration. The purpose of this glossary is inter alia to improve comparability between EU Member States through the use and common understanding of the terms and definitions contained herein. The glossary is intended to serve as a useful reference document for EMN National Contact Points (EMN NCPs) and their national network members, as well as for other practitioners in the field of asylum and migration. The glossary has been developed by the European Migration Network (EMN) within the context of a Glossary and Thesaurus Working Group. It is the first stage of the development of this glossary, since other terms will be introduced, refinements made to definitions, and updates published accordingly. The glossary shall also be used in the development of an EMN Thesaurus, the purpose of which is to facilitate structured searching of the documents contained within the EMN’s Information Exchange System.1 In the subsequent sections, an overview of the EMN is first given, followed by an outline of the methodology used to develop the glossary. The glossary terms themselves are then given, consisting of some 300 terms discussed and developed in a highly co-operative manner by the EMN NCPs constituting the Glossary and Thesaurus Working Group. The EMN would like to acknowledge the extensive efforts of the working group and its appreciation for the permission given by other entities (ILO, IOM, OECD, UN, the EU Democracy Observatory and the THESIM project) to the use of terms and definitions which they had developed previously and which are duly referenced in the glossary. 1 See http://emn.sarenet.es 2 of 269 EMN Glossary 1.0 Introduction 2. The European Migration Network (EMN) The need to exchange information on all aspects of migration, in order also to contribute to the development of policy, was identified already in the initial development of a common EU Asylum and Migration Policy.2 This was further emphasised under the current Hague Programme,3 which reinforced the need for common analysis of migratory phenomena (the collection, provision, exchange and efficient use of up-to-date information). The European Migration Network (EMN) is one means towards this goal. More recently, the Commission's proposal for the successor programme (the so-called Stockholm Programme),4 considers the establishment of a monitoring function to analyse and understand migration issues in order to systematically disseminate and draw on available studies and sources and make available comparable data on migration. Council Decision 2008/381/EC5 of 14th May 2008 established a legal base for the European Migration Network (EMN). The purpose of the EMN is to meet the information needs of Community institutions and of Member States’ authorities and institutions by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policymaking in the European Union in these areas. The EMN also serves to provide the general public with such information. It is co-ordinated by the European Commission in co-operation with National Contact Points (EMN NCPs) from each EU Member State. More information on the EMN, including its structure, activities and outputs, may be obtained from http://emn.sarenet.es. 3. EMN Glossary and Thesaurus Development One of the activities undertaken by the EMN, within the context of improving the comparability of information between Member States, is the development, firstly of an EMN Glossary, and then of an EMN Thesaurus. The purpose of the Glossary is to provide common definitions and understanding of terms in the field of asylum and migration which are then used, for example, in the formulation of queries and undertaking of studies according to common specifications by the EMN NCPs. The glossary shall also be used to develop further the EMN Thesaurus, the purpose of which is to permit the structured searching of documents within the EMN's Information Exchange System. As the EMN is shaped through both a multinational environment and the multidisciplinary background of the complex field of migration and asylum, definitional and interpretative differences of certain terms are encountered, depending on various linguistic contexts and different 2 Tampere Council Conclusions, available from http://www.europarl.europa.eu/summits/tam_en.htm#a. 3 See http://ec.europa.eu/justice_home/news/information_dossiers/the_hague_priorities/. 4 Available from http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52009DC0262:EN:NOT. 5 Available from http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008D0381:EN:NOT. 3 of 269 EMN Glossary 1.0 Introduction approaches (politics, law, sociology) in which the terms are used. Because of the lack of universally accepted definitions, different groups of interest and bodies (e.g. governments, police and border authorities, governmental and non-governmental organisations) tend to use their own definitions, according to their perspective. To further complicate matters, there are not only within the same Member State different approaches followed, but also the usage of migration terms varies between Member States. In order to ensure a unique use of terms when indexing documents and to facilitate the formulating of questions for the retrieval of documents in the EMN’s Information Exchange System, a Glossary and Thesaurus Working Group was created within the EMN. As existing definitions in the field of migration and asylum are often vague, controversial or contradictory, and as there are, for many terms, no universally accepted definitions, the Working Group established a hierarchy in the source of definitions, the highest priority being for definitions given in the EU acquis on asylum and immigration.6 The priority in definitions used was, therefore, according to those given (highest priority first): 1. In EU Directives/Regulations/Decisions and then any definitions given in European Commission Communications, particularly those with proposals for directives; then 2. By other EU entities, including the European Commission’s Eurostat, FRONTEX, Fundamental Rights Agency, National Contact Points on Integration, plus EUROJUST, EUROPOL; then 3. In European/International Conventions, Treaties and Protocols (e.g. on smuggling, trafficking, Palermo, from the Council of Europe, International Criminal Court); then 4. By glossaries developed by the ILO, IOM, OECD, UNHCR; followed by 5. Other relevant (EU) projects/entities. Given this hierarchy, the initial focus has been on legal definitions from the EU acquis, which in turn gives more emphasis on asylum, refugees, (il)legal migration, and return. Further development of the glossary will include other aspects of migration, particularly sociological, integration, and economic related terms. 6 Available from http://ec.europa.eu/justice_home/doc_centre/intro/docs/jha_acquis_1008_en.pdf. 4 of 269 EMN Glossary 1.0 Introduction For some terms, preference was given in relating the term to either a person or to the process, depending on which term was more commonly used. For example, Highly-Qualified Migrant is a term which is more commonly used than Highly-Qualified Migration. Whilst trying to avoid too much redundancy, in some cases, both types of terms are given in order to recognise the possible use of them and to clearly indicate which is the source definition. Where terms were sourced from other entities and taken from existing publications, permission was sought to use their terms. In some cases, it was considered necessary to modify some definitions to reflect better EU policy on asylum and migration, and this is indicated in the relevant entries. The EMN Glossary and Thesaurus Working Group has met many times, each time typically for one day, approximately every 6 to 8 weeks, over the course of four years, discussing in some detail and in a highly co-operative manner the various terms. Members included primarily the European Commission and EMN NCPs plus, in some cases, national experts who were part of an EMN NCPs national network. Experts from the European Commission's Eurostat and Fundamental Rights Agency also participated in some of the meetings. Note that some of the terminology contained in the glossary may not have an exact correspondence in all Member States, and the legal concept adopted at national level may not correspond totally or partially to the concepts expressed in the glossary.