EU immigration policies have incrementally evolved from a purely intergovernmental to a deeply integrated EU policy area. In practice, EU immigration policies and EU secondary legislation still leave significant discretion to the Member States, as witnessed by key developments in the various subfields of immigration policies—including policies on border protection, return and irregular migration, as well as labor migration and family migration policies. The key academic debates on EU immigration policies have mainly focused on explaining the decision-making processes behind the adoption of EU policies as well as their impact on national policies. While scholars find that these EU policies have led to liberalizations in the areas of family migration or labor migration, the irregular migration and border policies of the EU have gradually produced more restrictive outcomes. Policy liberalizations are usually based on the impact of EU institutions, which tend to have more liberal positions than Member States. Lowest common denominator output at the EU level, such as on the Blue Card Directive, is usually due to a resistance of individual Member States. With deeper integration of the policy area over time and qualified majority voting, however, resistant minorities have been increasingly outvoted. The stronger politicization of some areas of immigration, such as family migration, has also led the European Commission to curb its legislative proposals, as it would be much harder to adopt a piece of legislation today (2019) that provides adequate protection standards.
Natascha Zaun and Christof Roos
Fifteen years ago Malta joined the European Union (EU) and four years later in 2008 it joined the Economic and Monetary Union. Throughout this period its economy performed exceptionally well, to the extent that it managed to escape the worse ravages of the Great Recession. In general, the majority of the Maltese people support EU membership. Rapid economic growth has produced a general “feel good” sentiment, which is not, however, shared by everyone. The Maltese political system has been dominated for many years by two parties, the Partit Nazzjonalista and the Labour Party, the only ones to elect candidates to the national parliament since 1966. In 2003, the Labour Party, which had opposed EU membership for many years, changed its policy. This brought the curtain down on parliamentary Euroscepticism in the country. In the meantime, economic success has meant that populist small parties have not been able to gain much traction with the electorate, and the established political parties were not dethroned by populist upsurge as happened in most of the rest of southern Europe. Growth has not led only to benefits, however. The construction sector is putting pressure to bear on scarce land resources, and the influx of foreign labor and a growing demand for housing have inflated rents and housing prices, often beyond the reach of lower income households. Unemployment stands at a low 3.8%, but more people are close to the poverty line. Malta is failing on some of the national targets of the Europe 2020 strategy. These challenges will have to be watched more closely in the years to come should this rate of growth be maintained.
Lesbian, gay, bisexual, trans, and queer (LGBTQ) migration is significantly understudied in the field of political science. The discipline has historically siloed the study of minority communities into different subcategories that have very little intellectual crossover. LGBTQ experiences are mostly absent in scholarship on migration, while scholarship on LGBTQ people tends to focus on white lesbian and gay citizens. As a result, there is a gap in political science scholarship when it comes to intersectionally marginalized people like LGBTQ immigrants. However, there is a burgeoning, interdisciplinary field that examines the politics of queer migration and spans a multitude of humanities and social science fields, including ethnic studies, American studies, history, anthropology, and sociology. Like other humanities and social science fields, political science scholars should engage more directly with the interdisciplinary study of queer migration politics. Queer migration research encompasses overlapping subject areas that include studies on migration and gender and sexuality norms; queer complicities and migration; and queer migration and political movement formation. Scholars who study the politics of queer migration analyze how anti-normative sexualities and gender identities are constituted through migration processes and institutions. Thus, queer migration politics research is a sprawling field with studies that range from critiques that reveal how contemporary queer asylum seekers are marginalized and criminalized by the immigration state apparatus to historical studies that contemplate the formation of anti-normative identities in 19th-century Gold Rush migrations. Political science research can more actively engage in this area of interdisciplinary study by bringing queer migration studies concepts like homonationalism and homonormativity into transnational and comparative politics research, by expanding scholarship on prisons and mass incarceration to include the experiences of queer and trans migrants of color in immigration detention, and by examining how queer complicities are at work in LGBTQ social movement politics.
In a seemingly virtual era, maritime commerce and shipping retain a central role in contemporary global capitalism. Approximately 90% of global imports and exports currently travel by sea on around 93,000 merchant vessels, carrying almost 6 billion tons of cargo. Oceanic mobility and long-distance networks of trade are made possible and sustained by the life and labor of over 1.25 million seafarers currently working at sea as well as regimes of global security and governance. Yet, this oceanic world and its role in shaping politics, sociality, and regulation remains, for the most part, obscured and hidden out of sight in everyday life. As one of the oldest perils at sea, maritime piracy is not only a daily threat to seafaring and global shipping but makes visible this oceanic world and the larger networks of security and regulation that govern maritime commerce. In recent years, coastal Africa, specifically the waters off the coast of Somalia and the Gulf of Guinea, has seen an unprecedented rise in incidents of maritime piracy. The geopolitical and global trade importance of these areas has led to numerous national, regional, and international military and legal responses to combat this problem. While often seen as a seaborne symptom of failed states or criminality, maritime piracy has a more complex relationship with land- and sea-based governance. Occurring primarily in spaces that are politically fragmented but reasonably stable maritime piracy is better understood as a practice of extraction and claim making on mobility that emerges from deeper historical contexts and is linked to land-based economies and politics. Emphasizing maritime piracy in the Horn of Africa and the Gulf of Guinea within these wider historical and geographic contexts highlights the imbrication of the political and economic in shaping the emergence and transformations of this practice. This is not to deny the violence that constitutes maritime piracy, but to locate piracy within larger processes of mobility, governance, and political economy on the African continent and beyond. In addition to impacting local communities, seafarers, and global shipping, maritime piracy is key to apprehending challenges to global governance from the vantage point of the world’s oceans.
Florian Trauner and Ariadna Ripoll Servent
Justice and home affairs (JHA) is one of the most salient policy fields at European Union (EU) level. It deals with issues closely related to the sovereignty of member states including immigration, borders, and internal security. This article takes stock of the policy’s development and current academic debates. It argues that EU justice and home affairs is at a crossroads. Most EU actors underline the value added of European cooperation to tackle transnational threats such as terrorism and organized crime as well as the challenge of international migration. Indeed, the EU has increased its operational cooperation, data-sharing and legislative activities. The EU home affairs agencies, notably the European Police Office (Europol) and European Border and Coast Guard Agency (Frontex), have been substantially empowered. Yet JHA has also become a playing field for those attempting to politicize the European integration process. Therefore, recent years have seen major conflicts emerge that risk fragmenting the EU. These include controversies over the distribution of asylum seekers within the EU and the upholding of rule of law standards in some Eastern European states. Scholars have followed these developments with interest, contributing to a multifaceted and rich literature on aspects such as the dynamics of EU decision-making and the policy’s impact on the member states’ respect for fundamental rights and civil liberties. Promising avenues of further research include the implications of the politicization of the field and the consequences of ever more interconnected internal security databases and technologies.
The question of membership and belonging is widely recognized to have been at the root of many political crises in Africa since independence. The legal frameworks for citizenship were largely inherited from the colonial powers and still show strong affinities across colonial legal traditions. However, most African states have enacted significant amendments to citizenship laws since independence, as they have grappled with issues of membership, aiming to include or exclude certain groups. Substantive provisions have diverged significantly in several countries from the original template. African states have shared global trends toward gender equality and acceptance of dual citizenship. In relation to acquisition of citizenship based on birth in the territory (jus soli) or based on descent (jus sanguinis), there has been less convergence. In all countries, naturalization is inaccessible to all but a few. Manipulation of citizenship law for political purposes has been common, as political opponents have at times been accused of being non-citizens as a way of excluding them from office, or groups of people have been denied recognition of citizenship as a means of disenfranchisement. Moreover, even in states where a substantial proportion of residents lack identity documents, it seems that the rules on citizenship established by law have themselves had an impact on political developments. The citizenship status of many thousands of people living in different countries across Africa remains unclear, in a context where many citizens and non-citizens lack any identity documentation that records their citizenship. The content of the law is arguably therefore less influential than in some other regions. A rapid development in identification systems and the increasing requirement to show identity documents to access services, however, is likely to increase the importance of citizenship law. In response to these challenges, the African continental institutions have developed, through standard setting and in decisions on individual cases, a continental normative framework that both borrows from and leads international law in the same field.