Fortress Europe or spillover? : immigration politics and policy at the European level

Although the evolution of a unified Europe has been unsteady, the immigration policies of member states have nonetheless become increasingly harmonized in recent years. This harmonization has not been without its controversies, however, and is characterized by two inter-linked political disputes that have shaped the progress achieved thus far. The first dispute area is the exclusion of Europe's legally-resident third country nationals (TCNs) from the privileges of intra-EU free movement, contrary to the inclusionist arguments of the European Commission and Parliament. The second dispute area is the political struggle between advocates of intergovernmental decision-making structures, which are not subject to EU law or institutional control, and the advocates of full (supranational) EU competence over policy. Two hypotheses are contrasted to examine these disputes: (1) the "Fortress Europe" hypothesis, which foresees the continuation of exclusionism and intergovernmentalism; and (2) the "spillover" hypothesis, which predicts the inclusion of TCNs through the EU's central institutions eventually winning full competence over policy. It is concluded that although exclusionism continues to hold the upper hand, recent victories for supranationalism have confirmed the optimism of the spillover hypothesis