Fortress Europe?

There are hopes -- and fears -- as France embarks on its six-month EU presidency to create ‘a more protective Europe’ for its citizens. On Monday, EU partners will get a first taste of this ‘protectionism’ when Paris presents its first major initiative, the ‘European Immigration Pact’.

Good timing

Designed to establish common rules on asylum, legal and illegal immigration, France intends to pull together pending proposals -- such as the EU Return Directive and the ‘Blue Card’ for attracting skilled migrants -- and introduce some new measures as part of this comprehensive package. It is no surprise that French President Nicolas Sarkozy has chosen immigration as his first major EU project:

• Rising anti-immigrant sentiment: Anti-immigrant sentiment is rising across Europe. This trend is likely to continue as the economic outlook worsens, prices go up and people start losing their jobs. This makes life difficult for any government, especially those that are already extremely unpopular (the UK or France) or face elections in the near future (Germany). Being seen to address voters’ concerns, even at the expense of non-voting citizens, may help boost popularity.
• Making the EU matter:  The same is true on an EU level. Given the renewed institutional paralysis following the Irish ‘No’ vote, the Union (at least its political elite) is keen demonstrate to its disaffected citizens that it is capable of action and willing to respond to citizens’ concerns.
• Friends on the inside:  The fact that a Frenchman, Jacques Barrot, has recently taken over the immigration portfolio in the European Commission will also ensure support for Paris’s plans. This will be important as Sarkozy has had a rather stormy relationship with the Commission.
• Convergence of opinion: Finally, last month’s relatively swift adoption of the EU Return Directive -- which establishes detention and deportation as routine tools of immigration control -- by member states and the European Parliament, suggests a general convergence of opinion on immigration issues.

Obstacles...

This suggests that proposals are likely to focus more on restrictive measures than on policies to facilitate legal migration to the EU. This may play well with domestic audiences, yet the EU risks damaging its image abroad. 

• Xenophobic? Latin American countries in particular have strongly criticised the Return Directive as ‘xenophobic’ and ‘discriminatory’. Although the policy was not aimed at Latin American illegal immigrants, they perceive it otherwise. The issue overshadowed last week’s Mercosur Summit. Last week, the Organisation of American States took the unusual step of adopting a resolution expressing concern over the measure and is now preparing a high-level delegation to the EU to discuss the implications of the directive.
• Spanish pressure: Spain, host of most of Latin American immigrants in the EU, has borne the brunt of Latin American anger, despite Madrid's efforts to water down the text. Madrid, which has long adopted a relatively liberal immigration policy (as a means to improve its demographics) and repeatedly offered mass regularisation of illegals, has in recent weeks tried to water down French ambitions. Due to Spanish pressure, Paris has now dropped plans for a compulsory ‘integration pact’ for immigrants and may abandon a proposal which would have banned mass regularisations in the EU.
• Diluting power: Finally, France might face some challenges convincing other EU partners -- particularly the United Kingdom and Germany -- that its plans are not going to establish a common EU immigration policy, as they remain reluctant to transfer new powers to the EU in this sensitive area.