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Europeanisation, National Identities and Migration ... - europeanization

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234 Judit Tóth <strong>and</strong> Endre Sik<br />

100<br />

80<br />

percentages<br />

60<br />

40<br />

20<br />

very good<br />

good<br />

bad<br />

very bad<br />

0<br />

From the<br />

EU, 1999<br />

From the<br />

EU, 2000<br />

To the<br />

EU, 1999<br />

To the<br />

EU, 2000<br />

Figure 12.4 The expectation regarding the social effects of migration in the course of EU<br />

accession (%).<br />

Source: TÁRKI, Omnibus, 1999, 2000.<br />

agreements <strong>and</strong> visa restrictions, have been introduced, consecutively or in parallel,<br />

precisely over a period in which the numbers of irregular migrants are fluctuating<br />

<strong>and</strong> those of asylum applicants are stable. It means that there is no statistical or<br />

economic evidence during the 1990s which could directly justify these restrictions<br />

against aliens, that characterise all migrants as probable enemies or potential<br />

criminals or at least abusive persons (Tóth 2001a).<br />

In this context the restrictive elements of legal <strong>and</strong> institutional control over<br />

border crossings, preconditions of entry <strong>and</strong> residence of all foreigners have been<br />

regulated as follows:<br />

• refoulement, the detention of aliens denied the right to enter or to reside in the<br />

country;<br />

• stringent rules on residence authorisation <strong>and</strong> expulsion;<br />

• a set of readmission agreements that provide for chain-deportation;<br />

• asylum procedures <strong>and</strong> the detention of illegal migrants as applicants utilising<br />

the procedure in the case of manifestly unfounded requests, adoption of the ‘safe<br />

country’ principle;<br />

• introduction of ‘tolerated migrant’ <strong>and</strong> ‘temporary protection’ categories;<br />

• restrictions on the acquisition of citizenship;<br />

• reduced stability of settled migrants (withdrawal of ‘green card’, their<br />

expulsion).<br />

All of these devices to combat cl<strong>and</strong>estine migration <strong>and</strong> applicants abusing the<br />

system were imported <strong>and</strong> did not come from the public law tradition of Hungary<br />

(Tóth 2001b). Moreover, citizens of Hungary, considered as third country nationals<br />

in European Community law, have been subjected to almost all of these restrictive<br />

<strong>and</strong> preventive legal <strong>and</strong> administrative instruments, while Hungary has introduced<br />

the same measures in parallel against foreigners arriving from <strong>and</strong> out of its own<br />

region.

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