Stratified rights and the management of migration: National distinctiveness in Europe

This article offers a comparative study of rights and controls with respect to migration, based on research in Germany, Britain and Italy. These three countries were chosen both for their differing histories and for their contrasting contemporary circumstances, as a means of identifying the problems which confront any attempt at harmonization. The analysis offers an approach midway between an exaggerated view of national closure and control, and an over-emphasis on the power of transnational rights. Focusing instead on stratified rights or ‘civic stratification’, the article examines the different legal statuses available to non-EEA migrants, and identifies key contrasts in the management of migration in each of the three countries studied. It offers a tentative typology to capture these contrasts, and reflects on their significance for a harmonized Europe.