Johnson, Linda Rose
(2001)
Obstacles to free movement for "visible minorities" in the EU: Race discrimination and migration controls.
MPhil thesis, London School of Economics and Political Science.
Abstract
Freedom of movement of people, one of the founding pillars of the European Community, has developed beyond the purely economic activity of the Treaty of Rome 1957 but it is still not easily accessible for all people working and residing within it. The right of free movement has been linked to nationality and the problems for ''visible minorities" in the EU have been the subject of much controversy and discussion. The dismantling of internal borders has resulted in strengthening of external borders and a "Fortress Europe " mentality. The governments of the EU have been accused of inciting racial hatred by creating a climate in which race discrimination has thrived. Laws on race discrimination presently differ throughout the EU. Discrimination in employment on grounds of race is effectively an obstacle to free movement for "visible minorities " as the individuals may be discouraged from moving to a country where they will receive little or no protection from race discrimination. As immigration laws are often used as a means of combating racism, immigration law will also be examined EU immigration policy including asylum seekers and refugees, has evolved through semi-secret discussions and has been created in a climate of fear and hostility towards foreigners and visible minorities in particular. It has therefore tended to be prohibitive creating further obstacles to free movement. The Treaty of Amsterdam 1997 enables "appropriate action" to combat discrimination based on racial or ethnic origin and also moved competence on asylum and immigration into the Community law arena. The Commission issued a package of proposals for combating discrimination to the social affairs Council in November 1999 and these will form the basis for further discussions. As the proposals require a unanimous vote, it is likely that some compromises will be reached before legislation is eventually enacted. This paper examines the history of EU legal competence in the area of race and migration and how far freedom of movement for visible minorities, both EU and third country nationals, is hampered by the obstacles of racism and immigration, asylum and refugee policies. It will also explore what EU laws on race and migration should contain to fully realise freedom of movement for all, adopting a social justice model and focusing in particular on the UK's response to such issues. This thesis argues that the lack of effective EU wide race discrimination laws and draconian national immigration laws are a breach of human rights, obstacles to free movement of people and contrary to the spirit of free movement of people enshrined in the Treaty of Rome.
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