Institutional Solutions for Migration Management

1
Institutional Solutions for Migration Management

• Piotr Kazmierkiewicz
• Institute of Public Affairs, Warsaw

2
Acknowledgments

• Data on EU Member States have been kindly
  provided by the International Organization for
  Migration Kyiv
• Polish experience has been based on the materials
  supplied by the Headquarters of the Polish Border
  Guards

3
Overview

• Migration Institutions in Europe Different Focus
• Location of Migration Services in European
  Government Structures
• Case Studies of Organizational Designs
• Concentration In A Ministry,
• Interministerial Coordination
• Decentralization
• Role of Ministry of Interior in Various Systems
• Scope of Responsibilities of Designated Migration
  Institutions
• Directions of Organizational Reforms

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Conclusion 1 No single profile of a European
migration service

• Migration Institutions in Europe take on
  different names, reflecting their focus
• Two most common types
• Focus on (im)migration
• Link between (im)migration and citizenship

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Most service titles focus on migration or link
with citizenship

• stressing (im)migration (10)
• Directorate of Immigration (Finland, Greece,
  Norway, Spain)
• (Im)migration Office (Italy, Slovakia,
  Switzerland)
• (Im)migration Department (Belgium, Lithuania)
• Immigration Service (Denmark)
• linking (im)migration and naturalization/citizensh
  ip (8)
• Office of Citizenship and Migration (Latvia)
• Citizenship and Migration Board (Estonia)
• Office of Immigration and Nationality (Hungary)
• Nationality and Immigration Service/Directorate
  (Ireland, UK)
• Migration and Naturalization Service/Section
  (Netherlands, Slovenia)
• Civil Registry and Migration Department (Cyprus)

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Some services with broader focus (asylum, border
control)

• linking migration and asylum (2)
• Asylum and Migration Policy Department (Czech
  Republic)
• Federal Office for Migration and Refugees
  (Germany)
• linking aliens and border control (2)
• Department of Immigration Police and Border
  Control (Austria)
• Service of Aliens and Borders (Portugal)
• linking aliens and expatriate/repatriate affairs
  (2)
• Department of Citizenship and Expatriate Affairs
  (Malta)
• Office for Repatriation and Aliens (Poland)

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Conclusion 2 There are options for placing
service in administration

• Classical option the service within the
  Ministry of Interior
• usually housing asylum, integration and
  policinggood for coordination, but control
  aspects may dominate
• Integration focus under Ministry of Labour
  and Social Affairs
• Appropriate when key issue becomes economic and
  social integration
• High-profile option the service independent
  or based in Ministry of Justice
• Reflects the growing political significance of
  the issue (uncontrolled immigration, problems in
  integration)

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80 of European services made part of single
ministries, usu Interior

• 14 services placed under Ministry of Interior
• NOTE most countries with external borders or
  facing illegal entry, majority of new EU MSs
  entering in 2004
• (Austria, Czech Rep, Cyprus, Estonia, Finland,
  Germany, Greece, Latvia, Lithuania, Poland,
  Portugal, Slovakia, Slovenia, UK)
• 6 within structures of Ministry of Justice
• NOTE many countries with high of immigrants
• (Hungary, Ireland, Malta, Netherlands,
  Switzerland, Sweden)
• 2 made part of Ministry of Social Affairs
• Norway, Spain

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Services rarely independent or policy divided
among ministries

• 3 services independent
• Belgium, Denmark, Luxembourg
• In 2 cases, multiple ministries involved
• France, Italy

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Conclusion 3 Role of Ministry of Interior in
migration policy differs

• Management of border control, immigration and
  asylum (Czech Republic)
• Overall coordination and management (Estonia)
• Supervisory role, conceptualizing policy,
  cooperation with other ministries (Poland)

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Interior Ministry may cover the entire migration
policy Czech Republic

• Asylum and Migration Policy Department and Alien
  and Border Police subordinate to the Ministry
• Asylum and Migration Policy Department
  legislation, design and implementation of
  migration and asylum policies
• Alien and Border Police border protection,
  control of movement and residence, expulsion

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Interior Ministry may coordinate, manage
services Estonia

• Citizenship and Migration Board, Police Board and
  Board of Border Guard under the Ministry
• directing and coordinating implementation of the
  national citizenship policy national policy
  concerning foreigners national migration policy
  
• prevention of illegal immigration
• implementation of the national asylum policy
• issuing of personal identification documents to
  Estonian citizens and foreigners
• guarding and protecting the state border and
  ensuring the border regime.

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Interior Ministry in supervisory role and with
policy initiative Poland

• Police, Border Guards, Office for Repatriation
  and Aliens supervised, but autonomous
• Ministry legislative initiative, coordination
  and oversight of implementation of acquis
• Border Guards controlling entry, residence and
  departure of foreigners
• Office for Repatriation and Aliens issues
  decisions on refugee and repatriation status,
  long-term residence, conducts related
  administrative procedures and oversees the
  assistance to repatriates, recognised refugees
  and temporarily protected persons and manages
  centres for asylum-seekers

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Conclusion 4 Migration services within MoI
have standard functions

• Issuing identity documents
• Decisions on residence, asylum, citizenship
• Development of migration policy
• Statistics and monitoring

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Responsibilities of Services Within Ministries of
Interior 1

• Directorate of Immigration (Finland)
• -- decides on
• individual residence permit matters
• asylum applications,.
• Finnish citizenship,
• refusal of entry
• deportation
• -- collects statistics on aliens together with
  the Population Register Centre and Statistics
  Finland

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Responsibilities of Services Within Ministries of
Interior 2

• Office of Citizenship and Migration (Latvia),
  Migration Department (Lithuania)
• issue identity documents and travel documents,
• develop and implement
• state migration policy,
• repatriation policy,
• asylum policy
• maintain the Population Register (Latvia),
• in Lithuania Foreigners Registration Centre under
  State Border Guard Service

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Responsibilities of Services Within Ministries of
Interior 3

• Migration Office (Slovakia)
• issues identity cards and travel documents
• oversees state border protection,
• decides on
• the entry to the territory of the Slovak Republic
  
• the stay of foreigners in its territory
• works with refugees and transit migrants

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Conclusion 5 There are options for placing a
service under MoI

• Separating policing functions from asylum and
  integration in more developed systems
• In smaller systems, possible to achieve greater
  coordination by bringing various functions under
  one roof and eliminating layers of
  administration

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Organization of services within Ministry of
Interior 1 Austria

• Dividing policing from asylum and integration

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Organization of services within Ministry of
Interior 2 Slovenia

• The fewer levelsthe improved coordination

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Conclusion 6 As migration policy evolves, the
service may be placed under other ministries

• Ministries of Justice or Labour and Social
  Affairs shift from policing toward integration
• More decentralized management with several
  quasi-independent bodies (migration and asylum
  boards, appeals agencies)

22
Organization of services within Ministry of
Justice Ireland

• Focus on legal labor migration

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Organization of services within Ministry of
Labour Norway

• Focus on social integration

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Conclusion 7 Decentralized management requires
a lot of cooperation among institutions

• Italian and French systems place responsibility
  on local governments for integration
• Multiple central ministries and agencies in
  charge need to clearly divide competences to
  reduce conflicts

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Migration policy dealt with by various
ministries Italy

• Clearly defined competencies

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Inter-agency cooperation France

• Formulation of migration policies
• Directorate of Population and Migration at
  Ministry of Labour, Employment and Social Affairs
  Ministry of Interior
• Work permits and family reunification
• Directorate of Population and Migration at
  Ministry of Labour, Employment and Social Affairs
• Residence and documentation of foreigners
• National Agency for the Reception of Foreigners
  and Migrations at Ministry of Labour, Employment
  and Social Affairs
• Policies on illegal migration
• Interministerial Committee on Immigration
  Control, led by Ministry of Interior
• Integration of immigrants
• High Council for Integration
• Asylum requests
• Office for the Protection of Refugees and
  Stateless People

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Conclusion 8 Organizational reforms follow
rethinking of migration policy

• As immigration becomes an issue, a minister is
  appointed or a dedicated ministry formed
• With social and economic integration a primary
  concern, a shift from Ministry of Interior is
  made or scope of responsibilities is broadened

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Directions of organizational reform upgrading
immigration policy 1

• Creation of a single ministry, taking over
  functions of multiple agencies (Denmark)
• Means Ministry of Refugee, Immigration and
  Integration Affairs established in 2001, taking
  over responsibilities of 8 ministries, incl.
  Interior, Justice, Social Affairs, Labour.
• Assessment upgrade of significance of the
  policy, better coordination of immigration and
  integration policies and clear line of authority

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Directions of organizational reform upgrading
immigration policy 2

• Designation of a Minister for Migration within
  Ministry of Justice (Netherlands, Sweden)
• Means Transfer of a minister from the Foreign
  Ministry into the structure of Justice Ministry
  (Sweden) or the nomination of an additional
  minister heading the staff integrated into the
  Ministry of Justice (Netherlands)
• Assessment communication of significance of
  issue, however, no separate ministry structure,
  indicating lower status

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Directions of organizational reform moving
towards integration 1

• Shifting responsibility for immigration policy
  from Ministry of Interior to Ministry of Labour
  and Social Affairs (Spain)
• Means Transfer from Government Office of Alien
  and Immigration Affairs to Secretariat of State
  for Immigration and Emigration (with General
  Directorate on Immigrants Integration)
• Assessment the issue no longer viewed mainly
  not as a matter of policing but of social
  integration

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Directions of organizational reform moving
towards integration 2

• Adding integration policy to the functions of a
  migration institution (Germany)
• Means Since 2005, the Federal Office for
  Migration and Refugees also designing the
  curriculum for the integration courses, ensuring
  adequate provision of basic and intermediate
  language and orientation courses, and conducting
  immigration research
• Assessment ensuring better coordination between
  immigration, asylum and integration policies

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Conclusions

• 1. No single profile of a European migration
  service
• 2. Different options for placing the service
  within administration
• 3. Role of Ministry of Interior in migration
  policy differs
• 4. Migration services within MoI have standard
  functions
• 5. Options for placing the service under Ministry
  of Interior
• 6. As migration policy evolves, the service may
  be placed under other ministries
• 7. Decentralized management requires a lot of
  cooperation among institutions
• 8. Organizational reforms follow rethinking of
  migration policy