00:00Welcome to a new episode of the podcast Integration or Re-Immigration.
00:04I am lawyer Fabio Lo Cerbo and I practice immigration law in Italy.
00:10In this episode we examine a concept that is increasingly present in European debates, remigration.
00:17However, the real issue is not the term itself, but the problem it attempts to address,
00:22and whether it offers a legally sustainable solution.
00:25We must begin with a clear premise.
00:27The European model of immigration management is not merely under pressure,
00:32it is facing a structural crisis, and this crisis is often misunderstood,
00:37particularly when viewed from outside the European legal context.
00:41The central issue is not simply border control or the scale of arrivals.
00:46The real weakness lies in what happens after entry,
00:49the capacity of legal systems to structure, assess and govern integration over time.
00:55For decades, European migration policies have been shaped by an essentially economic assumption.
01:02Migrants have been viewed primarily as labour, contributors to the workforce,
01:07a response to demographic challenges, or a means of supporting economic growth.
01:12Within this framework, integration has been treated as secondary,
01:17often assumed to follow automatically from employment.
01:20This assumption has proven inadequate.
01:23Employment alone does not generate integration,
01:26and where integration is not legally structured, it does not occur spontaneously.
01:31The social tensions now observable across several European countries
01:35are not primarily the result of migration itself,
01:38but of the failure to govern integration processes effectively.
01:42This is particularly evident in relation to second-generation individuals.
01:46People born or raised in Europe, formerly part of society,
01:51yet in many cases lacking full linguistic, cultural and normative integration.
01:56It is here that the most significant fracture emerges.
02:00The fundamental mistake of the current model has been to treat integration as a natural process.
02:06It is not.
02:07Integration is a legal, social and institutional objective
02:12that requires clear rules, measurable criteria,
02:15and enforceable consequences where those criteria are not met.
02:19It is precisely from this recognition that the paradigm of integration or re-immigration has been developed.
02:26This is not a political slogan but a legal framework.
02:30Its core principle is straightforward.
02:32The right to remain cannot be entirely detached from the duty
02:36to integrate into the legal and social order of the host state.
02:40Integration thus becomes the central selective criterion.
02:44At this point, the distinction from remigration becomes essential.
02:49Remigration, as articulated in certain strands of the European,
02:53particularly German, debate, is primarily a political construct.
02:58It tends to operate through broad categories
03:00and may extend to individuals who are lawfully present or partially integrated.
03:05From a legal standpoint, this raises serious concerns,
03:09particularly in relation to proportionality, due process,
03:13and the protection of fundamental rights.
03:16The paradigm of integration or re-immigration, by contrast,
03:20proceeds on an entirely different basis.
03:22It does not challenge the presence of individuals as such.
03:26Instead, it conditions long-term residents
03:29on an objective and verifiable parameter,
03:32the level of integration achieved.
03:34This is not a generalised expulsion model
03:37but a selective and rule-based system.
03:40Re-immigration within this framework is not a blanket policy.
03:43It is the legal consequence of failing to meet minimum integration standards.
03:48It is individualised, grounded in case-by-case assessment,
03:52and operates within the rule of law.
03:54The decisive question, however, is implementation.
03:57The first axis concerns what Italian law defines as complementary protection.
04:03Although currently treated as a residual mechanism,
04:06it already contains the legal elements necessary for an integration-based system.
04:12Under Article 19 of the Italian Immigration Act,
04:16factors such as social integration, employment stability,
04:19and family ties are already considered.
04:22These criteria can be systematised and elevated
04:26to become the primary legal basis for residents.
04:29The second axis concerns the integration agreement.
04:33At present, it functions largely as a formal requirement.
04:36It must instead be transformed into a binding legal instrument
04:40structured around measurable indicators,
04:43language proficiency, employment, and compliance with legal norms.
04:48Integration cannot be presumed.
04:50It must be assessed.
04:51The third axis concerns enforcement.
04:54Any system that conditions residents on integration
04:57must also be capable of implementing return decisions effectively.
05:02This requires not only adequate infrastructure,
05:05but also specialised institutional capacity,
05:08such as a dedicated immigration enforcement body
05:11with clearly defined powers.
05:14Without enforcement, the law loses credibility.
05:16The paradigm of integration or re-immigration is therefore based on a clear equilibrium,
05:22inclusion for those who integrate, return for those who do not.
05:26This is not an ideological proposition.
05:29It is an attempt to restore coherence to a system that,
05:32in its current form, risks generating precisely the tensions it seeks to manage.
05:37The real choice is not between openness and restriction.
05:40The real choice is between a disordered system and a regulated one.
05:44And today, more than ever, the time for ambiguity has passed.
05:48See you in the next episode.
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