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2 Eur. J. Migration & L. 263 (2000)
Regularisation of Illegal Aliens in the European Union - Summary Report of a Comparative Study

handle is hein.journals/ejml2 and id is 273 raw text is: European Journal of Migration and Law 2: 263-308, 2000. 263 © 2001 Kluwer Law International. Printed in the Netherlands. Regularisation of Illegal Aliens in the European Union. Summary Report of a Comparative Study* JOANNA APAP, PHILIPPE DE BRUYCKER & CATHERINE SCHMITTER** 1. In Search of an Adequate Definition of The Notion of Regularisation Broadly speaking, regularisation is defined in legislation relating to aliens as the granting, on the part of the State, of a residence permit to a person of foreign nationality residing illegally within its territory. The key element in this definition lies in the fact that the right of residence is granted when the foreigner is already illegally within the territory of the State in question, and it is precisely this that establishes the illegality of the de facto situation to be regularised. The right of residence granted may be of limited or unlimited duration and, depending on the possibilities of renewing the right of resi- dence that may or may not be available, this factor can lead to the person in question eventually becoming illegal once more. The length of validity of the * This summary report covers eight member States of the European Union (Germany, Belgium, Spain, France, Greece, Italy, the Netherlands and the United Kingdom). The national reports on France (by Maitfna Poelemans and Sophie de S~ze) and Italy (by Bruno Nascim- bene) appear in this issue of the European Journal of Migration and Law. English versions of the national reports on the United Kingdom (by Elspeth Guild), the Netherlands (by Thomas Spijkerboer), Germany (by Kay Hailbronner), Spain (by Cristina Gortazar), Greece (by Achilles Skordas) and Denmark (by Jens Vedsted-Hansen) have appeared in Philippe de Bruycker (ed.): Regularisations of Illegal Immigrants in the European Union, Bruylant, Bruxelles 2000. In that volume, French versions of the national reports about Belgium (by Frfdfric Bernard), Portugal (by Constanca Dias Urbano de Sousa) and Luxembourg (by Sylvain Besch) have also appeared. This summary report, as well as the articles by Poele- mans and de Sze, and by Nascimbene, were previously published in French in the book Les regularisations des etrangers illegaux dans l'Union europenne/Regularisations of illegal immigrants in the European Union published by Bruylant in June 2000. We want to thank the European Commission for the translation and Bruylant editions for the kind authorization to publish it. Joanna Apap and Catherine Schmitter are researchers at the Free University of Brussels; Philippe de Bruycker is lecturer at the Free University of Brussels, and coordinator of the Odysseus Network for Legal Studies On Immigration and Asylum in Europe and coordinator of this study. They were assisted by Sophie de S~ze, trainee and postgraduate student and Catherine Ray, researcher.

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