5. Migration in the Context of EU Border Management

Statista [59].

Bundesverband der Deutschen Arbeitgeberverbände [8].

United Nations—New York [70]: UNHCR Report of the United Nations High Commissioner for Refugees. Covering the period 1st July, 2015–30th June 2016. This includes 21.3 million refugees (16.1 under UNHCR’s mandate and 5.2 million Palestinian refugees registered by the United Nations Relief and Works Agency), 40.8 million internally displaced persons and 3.2 million asylum-seekers, p. 1. Available from: https://​www.​unhcr.​org/​excom/​unhcrannual/​5808d8b37/​report-united-nations-high-commissioner-refugees.​html (Accessed on 26th November 2016).

Ibid.

Ibid.

Bundesamt für Migration und Flüchtlinge [7].

Ibid.

Corbett [11] CSISS–Centre for Spatially Integrated Social Science. The Laws of Migration 1985. Ernst Georg Ravenstein (also Ernest George Ravenstein *1834; †1913) was a cartographer and demographer, has been a pioneer and initiator of migration research since this lecture. Available from: https://​escholarship.​org/​uc/​item/​3018p230 (Accessed on 26th November 2016).

Haug [36] Klassische und neuere Theorien der Migration. An individualist interpretation of the push–pull paradigm of the macro economy derives from Lee […]. Factors in the region of origin (push), factors in the target area (pull), intervening obstacles and personal factors are used in his ‘theory of migration'. […] p. 8. Available from: https://​edoc.​vifapol.​de/​opus/​volltexte/​2014/​5124/​pdf/​wp_​30.​pdf (Accessed on 26th November 2016).

Seifert [57].

Lee and Széll [40].

Nuscheler [48].

Migrationsgeschichte und Einwanderungspolitik in Österreich und im europäischen Kontext. Available from: https://​www.​demokratiezentru​m.​org/​bildung/​lernmodule/​migration.​html (Accessed on 26th November 2016).

Note from the author: For more information on push and pull factors, see Point 4.​4.

Luft [41, p. 7].

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26th June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person. This Regulation lays down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (‘the Member State responsible’). The Regulation replaces the Dublin II Regulation and is also referred to as the Dublin III Regulation. It entered into force on 19th July 2013 and is directly applicable from 1st January 2014 to Article 49 thereof.

Putzke [53].

Eurostat [24].

UNHCR [64].

Ibid.

Ibid.

World Bank [73].

Statistisches Bundesamt [60].

Ibid.

UN Relief and Works Agency for Palestine in the Near East [63].

Note from the author: UNHCR distinguishes between migrants and refugees. The definition ‘refugee’ is given in Point 4.​4.

UNHCR [65].

United Nations–New York [70]: UNHCR Report of the United Nations High Commissioner for Refugees. Covering the period 1st July, 2015–30th June, 2016. This includes 21.3 million refugees (16.1 under UNHCR’s mandate and 5.2 million Palestinian refugees registered by the United Nations Relief and Works Agency), 40.8 million internally displaced persons and 3.2 million asylum-seekers, p. 1. Available from: https://​www.​unhcr.​org/​excom/​unhcrannual/​5808d8b37/​report-united-nations-high-commissioner-refugees.​html (Accessed on 26th November 2016).

United Nations Convention and Protocol relating to the status of Refugees. Resolution 2198 (XXI) adopted by the United Nations General Assembly. Article 1—Definition of the term ‘Refugee’. Further explanations will be provided under Point 4.​4. of the work.

United Nations [69].

UNHCR [66].

Residence Act in the version promulgated on 25 February, 2008 (Federal Law Gazette I p. 162), last amended by Article 3 of the Act of 6th September 2013 (Federal Law Gazette I p. 3556).

Article 116—Definition of “German”—Restoration of citizenship.

(1) Unless otherwise provided by a law, a German within the meaning of this Basic Law is a person who possesses German citizenship or who has been admitted to the territory of the German Reich within the boundaries of 31st December 1937 as a refugee or expellee of German ethnic origin or as the spouse or descendant of such person.

(2) Former German citizens who between 30th January 1933 and 8th May 1945 were deprived of their citizenship on political, racial or religious grounds, and their descendants, shall on application have their citizenship restored. They shall be deemed never to have been deprived of their citizenship if they have established their domicile in Germany after 8th May 1945 and have not expressed a contrary intention.

Federal Police Act of 19th October 1994 (Federal Law Gazette I, p. 2978, 2979), last amended by Article 1 of the Law of 21st June, 2005 (Federal Law Gazette I, p. 1818).

Federal Police [27].

EU Directorate–General for Internal Policies [16 p. 7].

Note from the author: This depends on the access rights of the respective control authorities to national and international search databases and watch lists; For example, the German search database INPOL (information system of the police) at EU level, SIS (Schengen Information System), INTERPOL SLTD Database (Stolen and Lost Travel Documents).

Federal Police [27].

Residence Act in the version promulgated on 25th February 2008 (Federal Law Gazette I p. 162), last amended by Article 3 of the Act of 6th September 2013 (Federal Law Gazette I p. 3556).

Ibid.

Section 60—Temporary suspension of deportation.

Freedom of Movement Act/EU of 30 July 2004 (Federal Law Gazette I p. 1950, 1986), last amended by Article 6 of the Act of 21st December 2015 (Federal Law Gazette I p. 2557).

Section 5—Residence cards, certificates confirming the right of permanent residence.

[…] (5) EU citizens shall be provided with a certificate confirming their right of permanent residence forthwith, upon due application. Their dependants who are not EU citizens and who are entitled to permanent residence shall be provided with a permanent residence card within six months of filing a corresponding application. […].

Ibid.

Section 6—Loss of the entitlement to entry and residence.

(1) Without prejudice to Section 2 (7) and Section 5 (4), loss of the entitlement pursuant to Section 2 (1) can only be determined and the certificate confirming the right of residence under Community law and the EU residence permit withdrawn for reasons of public order, security or health (Article 45 (3), Article 52 (1) of the Treaty on the Functioning of the European Union). Entry may also be refused on the grounds stated in the first sentence. Loss of the entitlement on grounds of public health can only be declared in the cases of illnesses with epidemic potential as defined by the International Health Regulations of the World Health Organisation or other infectious diseases or contagious parasitic diseases provided they are the subject of protection provisions in the federal territory, and if the illness concerned arises within the first three months after entering the federal territory. […].

European Parliament [21, p. 2].

BAMF [2].

Asylum Act in the version promulgated on 2nd September 2008 (Federal Law Gazette I, p. 1798), last amended by Article 2 of the Act of 11th March 2016 (Federal Law Gazette I, p. 394).

Section 29a—Safe country of origin; report; authority to issue statutory instruments.

(1) The asylum application of any foreigner from a country within the meaning of Article 16a (3), first sentence of the Basic Law (safe country of origin) shall be rejected as manifestly unfounded, unless the facts or evidence produced by the foreigner give reason to believe that he faces political persecution within the meaning of Section 3 (1) or serious harm as defined in Section 4 (1) in his country of origin in spite of the general situation there.

(2) In addition to the Member States of the European Union, safe countries of origin are those listed in Annex II. […].

Ibid.

Section 26a—Safe third countries.

(1) Any foreigner who has entered the federal territory from a third country within the meaning of.

Article 16a (1), first sentence of the Basic Law (safe third country) cannot invoke Article 16a (1) of the Basic Law. He shall not be granted asylum. The first sentence above shall not apply if.

1. the foreigner held a residence title for the Federal Republic of Germany at the time he entered the safe third country,

2. the Federal Republic of Germany is responsible for processing an asylum application based on European Community law or an international treaty with the safe third country, or if.

3. the foreigner has not been refused entry or removed on account of an order pursuant to Section 18 (4) no. 2.

(2) In addition to the Member States of the European Union, safe third countries are those listed in Annex I.

Regulation (EC) No 343/2003—Dublin Regulation. The “Council Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national” was substituted by the new Dublin III Regulation (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26th June 2013) with effect from 1st January 2014. Member States in which this Regulation constitutes directly applicable law are all the Member States of the EU, as well as Norway, Iceland, Switzerland and Liechtenstein.

Note from the author: EURODAC is further discussed in detail under Point 9.​2.

European Commission [23].

Federal Ministry for Economic Cooperation and Development [28].

Haase and Jugl [35].

Statista [58].

China [9].

‘Visa’ means an authorisation issued by a Member State or a decision taken by such State, which is required with a view to entry for an intended stay in that Member State or in several Member States, or for transit through the territory of that Member State or several Member States.

Seifert [57].

Lee and Széll [40, pp. 115–129].

Nuscheler [48, p. 101].

United Nations [68, p. 2].

Note from the author: A detailed description and delineation between human trafficking and human smuggling is given in section from 5.6.2. to 5.6.4.

European Parliament and Council Directive 2004/38/EC of 29th April, 2004 is about the right of citizens of the Union and their family members to move and reside freely within the territory of the EU and EEA member states.

European Commission [20].

Neske [46].

Article 116—Definition of “German”—Restoration of citizenship.

(1) Unless otherwise provided by a law, a German within the meaning of this Basic Law is a person who possesses German citizenship or who has been admitted to the territory of the German Reich within the boundaries of 31st December 1937 as a refugee or expellee of German ethnic origin or as the spouse or descendant of such person.

Residence Act in the version promulgated on 25th February 2008 (Federal Law Gazette I p. 162), last amended by Article 3 of the Act of 6th September 2013 (Federal Law Gazette I p. 3556).

Section 3—Passport obligation.

(1) Foreigners may only enter or stay in the federal territory if they are in possession of a recognised and valid passport or passport substitute unless they are exempt from the passport obligation by virtue of a statutory instrument. For the purpose of residence in the federal territory, possession of a substitute identity document shall also suffice in order to meet the passport obligation (Section 48 (2)).

(2) In justified individual cases, the Federal Ministry of the Interior or a body designated by the Federal Ministry of the Interior may permit exemptions from the passport obligation before the foreigner enters the federal territory for the purpose of crossing the border, and for a subsequent stay of up to six months.

Criminal Code in the version promulgated on 13th November 1998, Federal Law Gazette [Bundesgesetzblatt] I p. 3322, last amended by Article 1 of the Law of 24^th September 2013, Federal Law Gazette I p. 3671 and with the text of Article 6(18) of the Law of 10^th October 2013, Federal Law Gazette I p. 3799.

Section 267—Forgery.

(1) Whosoever for the purpose of deception in legal commerce produces a counterfeit document, falsifies a genuine document or uses a counterfeit or a falsified document, shall be liable to imprisonment not exceeding five years or a fine.[…].

Ibid.

Section 281—Misuse of identity documents.

(1) Whosoever for the purpose of deception in legal commerce uses an identity document, which was issued to another, or whosoever for the purpose of deception in legal commerce supplies to another an identity document that was not issued to that person, shall be liable to imprisonment not exceeding one year or a fine. The attempt shall be punishable.

(2) Certificates and other documents which are used as identity documents in commerce shall be equivalent to identity documents.

Frontex [34, p. 30].

Frontex [32, pp. 29–30].

Federal Foreign Office [29].

United Nations Convention Against Transnational Organised Crime and the Protocols Thereto [71].

European Commission [19].

OSCE [49].

IOM [38].

ICMPD [37].

Rechtslexikon [54].

Residence Act in the version promulgated on 25th February 2008 (Federal Law Gazette I p. 162), last amended by Article 3 of the Act of 6th September 2013 (Federal Law Gazette I p. 3556), Section 96—Smuggling of foreigners into the federal territory and Section 97—Smuggling of foreigners into the federal territory resulting in death; smuggling for gain and as organised gangs.

Basic Law for the Federal Republic of Germany in the revised version published in the Federal Law Gazette Part III, classification number 100–1, as last amended by Article 1 of the Act of 23^rd December 2014 (Federal Law Gazette I p. 2438). Politically persecuted persons enjoy asylum and asylum law has constitutional status in Germany and according to Article 16a of the Basic Law (GG) of the Federal Republic of Germany enjoy political persecution asylum.

Article 116—Definition of ‘German’—Restoration of citizenship.

(1) Unless otherwise provided by a law, a German within the meaning of this Basic Law is a person who possesses German citizenship or who has been admitted to the territory of the German Reich within the boundaries of 31st December 1937 as a refugee or expellee of German ethnic origin or as the spouse or descendant of such person.

(2) Former German citizens who between 30th January 1933 and 8th May 1945 were deprived of their citizenship on political, racial or religious grounds, and their descendants, shall on application have their citizenship restored. They shall be deemed never to have been deprived of their citizenship if they have established their domicile in Germany after 8th May 1945 and have not expressed a contrary intention.

Migrationsrecht [43].

United Nations [68].

Article 3—Use of terms.

For the purposes of this Protocol:

Menschenhandel Heute [42].

DPA [12].

News [47].

BBC News [4].

Reuters [55].

Residence Act in the version promulgated on 25th February, 2008 (Federal Law Gazette I p. 162), last amended by Article 3 of the Act of 6 September 2013 (Federal Law Gazette I p. 3556); Chap. 2—Section 3–42—Entry into and residence in the federal territory.

European Parliament [22]: Joint Motion for a Resolution (RC-B5-0046/2002) pursuant to Rule 37(4) of the Rules of Procedure by Bartho Pronk, Astrid Lulling, Mathieu J.H. Grosch and Konstantinos Hatzidakis, on behalf of the PPE-DE Group, on the situation of lorry drivers in Luxembourg. Available from: https://​www.​europarl.​europa.​eu/​sides/​getDoc.​do?​pubRef=​-/​/​EP/​/​TEXT+MOTION+P5-RC-2002-0046+0+DOC+XML+V​0/​/​EN (Accessed on 8th December 2016).

Note from the author: Escape aid can also be understood as helping somebody to escape from a prison.

Purschke and Die [52].

Veigel [72].

Note from the author:

Steiger, von Eduard (1942): On 30th August 1942, the Swiss Federal Councillor Steiger gave a speech at a Christian brass music festival in Hürlikon. Under the banner of “Your Master Jesus,” he tried to justify the disputed refugee policy during the Second World War. He said: “Whoever has to command a heavily occupied small rescue boat, … thousands of victims of a ship disaster are crying for salvation, must be hard when he cannot take it all in. Yet he is still human when he warns at times of false hopes and at least tries to save those who have already been taken.” From: “Target Switzerland—The Geneva Border in the Second World War” by Claude Torracinta and Bernard Romy, SF/DRS 2002 (3sat, 2nd September, 2002).

Häsler, Alfred (1980): “The boat is full” is the filming of a novel by the Swiss writer Häsler by director Imhoof from 1980. In 1942, six persons succeeded in escaping from Nazi-Germany to neutral Switzerland. Shortly thereafter, the then government decides to tighten up the conditions for the reception of refugees and their legal recognition and thus protection against deportation, and in this case even to certain death. Despite the support of the local population to grant the refugee refugees respect for the human dignity, those people of the group who were subjected to racist persecution during the Nazi regime were sent back by the Swiss authorities and handed over to their slaughterers. In contrast, the ‘politically persecuted’ of this group were allowed to remain in Switzerland.

Kleinschmidt [39].

Bachstein [5].

Note from the author: Stand 5th January 2015.

Note from the author: Lampedusa is the largest Italian island of the group of the Pelican Islands in the Mediterranean between Tunisia and Sicily. The island belongs to the municipality of Lampedusa e Linosa in the Italian province of Agrigento.

FAZ [25].

Binelli Mantelli [6].

Die [13].

Ministeria dell Difensa–Mare Nostrum Operation [44].

The Guardian [61].

Frontex Joint Operation ‘Triton’ [31]: Frontex has finalised all preparations for the launch of Joint Operation Triton on 1st November 2014. With a monthly budget of EUR 2,9 million the agency will coordinate the deployment of three open sea patrol vessels, two coastal patrol vessels, two coastal patrol boats, two aircraft, and one helicopter in the Central Mediterranean. Available from: https://​frontex.​europa.​eu/​news/​frontex-launches-joint-operation-triton-JSYpL7. (Accessed on 11th December 2016).

Cooper [10].

European Commission [18]: Frontex Joint Operation ‘Triton’—Concerted efforts to manage migration in the Central Mediterranean. As from 1st November 2014, the Frontex coordinated joint operation ‘Triton’ started its activity in the Central Mediterranean in support of the Italian efforts. Available from: https://​europa.​eu/​rapid/​press-release_​MEMO-14-566_​en.​htm (Accessed on 11th December 2016).

The Economist [62].

Die [14].

Schattenberg, Susanne [56].

FAZ [26]

Euractiv.de [17].

Ibid.

Ibid.

Note from the author: Stand 31st January 2015.

Arens [1].

Pauly [51].

Federal Ministry of Interior Austria [30].

Parliament of the Federal Republic of Germany [50].

BAMF [2].

Parliament of the Federal Republic of Germany [50].