Freedom of Movement Restrictions: Coming to a European Country Near You

This week has brought some distressing news for fans of freedom of movement. 

German newspaper Süddeutsche Zeitung has published a report revealing that the German and French Ministers of the Interior are seeking to modify the Schengen Agreemment, the treaty that allows for passport and visa-free travel throughout most of the territory of the EU. According to the letter, they seek to reintroduce border controls for temporary periods of 30 days in order to "curb illegal immigration". This comes on the heels of some German admonishments of Greece in failing to protect its borders (instead opting for creepy immigrant round-ups that violate human rights) AND results of immigration surveys showing that many persons from Southern Europe and elsewhere continue to seek asylum in Western European countries.

Der Spiegel quotes sources speculating that this is all political posturing to appeal to far-right voters in time for the French election. But is it? Following Sarkozy's adventures in deporting Roma from France (which, as you'll recall, drew comparisons to Nazi Germany's deportations of persons on the basis of ethnic background) its not so clear that conservative politicians aren't willing to put their money where their mouth is and disregard Schengen.(Just look at Denmark!)

And while we have Germany and France promising not to let people out, we have Macedonia promising to keep certain kinds of people in. What kind of people, you ask? 

In 2011, the ERRC documented at least 10 cases in which Romani people were denied the right to exit the country at Macedonian border crossings to Bulgaria and Serbia. Border guards regularly stop Romani individuals who they believe may be seeking asylum abroad, denying them the right to leave the countries.

..You guessed it. The European Roma Rights Centre is calling on the Macedonian government to end discrimination against Roma people seeking to travel outside of their country. (Which, if I remember correctly, is a basic human right.) But this baseline discrimination might be just the beginning- the government has announced that it will introduce measures to prevent persons from leaving the country who have once claimed asylum in another state. This measure as well is more than likely to heavily target Roma.

Between Southern Europe cracking down on immigrant and refugee rights and making it harder to move north, and Northern European countries disregarding their own treaties for politically opportunistic reasons, we have a real problem in Europe right now. The question is, what do the citizens of Europe value more? Their freedom of movement, or their freedom from foreigners?

Germany and France Seek Reintroduction of Controls

Denmark: Points and Palestinians

Denmark's ousted Immigration Minister

For the last few weeks Denmark has been rocked by a political scandal featuring leaked documents, intrepid reporting, a shady minister and... stateless Palestinians?

That's right. Denmark, being a signatory to the 1961 Convention on the Reduction of Statelessness, is required to offer citizenship to children born in the country who would otherwise be stateless. On the contrary, it was recently revealed that a number (36, to be exact) of youngsters of Palestinian heritage had been rejected when they applied for citizenship- and that far more had never been informed about their right to become Danish.

Worse, it turns out that this human rights violation was more than just an oversight. The Immigration Minister, Birthe Hornbech, when questioned earlier in the month about her possible involvement, denied any prior knowledge of the mistake and claimed the rejections occurred under earlier administrations.  However, leaks soon made their way out that confirmed that Hornbech knew about the error- as far back as 2008- and failed to inform anyone. She even asked for and recieved legal advice that directly contradicted Denmark's procedure. Now, being forced to file a report at the prompting of a media investigation, Hornbech has been fired as the government tries to distance itself from her actions. But so long as its just an isolated incident, alls well that ends well, right?

Or, one could see this in the context of further worrying anti-immigrant developments that have been occurring in the country in the last year. For instance, in January the government announced a new point system that would make the country's already strict requirements for foreign spouses even tougher. It requires, among other things, that the Danish spouse put up a large sum of money, that both spouses be 24 years old, and that the foreign-born spouse pass a language and knowledge test. In other words, they are trying to make it extremely difficult for Danes to marry foreigners, and possibly violating the ECHR by interfering in the right to private and family life.

These developments are worrying, and are significant of a larger swing to the right throughout Europe. The question is, to what extent can countries' prior generous human rights commitments restrain them from making the temporarily popular decisions that violate them? Denmark would be a good case to watch.