New Migration needs a NEMP (a New European Migration Policy) and not (only) a German Einwanderungsgesetz

In almost all European countries there is a wide and growing gap between the goals of national immigration policy and its actual outcomes. The main reason for the failure of national migration policies is the loss of effective competence to control today’s migration flows on a national level. Once national governments had closed the front door of legal immigration more or less strictly, most of the entries to fortress Europe occurred through the side door (asylum seekers, refugees, family reunion) or through the back door (illegal immigrants). As a result, there is an increasing need for a common European migration policy. This paper outlines the framework of a NEMP - a New European Migration Policy. NEMP is a first step from national ad hoc regulations towards a more conceptual European migration strategy. The basic idea of NEMP is that it is not the entry or the movement of people from abroad that generates migration problems. Rather, it is “stay” and “work” that may become a controversial issue. Consequently, NEMP advocates a shift of the policy focus from the control of moves to the control of residence and especially control of the illegal activities of illegal foreign workers.