"OECD Countries Migration Policy Changes"
by Anna Maria Mayda and Krishna Patel
December 2004
Appendix to
"International Migration: A Panel Data Analysis of Economic and NonEconomic Determinants," by Anna Maria Mayda
OECD Countries Migration Policy Changes
Australia
Overview: Post World War II Australia shifted immigration policy from encouraging foreign immigration for
manufacturing to that based on family migration for relatives, skill-based migration driven by sector-specific demand,
and humanitarian and refugee admission. Migration policy during the 1980s focused on building a knowledge-based
economy to meet the challenges of globalization. As a result, immigration policies have been designed to encourage
immigration of highly skilled workers in order to develop high value-added sectors such as banking and insurance, as
well as on building a knowledge-based economy (for example, in 1996 the government extended the stay of temporary
skilled workers to 4 years). [23]
Year
Act
[34]
Australian Citizenship Act:
1948
This was landmark legislation since it established the status of Australian citizen. Before this act, nearly all
people born in Australia and those naturalized in Australia were British subjects. All Australian born
British subjects and those who have been naturalized as British subjects during the five-year period before
1949 in Australia and those who were born after January 26, 1949 automatically acquired an Australian
citizenship. British subjects born overseas before January 26, 1949 to Australian fathers became citizens
upon entry as permanent residents. All Australian citizens also retained the status of British subject.
Migration Act: [6]
1958
This act defined the immigration status of individuals was, established power to obtain information and
documents about unlawful non-citizens, and introduced basis upon which visas may be cancelled
(including those visas that were obtained based on incorrect information). Other guidelines introduced in
this act pertain to the following: (1) visas for non citizens (general provisions about visas, applications for
visas, codes of procedure for dealing fairly, efficiently and quickly with visa applications, and limit on
visas); (2) safe third countries (temporary safe haven visas, protection from third countries, etc protection
visas); (3) sponsorship; (4) criminal justice visitors; (5) immigration clearance, (6) detention of unlawful
citizens, (7) deportation, (8) control of arrival and presence of non citizens, (9) monitoring non citizens.
Aliens Act Repeal Act: [5]
1984
This act repealed the Aliens Act 1947, which required all aliens older than 16 years to register any change
of name address or occupation.
Ammendment to the Australian Citizenship act 1948: [34]
1984
All forms of discrimination (i.e. stipulations on the basis of sex and marital status) from the Australian
Citizenship Act 1948 were removed. The residence requirement was reduced to 2 years, from 3, in
addition to lowering the English language requirement from ‘basic’ to ‘adequate’. Additionally, a new
provision was passed that allowed authorities to decline eligible citizenship applicants who have committed
an offense for which he is sentenced to a minimum of 12 months of imprisonment.
Migration (Health Services) Charge Act: [6]
1991
This act extends to all territories taken to be a part of Australia and stipulates that a charge ($822) is
applied for visa or entry permit as of August 1991 for the appropriate health related expenses.
1992
Immigration (Education) Charge Act : [6]
This act outlines payment procedures for a new English education charge (not to exceed $4, 080) imposed
on visa applicants, if the application was made on or after January 1, 1993.
Legislation: [39]
1991/1992
The government established a Special Assistance category for immigration procedures in order to reach
groups who are in vulnerable situations and have close links with Australia but who do not fit into
traditional refugee or humanitarian categories. A loan fund was established to assist independent
immigrants from central and eastern Europe and increased information on job opportunities within
Australia to allow migrants to better assess their labor market prospects.
Migration Reform Act: [6]
1992
This act modified the 1958 act in the following ways: established regulation of the immigration and
presence of non citizens, established rights of non nationals for residing in Australia, and for the removal
and deportation of illegal entrants.
Migration Reform Act: [39]
1994
This act simplified the legal basis for the administration of entry to and stays in Australia, in additional to
facilitating the removal of illegal residents.
Bill for the Principal Act: [39]
1996
This Bill was aimed at implementing the Government's policy of cost recovery with respect to immigration
procedures and services. This included consolidating the English Education Charge and the Health
Services Charge into the application fee, and giving the Minister the power to make regulations specifying
exemptions and concessions.
Migration Agents Registration Application Charge Act: [6]
1997
A charge on applications received on or after March 21, 1998 was imposed for those individuals who
register as migraiton agents.
Migration (Visa Application) Charge Act: [39]
1997
The fee requirements related to English education and the associated guidelines of the Bill for Principal Act
created controversy. This acts introduces ammendments to this Bill that are minor and technical in nature.
Australia Migration Program: [12]
1999/2000
Approximately 70,000 available places for foreign entry, allocated primarily for highly skilled workers,
was established.
Migration Program: [39]
2000/2001
Immigration policy shifted in focus towards encouraging immigration of skilled workers. New laws were
passed in September 2001 to combat the arrival of illegal immigrants by boat. These immigrants would be
brought to a safe territory (Nauru or Papua New Guinea) until their refugee status can be established.
Bilateral Agreement: [39]
2002
The Australian government established bilateral agreements with South Africa, Thailand, and Afghanistan
regarding migration and voluntary return.
Belgium
Overview: During the 1960s and 1970s, immigration was driven by labor demand. At the end of the 1960s, an
economic recession and a rise in unemployment once again forced the government to review its policy on allowing
immigrants to enter the employment market. Despite the sharp decline in the number of work permits distributed to
foreigners during the 1970s, there was significant immigration of workers. With unemployment and economic
difficulties, the government hardened its immigration policy by introducing two new measures: an official ban on
immigration, and an increase in the sanctions on employers who sought out new immigrant workers. However, the
government began to develop policies to encourage immigrants to settle in Belgium and to foster their inclusion in
society in the mid 1980s. Today, Belgian policies are largely oriented around family reunification and education-related
immigration. [28]
Act
Legislation: [39], [28]
The government established a law on entrance, residence, settlement and return of foreigners and
introduced a legal process for foreigners to contest the legality of their residency.
Bill: [39]
Council of ministers decided to propose a bill that makes it easier for a Belgian woman marrying a
foreigner to keep her Belgian nationality.
Amendment of the Law on Foreigners: [39]
This amendment revised the system of appeal against administrative decisions, and established more
restrictive guidelines for family reunion (e.g. the age of eligible children lowered to 18).
Nationality Code: [28]
Children born in Belgium whose parents were born in Belgium became Belgian citizens.
Single European Act (EU TABLE)
Establishment of the Royal Commissarial for Migration Policy: [39]
This is a government department that focused on integration and immigration issues and made policies
from 1989—1993.
Code of Nationality: [39]
The government introduced new guidelines that made it easier for second and third generation immigrants
to acquire Belgian nationality
Treaty on EU (EU TABLE)
Schengen Agreement of 1985, implemented in 1995 (EU TABLE)
Amendment of 1980 Act: [39]
This act tightened immigration controls in order to limit the entry and settlement of nationals from non-EU
countries.
Dublin Convention (EU TABLE)
Treaty of Amsterdam (EU TABLE)
EU Council Meeting in Tempere (EU TABLE)
Nice Treaty (EU Table)
European Council in Laeken (EU TABLE)
Year
1980
1981
1984
1984
1987
1989
1991
1993
1995
1996
1997
1999
1999
2000
2001
Canada
Overview: Canada has focused its immigration policy towards admitting skilled workers. Canada’s asylum policy is
governed by The Safe Third Country Agreement. This agreement is built on the foundation that both Canada and the
United States maintain refugee protection programs that meet international standards and both have mature legal systems
that offer procedural safeguards. The primary purpose of the Agreement is to reinforce refugee protection by establishing
rules for the sharing of responsibility for hearing refugee claims between Canada and the United States. [1], [12]
Act
Legislation: [39]
The government modified in employment regulations. An immigrant is eligible for entry into Canada only
if employment has been arranged in advance and the offer approved in a Canadian employment center.
This reflects a policy emphasis on recruitment of entrepreneurs and skilled workers; the government has
imposed higher processing priority for these people.
Year
1982
Citizenship Act: [14]
This act outlines the terms and conditions for being eligible for citizenship and establishes that all citizens
(native born or naturalized) have the same rights and undergo the same procedure for obtaining citizenship.
1985
United States-Canada Free-Trade Agreement Implementation Act (Regional Agreements Table)
1988
Policy: [39]
With the change in the government, immigration policy abandoned quantitative goals such as quotas and
became oriented around qualitative aspects (i.e. considering applications based on the individual’s
background and the needs for the country).
1993
North American Free-Trade Agreement (Regional Agreements Table)
Policy: [39]
The government imposed stricter eligibility requirement, involving income requirements and delays, on
family sponsorship.
Work Permits: [12]
The government issued 170, 000 temporary work permits to foreign workers.
Canada Chile Free Trade Agreement: [12]
This agreement establishes broad categories for employment requirements—with flexible requirements for
highly skilled workers.
Policy: [12]
Canada admitted 17,000 workers in accordance with NAFTA and GATS.
Immigration and Refuge Protection Act: [38]
Immigration policy shifted away from occupation based admission of foreigners to one that emphasizes
education, language and flexibility of skill sets.
2002 Immigration Plan: [39]
This plan adjusted the target immigration goals: a range of 210,000 to 235,000 immigrants in 2002 and
220, 000 to 245, 000 in 2003, of which 60% admitted based on economic basis, 26% on family, and 13%
on refugee.
Immigration and Refugee Protection Act (2001): [39], [32]
This act, which came into force in 2002, replaced the former, 25 year old act. In addition to outlining
specific visa application procedures and criteria for sponsorship, the main objectives include: (1) permit
Canada to pursue maximum social, cultural and economic benefits; (2) support the development of a strong
and prosperous economy; (3) promote successful integration of immigrants; (4) offer safe haven to asylum
seekers. Furthermore, this act included the definition of permanent resident, reinforced the government
commitment to gender equality and provided for hearings for those who lost permanent resident status, in
addition to reinforcing the skill based immigration policy while simultaneously easing family reunification
guidelines.
1994
1997
1997
1997
1998
2001
2002
2002
Denmark
Overview: Denmark has been relatively open to refugees. However, the new 2002 government carries an antiimmigration stance, calling for more restrictive policies that include limiting refugee entry. [9], [10]
Act
Single European Act (EU TABLE)
Year
1987
Treaty on EU (EU TABLE)
Amendment to the Aliens Act: [39]
This amendment primarily affected asylum seekers. Bosnian refugees were granted residence and offered
same integration programs as recognized refugees. Administration was made more efficient and admission
denied to applicants of ‘safe’ countries, which resulted in a decline in applicants.
Dublin Convention (EU TABLE)
Treaty of Amsterdam (EU TABLE)
EU Council Meeting in Tempere (EU TABLE)
Legislation: [40]
Government enacted legislation to deter any immigrant younger than 25 from bringing in a foreign spouse.
Schengern Agreement, signed in 1996, implemented in 2001 (EU TABLE)
Legislation: [40]
Government established that refugees may be sent home after 7 years if their country is considered safe
and required a waiting period of 7 years for permanent residence.
1993
European Council in Laeken (EU TABLE)
1995
1997
1999
1999
2000
2001
2001
2001
France
Overview: France stopped immigration in 1974 (and tightly controlled it in the following years), while policies during this
time were aimed at reunifying families and integrating foreigners. The subsequent wave of immigration from Algeria
created a strong anti-foreign sentiment. However policies in the 1980s policies were primarily leftist. [7]
Act
Bonnet Law: [4]
This law identified illegal migration as a serious threat and included measures that enabled illegal
immigrants to be expelled from the country.
Pyrefitte Law: [4]
This law legalized controls by police officers on migrants.
Act: [39]
This act repealed various labor law provisions dated back to 1932 (eg the regulation that stipulated
employers to hire a certain fixed proportion of foreigners to protect the domestic labor force), increased
penalties for employing illegal foreign workers, and prohibited refugees from working without the
possession of a work permit.
Act: [39]
This act abandoned the possibility of withdrawing the ordinary resident’s permit from foreigners who have
been out of France, or unemployed for more than 6 months without a valid reason.
Decree December 1984: [39]
This decree confirmed that any foreigner who legally resides in France for more than one year can be
joined by their family provided they had an adequate and regular source of income and accommodation.
Two types of permits were introduced: temporary residence permit (1 year) and resident’s permit (10
years).
Pasqua Law: [3]
This law reduced the number of immigrants who could get a residence permit and gave the right to
regional authorities to determine whether an illegal immigrant should be escorted to the border and
expelled.
Single European Act (EU TABLE)
Act 31 December: [39]
This act increased the penalties that can be imposed on employers of undocumented aliens and on the
organized networks that smuggle them in. The October act imposed tighter employment controls and
Year
1980
1981
1981
1982
1984
1986
1987
1991
restricted any foreigner from unauthorized paid employment subject to having his (3 month) visa revoked.
Act: [39]
This act was established for humanitarian reasons. A procedure was set up whereby asylum seekers who
were previously informed of their application expiration were given until the end of the year to renew.
Pasqua Law (Amendment): [3], [22]
Repressive measures were introduced to impede access of illegal aliens to French territory, in addition to
establishing efforts in accordance with the goal of zero illegal immigration in the following ways:
restricted foreign students from being employed in France, increased the waiting period of family
reunification, denied residency permit to foreign spouses who had been in France illegally prior to
marriage.
Act: [7]
This act changed the traditional stance of immigration policy by reforming naturalization, integration, and
participation, upon participation in the Schengen Agreement, in addition to eliminating automatic
acquisition of citizenship of children who were born in the country whose parents were foreigners. This
law was altered (toned down) in 1997 after change in government.
Treaty on EU (EU TABLE)
Schengen Agreement of 1985, implemented in 1995 (EU TABLE)
Act: [39]
Regularization program enabled certain foreigners (Sub Saharan Africa and Algeria) who were the parents
of French children to obtain a temporary residence permit.
Policy Update: [40]
Regularization program that granted residence to 75,600 foreigners (75% of which came from Africa).
Dublin Convention (EU TABLE)
Gigou Law: [3]
This is a naturalization law that established the right to French citizenship for children born in France.
May 11, 1998 Law: [12]
This law facilitates the admission of foreign scientists who are nationals of the EU/EEA area.
Legislation [22]
The government sought to ease restrictions on foreign students in finding employment and introduced rules
that granted highly skilled workers and scholars special immigrant status.
Treaty of Amsterdam (EU TABLE)
EU Council meeting in Tempere (EU TABLE)
Chavenement Law: [3]
This law transposed the relevant articles regarding the rights of foreigners on French territory from the
European Convention on Human Rights in order to stipulate clear terms on the conditions to claim refugee
status.
Nice Treaty (EU TABLE)
European Council in Laeken (EU TABLE)
Bill Established by the National Assembly: [39]
This bill amends the immigration and residence legislation and does the following: (1) established
provisions under which convicted felons may be deported after serving prison sentence; (2) repealed the
right of the government to deport foreigners who were born in France and have lived there since childhood
(or if lived there for over 20 years, or 10 years if they have started a family); (3) established measures to
combat illegal immigration: finger print file for non EU nationals; (4) imposed stricter penalties for people
traffickers (thorough checks when issuing certificates of proof of lodging). This bill resulted in more
stringent conditions for obtaining permanent residence permit (for non EU nationals).
1991
1993
1993
1993
1995
1995
1997
1997
1998
1998
1998
1999
1999
2000
2000
2001
2003
Germany
Overview: Before many of the industrialized countries started to focus its immigration policies towards recruiting highly
skilled workers, Germany’s immigration policy was driven by domestic labor demands. During the oil shock of the 1970s,
there was a ban on the recruitment of foreign workers, and the government began to wrestle with how to deal with the stillincreasing number of foreigners in the country. The 1980s were characterized by dramatic increases in the number of
people seeking asylum in Germany, including immigration of Aussiedler (ethnic Germans, as distinct from East Germans)
from places beyond Eastern Europe. Since the asylum law was tightened in 1993, illegal immigration has been growing.
However, German laws do not include a legalization program for undocumented immigrants. Despite Germany's long
history of recruiting foreign workers, policy has turned toward a more organized and focused recruitment of highly skilled
workers. This, with an aging population and a continuing low total fertility rate, led to a broader discussion about an
accommodating immigration policy. [33]
Act
Legislation: [39]
The government introduced general efforts to reduce overall foreign entry as well as of foreign workers
from non-EEC countries. Furthermore, measures were established toward family reunification of
foreigners from non-EEC countries and to stop illegal entry.
Act: [39]
In an effort to encourage voluntary return to home country, foreign workers willing to return may be
eligible to collect some benefits (repatriation assistance was granted if the worker leaves with his entire
family).
Single European Act (EU TABLE)
Foreigners Act/Aliens Law: [39], [3]
This law replaced the Aliens Law of 1965 (the first immigration law). Major provisions law included:
(1) a rule stipulating that all dependent workers must be in possession of a social security card bearing a
photograph, which they must present to the employer upon request; (2) a comprehensive reform of the
general legislation on foreigner and residence legislation; (3) a less restrictive requirement for
naturalization especially for young foreigners who were born or raised in Germany.
Law on Foreigners and Aliens: [3]
This law included a simplified naturalization process; people under the age of 23 could be naturalized
upon living in Germany for at least 8 years; 3 years for those over the age of 15.
Amended Asylum Law: [33]
Asylum seekers entering Germany from or through one of “safe” countries were prohibited from
applying for asylum and were returned to their origin country.
Treaty on EU (EU TABLE)
Schengen Agreement of 1985, implemented in 1995 (EU TABLE)
Dublin Convention (EU TABLE)
Act: [12]
Exceptions to the moratorium of labor outside of the EU/EEA area were established, liberalizing entry
requirements.
Aliens Act: [21]
This act outlines the conditions for naturalization for foreigners who have lived in Germany for at least 8
years and allowed the spouse and minor children to be naturalized.
Amendment to the Law on Foreigners and Aliens: [3]
The amendment introduced rules about citizenship requirements and the requirement that newborns are
considered German citizens if at least one parent has lived in Germany for at least 8 years or at least one
parent has unlimited right to residence or unlimited permit to live in Germany.
Treaty of Amsterdam (EU TABLE)
EU Council Meeting in Tempere (EU TABLE)
Nice Treaty (EU TABLE)
Year
1981
1983
1987
1991
1993
1993
1993
1995
1997
1998
1999
1999
1999
1999
2000
Legislation: [3]
A green-card system, applicable to those foreigners who can contribute to the IT sector was adopted. A
decline in IT sector growth caused many unemployed migrants without family ties to return to their
origin country.
Reintegration and Emigration of Asylum Seekers Project: [40]
This project assisted 70,000 people to return to Bosnia and Kosovo among other countries.
New Citizenship Law: [33]
This law established that children born to foreigners in Germany could automatically receive German
citizenship.
EU Council Meeting In Laeken (EU TABLE)
Policy Update: [40]
There was a shift in immigration stance in order to allow highly skilled people to be granted permanent
residence, and tighten asylum system.
Legislation: [39]
Germany launched a Green Card program that allowed up to 20,000 IT professionals to work in
Germany for up to 5 years.
Legislation: [39]
The German government developed an immigration program that facilitates entry of foreign workers
possessing skills that match the needs of the German economy.
2000
2000
2000
2001
2001
2001
2002
Japan
Overview: Although Japan’s primary immigration law was modeled after that of the US, law from its inception was not
designed to encourage migrants to settle in the country and foreigners could not readily become Japanese nationals.
However, during the 1980s and 1990s the government started to accommodate the entry of skilled professionals, while
introducing employer sanctions to discourage illegal employment. Furthermore, Japan continues to be relatively closed
to asylum seekers. Until recently, it was not uncommon to see only one person per year granted formal refugee status.
The Japanese immigration policy has been centered on controlling and monitoring foreigners. However, an aging
population is likely to shape future debates about immigration in Japan. The Basic Plan for Immigration Control (2nd
edition) issued by the Immigration Bureau in March 2000 shows that the Justice Ministry is also drawn toward the idea
of accepting foreign migrants to fill the needs of the Japanese labor market. Although the plan does not propose the
admission of "unskilled foreign labor," it calls for further expansion of trainee and technical internship programs. [25],
[26]
Act
Immigration Control Act: [29]
This is the primary law on Japanese immigration law, which has been repeatedly amended since
inception. It establishes the rules and regulations concerning entry and exit of non-nationals and outlines
the rights of legal immigrants/visitors.
Immigration Control and Refugee Recognition Act: [26], [8]
This act imposes controls resident aliens, implementing documentation procedures such as fingerprinting,
in addition to imposing severe restrictions on refugee entry such as the following: may grant an alien who
has arrived in Japan a landing permit for temporary refuge if the alien comes under the definition of a
refugee as defined under the UN protocol. He may apply for refugee status within 60 days of arriving in
Japan. This act has stricter guidelines for qualifying for refugee than the US guidelines.
Amendment 1952 Immigration Control Law: [25]
The basic framework for immigration policy was not designed to encourage migrants to settle in the
country. The amendment marked a major turning point in immigration policy by confirming the basic
principle of restricting entry of unskilled foreign labor, and introducing employer sanctions to deter illegal
immigration.
Immigration Control and Refugee Recognition Act Reform: [25]
Permitted third generation Japanese as well as their spouses a quasi-permanent residence status. Second
generation Japanese could enter and work without restriction under residence status of spouse or child of
Japanese national.
Year
1951
1982
1989
1990
Basic Employment Measures Plan: [39], [12]
This plan supports the policy on migration focused on entry of foreigners with technological expertise,
skill or knowledge, causing a decline in immigration. The Economic Plan and the Employment Counter
Measures Plan states that Japan will accept foreigners with special expertise/skills not possessed by
Japanese nationals.
Amendment to Immigration Control Act: [39]
This introduces measures to cope with rapid increase of smuggling of aliens.
“Ideal Society and Policies for Economic Rebirth” and “9th Basic Plan for Employment”: [39]
These measures promote immigration of skilled workers to Japan while maintaining a cautious policy on
unskilled workers and reinforce efforts to combat illegal immigration.
1995
“e-Japan Strategy”: [39]
This strategy aims to accept 30000 IT professionals by the year 2005.
2001
1997
1999
Luxembourg
Overview: Luxembourg continues to be an immigration country with a growing proportion of foreigners to nationals,
primarily driven by labor demand. Although the asylum policy is driven by quotas, the 1990s were characterized by
sharp increases in refugee migrants. Current policy issues include integration. [39]
Act
Driven by demand from the Belgian labor market, there was an increase in the “frontaliers” (cross border
commuters from Lorraine, Rhine-Palatinat, Saarland and Province du Luxembourg) that continued
through the 1980s. [44]
Single European Act (EU TABLE)
Treaty on EU (EU TABLE)
Schengen Agreement of 1985, implemented in 1995 (EU TABLE)
Amendment: [39]
This updated the 1972 law on migration with regard to entry, stay and medical examination.
Dublin Convention (EU TABLE)
Treaty of Amsterdam (EU TABLE)
EU Council meeting in Tempere (EU TABLE)
Nice Treaty (EU TABLE)
Voluntary Return Scheme: [39]
This involved financial assistance to encourage foreigners to return to their home countries. There were
only 151 voluntary returns and 44 forced returns in 2002.
European Council in Laeken (EU TABLE)
July 2001 Act: [39]
This act, which came into force in January 2002, established that applicants for citizenships must be at
least 18 years old and have resided in Luxembourg for 5 consecutive years (instead of 10 as was the
previous case) in order to obtain citizenship.
Act of March 2001: [39]
This act accelerates the asylum procedure and introduced a system of temporary protection—redefined
eligibility criteria and extended social assistance.
Year
1984
1987
1993
1995
1995
1997
1999
1999
2000
2000
2001
2001
2001
Netherlands
Overview: The 1970s oil crisis lead the Netherlands to establish a very restrictive immigration policy. Much of the
policy concerning immigration in the 1980—1990s has been around integration and assimilation. Policies have been
largely restrictive for unskilled migrants, while encouraging family reunification. The migration increases throughout
the 1980s are largely due to political and economic instability in the immigrant source countries (such as Turkey,
Morocco, Surinam and Antillies) . [35], [43]
Act
Legislation: [39]
The government made a temporary residence permit mandatory and tightened the requirement of having a
means of support upon arrival. Head of households under 23 years of age could not be reunified with
family from foreign country, as well as those receiving minimum wage.
Single European Act (EU TABLE)
Year
1981
1987
Legislation: [39]
New employer sanctions were introduced that made employers liable for the cost of expulsion of the
foreigners concerned.
Policy: [39]
A new policy was devised to separate those who have a chance of recognition as refugees from those who
have not. This foresees a special regulation for those asylum seekers who cannot be repatriated to their
home country for humanitarian reasons.
Revision of 1965 Aliens Act: [39]
The revision establishes a series of measures to limit asylum seekers.
Treaty on EU (EU TABLE)
Act: [39]
Asylum seekers from “safe” countries are no longer granted asylum.
Schengen Agreement, singed in 1985, implemented in 1995 (EU TABLE)
Aliens Employment Act: [39]
This act better regulates foreigners in labor market.
Aliens Employment Act: [12]
Requires employers to demonstrate that no qualified EEA member is available to fill the position in
question and that it is impossible to train a domestic worker to do the job upon hiring a non-EEA national.
Legislation: [39]
The government introduced measures controlling entry of asylum seekers and encouraging voluntary
return.
Dublin Convention (EU TABLE)
Integration of Newcomers Act: [7]
This act improves integration options for immigrants and obliges all Dutch municipalities to offer state
subsidized integration programs responding to individual needs of new immigrants.
Treaty of Amsterdam (EU TABLE)
EU Council meeting in Tempere (EU TABLE)
Nice Treaty (EU TABLE)
European Council in Laeken (EU TABLE)
Aliens Act: [39]
To qualify for residence permit, the act requires the applicant to prove that he has sufficient means to
provide for himself and whomever he may live with. This is a very restrictive act.
Aliens Law: [43]
Under certain criteria, refugees could be granted temporary residence status that can potentially become
permanent status.
Principles of Government Policy: [43]
Introduced restrictions on immigration.
New Aliens Act: [39]
This act introduced new benefits and procedures for asylum seekers—only one asylum status is possible
(common temporary residence permit and benefits). Tightened the conditions for family reunification for
fixed term permit holders (need income equal to 100% of benefit level)—after 3 years, refugees are
eligible for residence permit of indefinite term.
Amended the Netherlands Nationality Act: [39]
A demonstration of integration with Dutch society is now required before being naturalized, and applicants
must pass an examination showing proficiency in Dutch language, institutions and culture.
1991
1992
1992
1993
1994
1995
1995
1995
1997
1997
1998
1999
1999
2000
2001
2001
2001
2002
2002
2003
Norway
Overview: Norway has been relatively friendly towards refugees, with asylum seekers accounting for the majority of
immigrants. However, domestic xenophobic sentiment has given rise to overall anti-immigration policies. Challenges
include establishing effective integration strategies. [9], [11]
Act
Immigration Act: [12], [27]
This act established that foreign highly skilled workers must have skills that no domestic worker has in
order to obtain a work permit. In particular, those with skills in IT or oil sector are more likely to get a
permit. This act regulates the entry of foreign nationals into Norway and their rights to residence and
work. Four categories are admitted: workers with concrete job offer, refugees and other humanitarian
cases, family relations and students (students granted temporary residence). Two kinds of permits:
residence permit or work permit (granted mostly to skilled workers or people with special qualifications).
Aliens Act: [12]
A higher percentage of asylum seekers was allowed to stay on humanitarian grounds in the first half of
1991.
Amendment to Aliens Act: [12]
This act modified the application procedure (by requiring cooperation between employer and the labor
office)—employers must notify the government of any work permits issued.
Policy on Asylum Seekers: [39]
The government established an instrument of “collective protection” to be used in the case of large-scale
refugee flows and offer temporary protection.
Treaty of Amsterdam (EU TABLE)
EU Council Meeting in Tempere (EU TABLE)
Nice Treaty
European Council in Laeken
Work Permit Reforms: [39]
These reforms authorized seasonal permits throughout the year and lowered minimum education
requirement for work permits.
Schengen Agreement (EU TABLE)
Amendment to the Immigration Act: [39]
This act facilitates recruitment of non-EU highly skilled workers, including a quota (5000). However, this
act does not require checking for the unavailability of domestic labor until the quota filled.
Year
1988
1991
1994
1997
1999
1999
2000
2001
2001
2001
2002
Sweden
Overview: Sweden is considered to be an immigration country, characterized by open legislation and political practices.
There were a series of program in the 1970s that established integration programs for non-nationals. However, during the
1980s, with growing unemployment and a rise in immigration and asylum seekers, anti-immigration sentiments surmounted
among the nationals. Despite this, Sweden continues to uphold its open policy on immigration. (3) Sweden is country that
has made efforts to integrate foreigners without pushing them away, as demonstrated by the relative ease of acquiring
citizenship.[40]
Act
Legislation: [39]
The Swedish government passed a law that monitored inflow of foreigners and established free circulation
within the Nordic labor market.
Bill on the Guidelines for Swedish Immigration and Minority Policy: [39]
This bill established strict immigration regulation while maintaining a relatively generous refugee policy.
However, only those who are considered refugees in a ‘strict sense’ will be admitted.
Bill: [39]
The number of residence permits granted for humanitarian reasons to defacto refugees was reduced.
Establishment of the Aliens Board : [39]
The Aliens Board was set up by the government as a separate authority to hear appeals under aliens and
citizenship legislation.
Year
1981
1985
1990
1992
Legislation: [12]
The government issued 14,000 temporary work permits to skilled foreign workers to cover labor market
shortages.
Legislation [39]
The right to asylum was restricted to war refugees.
Aliens Act: [39]
Refugee status was defined more flexibly than in the 1951 act. In particular, applicants can be recognized
as refugees even if they originated from ‘safe’ countries.
Treaty of Amsterdam (EU TABLE)
Legislation: [12]
Approximately 10,000 (Nordic) foreign workers were recruited for work in construction and health care
sectors.
EU Council meeting in Tempere (EU Table)
Nice Treaty (EU Table)
Schengen Agreement, signed in 1996, implemented in 2001 (EU TABLE)
European Council in Laeken (EU Table)
1995
1996
1997
1997
1998
1999
2000
2001
2001
Switzerland
Overview: The immigration system of Switzerland can be characterized by a flexible system of quotas for worker categories
and limited allowance for permanent residents. However, since the 1980s, Switzerland has been considered to have a
relatively open immigration stance, despite domestic anti-immigrant sentiment (generated by the influx of immigrants in the
1970s during a time of economic expansion and labor shortage). [7], [15]
Act
Naturalization Law: [15]
The naturalization criteria were tightened, while establishing that children of Swiss citizens are Swiss
nationals.
Amendment of the Asylum Legislation: [39]
The procedure to examining application was expedited.
Policy: [39]
In order to balance the proportion of Swiss in the population, the number of foreigners was limited.
Act: [15]
An act relating to asylum seekers was passed that effectively tightened the existing asylum law, established
a faster admissions process, and provided for guidelines relating to imprisonment of dangerous asylum
seekers who refuse to leave the country.
Act: [15]
The law on foreigners’ rights was further tightened, expanding search rights of the authorities to more
asylum seekers domiciles.
Act on the Entry of Seasonal Workers: [39]
Seasonal permits were limited to the nationals of traditional recruitment countries of the EU. This one year
restriction caused a decline in seasonal workers.
Amendment to the Asylum Law: [15]
This law is a less restrictive provisionary admission law that establishes stricter criteria for asylum status.
A bilateral agreement between Switzerland and EU member states was established for the free movement
of persons for residency and work purposes. [39]
Year
1983
1984
1986
1987
1994
1994
1999
2002
United Kingdom
Overview: With increasing inflows has come greater diversity. Over the past half century, despite repeated efforts to restrict
inflows, the United Kingdom has changed from a racially homogenous society to one with significant Asian, sub-Saharan
African, West Indian and Arab communities. The transition has not been an easy one. Immigration legislation during the
1960s and 1970s was largely restrictive, characterized by worker permit restrictions and entry for only those with secure
employment prospects. Policy thereafter has largely focused on addressing the growing problem of people trafficking and
illegal immigration, as well as integration issues stemmed from immigration from former colonies. [30]
Act
British Nationality Act: [30]
The government sought to narrow immigration by limiting the right of residency to those exclusively in
possession of British citizenship.
Single European Act (EU TABLE)
Asylum acts of 1993, 1996, 1999: [30]
These acts curtailed the number of asylum applications.
Asylum and Immigration Appeals Bill: [39]
This bill included provisions about the treatment of persons who claim asylum in the UK and their
dependents, amends the law relating to immigration appeals, and provides for visas for certain transit
passengers.
Treaty on EU (EU TABLE)
Asylum and Immigration Act: [39], [30]
This act established that employing illegal residents is a criminal offense and declined applications from
asylum seekers from ‘safe’ countries.
Act: [39]
The government passed a law that establishes the right of appeal for individuals liable to deportation on
grounds of national security. This ended the “Primary Purpose Rule” which stated that in order to simply
enter the country, those coming to the UK with the intention of marriage had to prove that the purpose of
the marriage was not one of convenience.
Dublin Convention (EU TABLE)
Immigration and Asylum Act: [41]
The main purpose of the Act is to modernize and integrate the immigration and asylum system. The Act
includes provisions that touch on all areas of the immigration and asylum system. These address the
conditions applicable to persons before they come to the United Kingdom, the way in which persons are
dealt with at ports when arriving in the United Kingdom, and how they are dealt with once they are here.
The Act contains new support arrangements for asylum seekers in genuine need and includes other
safeguards in the form of the regulation of immigration advisers and new provisions for the grant of bail to
persons detained under immigration legislation. The Act also clarifies or strengthens some existing powers
and offences.
Commencement of the National Asylum Support Service: [39]
This service assists with accommodation and voucher provision for asylum seekers. The capacity of
existing system increased by 50% to handle the backlog of applicants.
Policy: [40]
Immigration policy focused the direction toward allowing more foreign workers.
Highly Skilled Migrant Program: [40]
This program uses a point scheme based on educational attainment and salary to admit foreign professions
who do not have a pre-arranged job. In addition to establishing this service, the government enacted
measures allowing seasonal workers, and increasing the penalty for trafficking people.
Nationality, Immigration and Asylum Act: [41]
This act established an effective and efficient end-to-end asylum process, with a system of induction,
accommodation and removal centers. General features include: (1) an expedite asylum process, (2)
stronger border control that is flexible enough to accommodate legal entrants, (3) provisions for tackling
illegal working, people trafficking and fraud, (4) updated nationality law.
Year
1981
1987
1990s
1993
1993
1996
1997
1997
1999
2000
2001
2002
2002
United States
Overview: Immigration became an important policy topic during the 1960s, after which emerged important legislation on
asylum, illegal immigration, and labor driven migration. During this time, immigration policy shifted from a quota
based system to a seven-category preference system characterized by immigrant visas. Policy is both skill based and one
that accommodates family reunification. Current challenges include addressing illegal immigration and terrorism while
upholding an open door policy and Mexican immigration. [31]
Act
Immigration and nationality Act 1952: [42]
This is the first consolidated law on immigration. Among the provisions include: (1) eligibility of all
races for naturalization, (2) elimination of discrimination between sexes (3) established a quota preference
to skilled migrants, (3) broadened the grounds for deportation and exclusion of aliens.
Act of June 5, 1981: [42]
This act reduced the previously appropriated funds for migration and refugee assistance.
(US Citizenship and Immigration Services)
Act of August 13, 1981: [42]
Access of aliens was restricted to various publicly funded benefits such as the Aid to Families with
Dependent Children fund.
“INS Efficiency Bill”: [42]
This bill established regulations involving convicted immigrants, amending the 1952 act with regards to
seizing vehicle of the party in question.
Act of September 30, 1982: [42]
This act allowed admission of nonimmigrant aliens from the Virgin Islands as permanent residents.
Act of October 2, 1982: [42]
This act limited the categories the Legal Services Cooperation may provide legal assistance.
Act of October 22, 1982: [42]
This act established that children born of US citizen fathers in Korea, Vietnam, Laos, Kampuchea, or
Thailand after 1950 may come to the US as immediate relatives.
Simpson Mazzoli Bills: [39]
Main features of these bills include the following: (1) established a legalization program for the illegally
resident by imposing sanctions against employers of improperly documented aliens, (2) outlined an
identification system to permit verification of employment eligibility, (3) streamlined of the temporary
foreign workers program, (4) established measures to expedite asylum hearings and more control over
legal migration, (5) established a quota of 425 000 per year.
Immigration Reform and Control Act: [14]
This act legalized illegal immigrants who had resided in the US since before 1982.
Immigration Reform and Control Act of November 6, 1986: [42]
This act authorized legalization of aliens who have lived illegally since January 1, 1982, established
sanctions prohibiting employers to hire or recruit for a fee aliens who are not permitted to work in US,
increased border enforcement, and adjusted residence status to permanent for Cubans and Haitians who
had entered US without inspection. Eligible applicants would have until 1988 to file for residency.
Therefore the bulk of the legalizations took place between 1989-1991.
Immigration Marriage Fraud Amendment: [42]
This amendment established that immigrants who derived their status on marriage that lasted less than 2
years are conditional immigrants, and required that the fiancé meet the person in question within 2 years of
the petition date.
Amerasian Homecoming Act: [42]
Children born in Vietnam to Vietnamese mothers between specified dates were admitted as non-quota
immigrants who receive refugee program benefits.
United States Canada Free Trade Agreement ( Regional Agreements Table)
Year
1952
1981
1981
1981
1982
1982
1982
1982
1982
1986
1986
1987
1988
Foreign Operations Act: [42]
This act adjusted permanent residence status for Soviet and Indochinese nationals who were denied refugee
status in the US over a certain period of time.
1989
Immigration Nursing Relief Act of 1989: [42]
This act adjusted the temporary to permanent resident status without regard to quota of certain nonimmigrants who were employed in the US as registered nurses for at least three years and established new
nonimmigrant category for the temporary admission of qualified registered nurses.
Immigration Act: [42]. [39]
This act amended previous provisions with regard to the permanent and temporary residence of migrants,
increased in the number of visas to be granted annually in the fiscal years 1992—1994, while
simultaneously attempting to safeguard US nationals’ wages and working conditions. It increased total
immigration cap, revised grounds for exclusion and deportation, new nonimmigrant admissions categories,
amended the substantive requirements for naturalization (waived the English language requirement, lifted
the permanent bar to naturalization for aliens who applied to be relieved from the US military service), and
revised criminal and deportation provisions. Quantitative changes include increasing in total immigration
under an overall flexible cap of 675,000 immigrants beginning in fiscal year 1995, preceded by a 700,000
level during fiscal years 1992 through 1994. This 675,000 figure consists of 480,000 family-sponsored;
140,000 employment-based; and 55,000 "diversity” immigrants.
Soviet Scientist Immigration Act: [42]
This act established permanent residence status on a maximum of 750 scientists from the Soviet Union and
the Baltic states in the area of biology, chemical, nuclear technical and high technology defense.
1989
North American Free Trade Agreement (Regional Agreements Table)
Crime Control and Law Enforcement Act: [42]
This act established a criminal alien tracking center, nonimmigrant classification for alien witness
cooperation and counterterrorism information, deportation for denied asylum applicants, improved border
management, and strengthened penalties for passport and visa offenses.
Antiterrorism and Effective Death Penalty Act: [42]
This act expedited procedures for removal of alien terrorists, enacted measures to exclude the entry of
members of terrorist organizations, modified asylum procedures to improve identification of alien
terrorists, and improved criminal alien procedures.
Welfare Reform Act: [42]
This act established a restriction on the eligibility of immigrants from some government funded benefits
and broadened the restrictions on public benefits for illegal aliens and nonimmigrant.
1994
1994
Illegal Immigration Reform and Immigrant Responsibility Act: [42]
General features of this act include the following: US border control, removal measures for criminal and
other deportable aliens, benefit restrictions for aliens, miscellaneous administrative reform.
Legal Immigration Family Equity Act: [39]
This act authorized illegal residents who had files an immigrant application to adjust to the status without
having to leave US. A “V’ visa was created to enable the admission of those spouses and children of
permanent residents whose immigrant applications had been pending for at least three years. This enables
eligible but previously rejected people to apply for immigrant status.
Victims of Trafficking and Violence Protection Act: [39]
This act created 15,000 non-immigrant visas for women and children victims of trafficking and of physical
and mental abuse and required a three year waiting period of eligible immigrants for permanent residence
status.
USA PATRIOT Act 2001: [39]
This act authorized the allocation of substantial additional resources to border control and inspection, and
implemented student monitoring system, which was supplemented by the 2002 Enhance Border Security
and Visa Entry Reform Act.
1996
1992
1992
1996
1996
2000
2000
2001
Enhanced Border Security and Visa Entry Reform Act of 2002: [42]
This act enhanced the tracking system of aliens and an improved information sharing system between
relevant government agencies. It prohibits the admission of an alien from a country designated to be a
state sponsor of international terrorism (as defined by this Act) unless the Secretary has determined that
such individual does not pose a risk or security threat to the United States. Furthermore, it sets forth
transitional foreign student monitoring requirements, including: (1) restrictions on visa issuance; (2) INS
notification of visa issuance; (3) institution notification of U.S. entry; and (4) INS notification (by the
institution) of failure to enroll.
2002
Regional Agreements [12], [42]
Each country has its own regulations regarding multinational flow of temporary residents, but most governments
avoided comprehensive commitments. Agreements made primarily for highly skilled workers. The three broad
categories of terms included in these agreements include those for: temporary visitors, intra-company transfers, and
foreign qualified professionals/practitioners
Year
1989
Agreement
CFTA
1989
APEC
1992
TESS
1994
EURES
1994
EEA
1994
NAFTA
1995
GATS
Description
The Canada free trade agreement involved the United States and Canada exchanging skilled
labor in similar terms as NAFTA. It facilitated temporary entry on a reciprocal basis between
the United States and Canada, established procedures for the temporary entry into the United
States of Canadian citizen professional business persons to render services for remuneration.
No nonimmigrant visa, prior petition, labor certification, or prior approval are required, but
appropriate documentation must be presented to the inspecting officer establishing Canadian
citizenship and professional engagement in one of the occupations listed in the qualifying
occupation schedule. The migration guidelines of this agreement were replaced by NAFTA in
1994.
Asia Pacific Economic Cooperation involves the following countries: Australia, Chile, Hong
Kong, China, Korea, Malaysia, New Zealand, and the Philippines. This agreement
coordinates high skilled migration policies by the Business Mobility Experts Group. The
Committee on Trade and Investment collects information on business entry requirements of
member countries.
The EU established the TESS (telematics in social security system), which improved EU
migrants’ access to, and use of social security benefits in host member states.
In 1994 the EU established the European Employment Services (EURES) to promote
exchange of information between national employment services—17 countries EU member
states and Iceland and Norway take part of this system. In 1998 EURES helped around
500,000 residents obtain jobs outside their country of origin.
The European Economic Area agreement extends the free movement of persons clause to a
larger subset of European states and draws on Treaty of Rome, and other legislation that bring
about a single market in labor, goods and capital. Migrants have the same social security
benefits as nationals.
The North American Free Trade Agreement supersedes the United States-Canada Free-Trade
Agreement and involves Canada, United States and Mexico. It establishes mutual recognition
of professional qualifications among member states, while still retaining decision-making
power regarding high skilled migration policies to the countries involved. NAFTA is less
integrated and on a smaller scale than the EU measures. For example, in an effort to secure
permanent employment in home countries as well as to promote border security, there is no
central decision making authority and no common market for the movement for labor.
NAFTA established procedures for the temporary entry into the United States of Canadian and
Mexican citizens with the following features: (1) For Canadians, no nonimmigrant visa, prior
petition, labor certification, or prior approval required, but appropriate documentation must be
presented to the inspecting officer establishing Canadian citizenship and professional
engagement in one of the occupations listed in the qualifying occupation schedule; For
Mexicans, nonimmigrant visa, prior petition by employer, and Department of Labor attestation
are required in addition to proof of Mexican citizenship and professional engagement in one of
the occupations listed in the qualifying occupation schedule; (2) For Canadians, nonimmigrant
visas are not required of spouses and minor children who possess Canadian citizenship; For
Mexicans, nonimmigrant visas are required of spouses and minor children who possess
Mexican citizenship; (3) For Canadians, no limit to number of admissions; For Mexicans, a
limit was set for a transition period for up to ten years at 5,500 initial approvals per year.
General Agreement on Trade in Services (GATS) came into force on 1995. It is an agreement
between 116 countries; it is the first multilateral, legally enforceable agreement stipulating
rules on international trade in services. The migration clause pertains to temporary movement
of persons—permanent employment, residence or citizenship is not addressed
European Union Agreements
Year
1958
Event
Treaty of
Rome
Outcome
The treaty established the European Economic Community and allowed citizens of one member country
to travel to another country to work or to seek work. Although the Treaty of 1957 establishing the
European Community (EC Treaty) includes as one of its objectives the free movement of persons within
the Community, it does not deal with the crossing of borders, immigration or visa policy. Freedom of
movement was viewed in purely economic terms and concerned only workers. Beginning in the seventies,
the desire to extend this freedom to everyone and the growing importance of certain problems, such as
cross-border organized crime, drug trafficking, illegal immigration and terrorism, encouraged EU
Member States to increase ad hoc cooperation in the field of justice and home affairs. [40], [18]
1976
Trevi Group
1985
Schengen
Accords
This was a meeting of ministers to promote cooperation on issues of law and order. After 1986 this
become an ad hoc group of ministers responsible for considering immigration questions, particularly
illegal immigration, among other things. [40]
The Schengen Accords removes all border controls while attempting to strengthen the common external
frontier. On 14 June 1985 the Federal Republic of Germany, France, Belgium, Luxembourg and the
Netherlands signed the Schengen Agreement (Schengen being a place in Luxembourg) on the gradual
abolition of checks at their common borders. On 19 June 1990 the Convention Implementing the
Schengen Agreement was signed. Its key points relate to measures designed to create, following the
abolition of common border checks, a common area of security and justice. Specifically it is concerned
with: (1) harmonizing provisions relating to entry into and short stays in the Schengen area by non-EU
citizens (uniform Schengen visa); (2) asylum matters (determining in which Member State an application
for asylum may be submitted); (3) measures to combat cross-border drugs-related crime; (4) police
cooperation (hot pursuit); (5) cooperation among Schengen states on judicial matters. Once checks at
common borders are completely abolished, the holder of a uniform visa is entitled to stay in the 15 EU
countries for a maximum of up to 90 days per six-month period during the visa's period of validity.
Countries Involved
France, Germany, Italy,
Belgium, the Netherlands
and Luxembourg established the European
Economic Community.
1985: France, Belgium, the
Netherlands, Luxembourg
and Germany
1990: Italy
1991: Spain and Portugal
1992: Greece
1995: Austria
1996: Finland, Denmark,
Sweden (Denmark has the
option can opt not to
participate in future
decisions)
2001: Norway and Iceland
With delays due to implementing the technological and legal prerequisites of the agreement, the Schengen
agreement took effect in 1995 for the original signatories and in 2001 for Denmark, Sweden and Finland.
[40], [18]
1987
1993
Single
European
Act
Treaty on
EU
The member states of the EU declared their intention to create a unified market. The act also emended
earlier treaties to ensure further cooperation on foreign policy and established free movement of persons.
[40], [18]
The “Maastricht Treaty” extended cooperation to political activities, including foreign policy. This treaty
also lifted the remaining restrictions on migration from Spain and Portugal to other EU countries. [40]
Belgium, Denmark,
Germany, Spain, Greece,
France, Ireland, Italy,
Luxembourg, Netherlands,
Portugal, UK
Belgium, Denmark,
Germany, Spain, Greece,
France, Ireland, Italy,
1997
Dublin
Convention
This was an attempt to harmonize policy on refugees by requiring asylum seekers to apply in the first EU
country they enter. The objective was to determine the Member State responsible for examining an
application for asylum, a matter that is not settled by the Geneva Convention on the status of refugees.
The application of this Convention would ensure that every asylum-seeker's application would be
examined by a Member State, unless a "safe" non-Member country could be considered as responsible.
This would avoid situations of refugees being shuttled from one Member States to another, with none
accepting responsibility, as well as multiple serial or simultaneous applications. [40], [17]
Luxembourg, Netherlands,
Portugal, UK
September 1997: the twelve
original signatories
(Belgium, Denmark,
Germany, Spain, Greece,
France, Ireland, Italy,
Luxembourg, Netherlands,
Portugal, UK)
October 1997: Austria and
Sweden
1999
Treaty of
Amsterdam
1999
European
Council
meeting in
Tampere
This treaty placed issues relating to immigration and asylum and incorporated the Schengen Accords into
the EU. It included an agreement to achieve minimum standards in asylum policies and practices by 2004
and established free movement of persons (EU citizens and third country nationals). It enhanced border
control and criminal investigation cooperation between the states and reduced checks on people at internal
borders, integrating cooperation under Schengen. In a transitional phase of five years the initiative may
be taken by the Commission or the member states, the European Parliament must be consulted, and the
Council will decide unanimously. Refugees and asylum seekers are not to be treated as a "burden", but
rather uniform standards should be created for the protection of refugees and the costs of taking them in
shared in a spirit of solidarity. This is particularly in Germany's interest, for it has taken by far the most
refugees from the former Yugoslavia. The harmonized visa, asylum and immigration policy will have an
effect on decision-making procedures. In place of intergovernmental cooperation (international treaties),
EU legislative procedures will come into effect. [40], [18], [20]
This meeting established the need for common European policy on asylum and immigration and asked the
European Commission to draw up proposals on asylum, refugees, and immigration. It established
measures for fair treatment of third country nationals and more efficient management of migration flows,
and addressing the source of illegal immigration.
The European Council. [19], [40]
January 1998: Finland.
Austria, Belgium, Denmark,
Finland, France, Germany,
Greece, Iceland, Italy,
Luxembourg, the
Netherlands, Norway,
Portugal, Spain, and
Sweden
Austria, Belgium, Denmark,
Finland, France, Germany,
Greece, Iceland, Italy,
Luxembourg, the
Netherlands, Norway,
Portugal, Spain, and
Sweden
2000
Nice Treaty
This treaty included a Charter of Fundamental Rights, stating that non-EU nationals with residence or
work permits would eventually have the same freedom of movement as EU nationals. The Member
States decided to indicate the tasks carried out by Eurojust in Article 31 of the Union Treaty. A
Commission proposal to include a reference to the European Public Prosecutor was discarded. Most of the
involved countries would no longer require unanimity but would be subject to the codecision procedure
(Article 251 of the EC Treaty). However, the transition to the codecision procedure has been deferred and
made subject to certain conditions. Certain decisions on immigration will be taken under the codecision
procedure as from 1 May 2004, whereas in the area of asylum policy the transition is subject to the sine
qua non condition that the Council has previously adopted common rules and basic principles governing
these issues. [40], [18]
Austria, Belgium, Denmark,
Finland, France, Germany,
Greece, Iceland, Italy,
Luxembourg, the
Netherlands, Norway,
Portugal, Spain, and
Sweden
2001
European
Council
Meeting in
Laekn
Since the 1999 Tampere European Council, the Member States have stated on several occasions that the
principle of mutual recognition must be the cornerstone of a European area of freedom, security and
justice. The terrorist attacks of 11 September 2001 in the United States accelerated the decision-making
process in the European Union. The Member States undertook to take decisive action against increasingly
transnational organized crime. The Laeken European Council provided an opportunity to assess the
progress made and to discuss key issues such as the European arrest warrant and the framework decision
on combating terrorism. However, member states failed to agree on greater cooperation on immigration or
asylum policies.
European Council [40], [18]
Austria, Belgium, Denmark,
Finland, France, Germany,
Greece, Iceland, Italy,
Luxembourg, the
Netherlands, Norway,
Portugal, Spain, and
Sweden
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