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Office for Refugee Policy Briefing
Catholic Bishops' Conference

A brief history of migration in the European Union (EU)
From the Treaty of Rome to the European Convention

1. The Treaty of Rome 1957
After WWII several factors combined to push Western Europe towards unity viz. the need for
reconstruction while preventing another war, fear of the Soviet Union and the awareness of
America's might, to name but a few. In March 1957, the European Community (EC) was
established. The shortages of labour during that time fuelled the "recruitment" of foreign labour,
first from south and south-east Europe and subsequently from the former colonies. Even as
the "immigrant component" of labour was growing in the EC, nothing in the Treaty of Rome
provided for their protection. The Treaty allowed "free movement of economic agents" of the
Member States, but not people in the general. The presence of Third Country Nationals (TCN's)
living legitimately in the European Community was ignored. However, the Treaty left the door
open for closer co-operation on migration between Member States.

2. Single European Act 1987
During the 30 year period (1957-87), with Marshall Aid Europe redeveloped, the welfare state
was constructed and full employment established. But as a result of decolonisation and the rise
of the Cold War, migratory patterns in the world changed. The process of primary immigration
to fill labour shortages in the EC was halted in most Member States by 1975. Some Member
States allowed family reunion of migrant workers to continue. The provisions of the Single
European Act (SEA) were predominantly geared towards achieving the Single Market. Once
again there was very little attention paid to migration issues, including a refusal to grant legal
status to the 8m TCN's in the EC. However, the SEA established the four freedoms i.e. by the
end of 1992 an internal market is to be established as "an area without frontiers in which the
free movement of goods, persons, services and capital is ensured". Meanwhile, pressure grew
from the European Commission and the European Parliament to include migration policy as part
of the construction of the European Community.

3. European Commission 'White Paper'
In 1985, the European Commission issued a 'White Paper on Immigration' establishing
procedures by which Member States could tackle the migration issue. The procedure was
called the "inter-governmental conference" i.e. bi-lateral and multilateral negotiations among
Member States removed from the interference of the European Parliament, the European
Commission and the European Courts of Justice.
As a result of the White Paper, a whole range of groups and working parties on migration
mushroomed in the EC: The TREVI Group (Terrorism, Revolution and Violence International
1985) and AHGl (Ad Hoc Group on Immigration 1986) were the two leading players on
migration. AHGl had five subgroups on external frontiers, expulsions, admissions, asylum and
visas. To oversee these groups there was the Group of Co-coordinators and the Committee of
Experts. These groups were made up of the interior or home affairs ministers, senior civil
servants, police and immigration/customs officers of Member States and they held their meeting
behind closed doors. Some of the policies that emanated from these discussions are: Carrier
Sanctions, the Dublin Convention, the External Borders Convention and the Safe Country
Concept.

4. Schengen Agreement 1986 (ratified 1990)
The Schengen Group was formed in 1985 by Germany, France and the Benelux countries to
plan an area without frontiers - given the delays in this respect at the Community level. What
began as a declaration of intent concerning the freedom of movement within the Schengen area
was turned into the most explicit political statement relating to the treatment of foreigners.
Issues such as a common border policy, unified Schengen visa, common internal controls,
expulsion policy and the Schengen Information System (data bank on foreigners) were agreed.
Whilst all Member States later signed the Schengen Agreement, the UK, Ireland and Denmark
opted out. The Schengen Agreement claimed a status as a "laboratory" destined to disappear
as its provisions gradually merged in with Community law.

5. Maastricht Treaty 1991
This Treaty was the most important single political and economic development in the history of
the EC. The Maastricht Treaty was designed to create "a closer Union among the peoples of
Europe". It set out a detailed timetable for economic and monetary union at the latest by 1999,
and provided for the development of a common foreign, defence and immigration policy. It also
provided for the division of "competencies" between those areas which were primarily Union
matters (dealt with by Institutions of the EU) and those which were inter-governmental
(negotiations between Member States). Whilst monetary, economic and social matters were
considered Union matters, foreign, defence, justice and home affairs were considered inter-
governmental matters. Immigration and asylum was an inter-governmental matter.

6. Amsterdam Treaty 1999
The Treaty of Amsterdam accorded EU institutions stronger powers to act on migration issues
and set a time frame of five years for the adoption of common policies in this area. The
European Council also agreed the formation of a High Level Working Group on Asylum and
Immigration and appointed a new Commissioner for Justice and Home Affairs to facilitate the
"harmonisation project". The Schengen Agreement was incorporated into the Treaty. The UK
and Denmark reserved the right to opt-out (or in) of agreements. Successive European
Councils, in particular the 1999 Tampere European Council, the 2001 Laeken European Council
and subsequent Ministerial Meetings have reconfirmed the commitments made under the
Amsterdam Treaty. The European Commission taking "the right of initiative" powers from the
Treaty, launched a series of legislative and other measures relating to migration. In can now be
argued that forty years on, despite Member States reluctance, a significant number of migration
issues have gradually moved under "the competence of the institutions of the European Union"
The Treaty lists six areas of migration policy on which minimum standards must be agreed, and
about which draft Directives, Regulations and Decisions are under consideration, if not agreed.
The Directives include minimum standards for granting of temporary protection, on minimum
standards for asylum procedures, minimum standards for reception of asylum seekers and
minimum standards for granting of refugee status and the Dublin 11 Regulation. Other
Regulations include EURODAC (data base on all asylum seekers) and the European Refugee
Fund (common funds for burden sharing) etc.

7. Conclusion
It is clear that policy debates on migration in the EU have shifted from the early days of filling
labour shortages and facilitating family reunion, to first restricting and then eliminating these
forms of migration and now to curbing irregular migration and deterring asylum seekers. The
current economic demands in the EU are once again leading to pressures to re-open legal
channels for high and semi-skilled workers. It is important to recognise that the economic
interests of the EU should not overshadow human rights and refugee protection concerns.
It is the view of the Office for Refugee Policy that migration policies must be designed in parallel
to, but separate from refugee policies. Refugee policy must remain firmly based on the
humanitarian principles embodied in the 1951 UN Convention on Refugees, the European
Convention on Human Rights and other International Human Rights Instruments.

John Joseet
Office for Refugee Policy
Catholic Bishops' Conference
15 April 2003