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ILLEGAL MIGRATION AND THE MIGRATION PHENOMENON AT THE FRONTIERS OF ROMANIA.

1. Introduction

The migration represents the movement of some large groups of individuals from their origin country towards other countries, as well as the consequences they produce at cultural, social, demographic and economic level.

The migration can be done legally or illegally, the migrants using different ways of leaving their origin country, as well as of crossing different states or of entering and establishing in the destination countries.

From legal point of view, the migration can represent (Stoica, 2014: 88) the practical expression of the human tendency towards a better life and comfort which has evolved in the modern period by stating the lawful right named "the right to free circulation" of persons.

According to its manifestation in connection to the state borders, it is distinguished an internal migration--achieved within a state and an external migration--that involves the movement from the origin state or from where the respective person resides to another state, in order to settle temporarily or definitively.

In Romania, the migration phenomenon came into prominence after 1989 and has evolved according to the transformations registered in the economic area--by entering into the economy market--from political and social point of view. Unfortunately, opening the EU member states' frontiers, ensuring the free movement, the freedom of services and goods exchange and information exchange, have favored the amplitude of the organized crime and terrorism phenomena, which have enlarged the action areas and the criminal organizations have improved their methods of action and training for their members. At the same time, the precarious conditions from some states and the world crises have generated an increase of the illegal migration form, which is considered as the most dynamic element of the organized crime (Cf. idem, 90). At present, it is noticed a new phenomenon represented by the transit illegal migration from Central and Eastern Europe towards the Western Europe and the involvement of the criminal organizations in the human trafficking.

Romania, by acquiring the attribute of being a EU member state, was compelled to reevaluate its Border Police institution and to take certain measures necessary for achieving the vertical relations of the activities performed in order to constitute some active and elastic structures which would be in accordance with the structure of the Romanian National Police and with the similar ones belonging to EU member states. At the same time, starting from January 1st, 2007, Romania has totally embraced the Community Acquis and it has been preoccupied by its evolution in Justice and Internal Affairs areas, dealing with problems like: illegal immigration, the control done at the borders, the traffic of drugs, the organized crime, money laundering, the cooperation in Police and judiciary areas, as well as mutual acknowledgement of judiciary decisions. Romania holds the Eastern border of the EU and this fact determines the preoccupation for the migration phenomenon, which, actually, represents another EU priority from political point of view. As EU border area, Romania deals both with legal and illegal migration and in what concerns the illegal migration forms, the direct, indirect and transit forms of illegal migration are met.

Reference to the legal migration, it does not pose any problems and usually, it is an economical one and it deals with legal movement of the labor force in the European states.

But there has to be a constant preoccupation at the level of our country and of the Romanian Border Police, in connection to the illegal migration forms, as Romania is located on the route towards Occidental Europe, where there are already shaped illegal migration routes which have the ability to adapt to all condition changes imposed by the concrete aspects which occur.

2. Factors that Favor the Illegal Migration and Its Effects for Romania

In order to protect its own citizens, the institutions with competency in fighting against illegal migration from our country have discovered the internal and external risk factors that influence, through their nature and activity, the security of the state and the values of democracy and which produce harmful consequences to the national interests. It was concluded that (Cf. idem, 220, and 221) the internal factors would be:

The abusive exercise of right, manifested by the abusive usage of the legislation regarding the statute of refugees in the illegal migration plan, by using the asylum institution and involving the coverage of three phases, namely:

1. The accession in Romania of those persons that act as organizers of the international networks of human trafficking, in order to settle the logistics of the networks in large urban areas (like Timisoara, Arad, Oradea, Bucharest, Constanta, Iasi) and drawing in few Romanian citizens in order to help to quickly transit the migrants groups.

2. Drawing in guides who are familiar with the border and the Romanian language and performing groups boarding on different transport means, mainly airplanes and trucks.

3. The actual illegal border crossing by the migration groups.

The lack of interest manifested by the representatives of authorities and administration towards the dangerous phenomenon of illegal migration, considering that it should be a concern only for the Internal Affairs Ministry as coercive force; this attitude leads to the fact that there are no measures to ensure the success of the fight against this phenomenon at European level.

In what concerns the external factors in the doctrine, they are the following:

1. Constant conflicts existing in the Middle East area, which generate the emergence of a large number of migrants towards industrialized geographic areas;

2. The extension of the migration phenomenon and of the refugees groups, the increase and development of the organized crime's own criminal networks, especially in what concerns illegal migration;

3. The economic crisis that occurred in many areas of the world--is also a factor that favors the increase and extension of the organized crime that exploits the migrant waves in order to transit some states or to remain on their territories, states among which there is also Romania.

4. The lack of interest of the origin countries against the migration of their own citizens.

3. The Illegal Migration at the Borders of Romania

For Romania, the illegal migration constitutes a somewhat new phenomenon, which has developed at the end of the communist regime. At present, it is considered that Romania will be included in the first two out of the three migratory waves (Cf. idem, 226-227), which are considered to be oriented towards the following destinations: U.S.A. and Canada (from Central and Latin America and from Asia); 2. Towards Europe (from North Africa, Asia, Eastern European ex-communist countries, Eurasia and Middle East); 3. Among the countries in development from areas like South America, Sub-Saharan Africa, Asia, Pacific region, Middle East, former communist states. Out of above, the last two involve our country too.

At present, it is observed an increase of the criminal activity of the trafficking groups that deal with the illegal crossing through Romania of some categories of emigrants collected from their origin states and transported to the West of Europe, as a rule on the route Singapore-Moscow-Chisinau.

In Romania, the preferred destinations of the immigrants are, in descending order: on first place Bucharest, Iasi, Timis., Cluj, followed by Nearmt, Satu-Mare, Caras.-Severin, Vaslui, Sibiu.

With the purpose of entering onto the territory of Romania of illegal emigrants, no matter their intent--to transit or to remain here--the means used are varied and more modern, out of which we can mention as examples (Rotaru, 2008: 33-34):

Usage of false or forged passports or visas;

The transit and collective entry visas were obtained for tourism, followed by the illegal stay in the country--this is the most used method;

Illegal entry in the country and acquiring the stay visa motivated by developing some economical activities, but actually the activities performed have an illegal character, being achieved under the cover of some front companies;

Usage of two sets of documents, respectively a valid passport when entering to Romania and a forged passport for leaving out the country, which belongs to a foreign holder, which has the right to stay in occidental counties;

The forgery of documents represents an illegal migration offence, the usage of forged documents (passports, visas, stay permits and work permits) giving big trouble to the border policepersons from the crossing points, especially since these forgery techniques have become more and more perfected.

Hiding in different international transport means--naval, by road, by railway--both for entering and leaving the country (procedure which many times resulted in the death of many persons before succeeding to enter in the desired country);

The illegal crossing of the state's border over the green strip, either by oneself, or with the help given especially by different guides who are usually persons that activate within some networks specialized in human trafficking and illegal migration (method which was used more often in the last years);

The arrival in Romania, by legal or illegal ways, the destruction of their own identity documents--at the disposal of the guides--and later on, obtaining some original passports, with visa for states from Western Europe, through some intermediaries from domestic or international networks, for an amount of money which is different from case to case, which they forge by replacing the photograph of the real holder with the one of the migrant;

Entering in the country with legal temporary business visas through a certain frontier point and later on, trying to leave the country illegally, during the time for which the respective visa was obtained, through another frontier point.

It is considered that the illegal migration phenomenon at the borders of Romania evolves, having the tendency to increase and to vary the criminal process, to gain an international character and to be better organized, conspired also with actions guaranteed by specialized organizations, as well as tendencies of expansion and connection with distinct offences that bring larger incomes (like drugs or human trafficking) and with offences with large expansion and with serious consequences within the population (like terrorist acts) (Stoian, 2013: 229). At the same with the dangerous phenomenon of the illegal migration, we mentioned that there are committed other offences connected to it, like: illegal crossing of the border with stolen vehicles and the smuggling of drugs and the raw materials necessary for producing them. The latter offences are done on dangerous and complicated routes, from the laboratories from Africa and Asia up to the consumers from the Occidental Europe. Through its geographical position, Romania is on the transit route for the drugs traffic, being distinguished two directions: one towards the western European countries and the second from Africa, through the Balkans ports, to the counties from the Occident. The identification in fact of such offences has evidenced in time the reality that a series of such illegal transports were made and protected by migrants that associated themselves with the drugs smugglers (Rotaru, 2008: 43-44). With the scope of financing this illegal migration phenomenon, it is considered that there will be made some connections between distinct criminal organizations, that it will be diminished the number of offences committed with violence and that it will increase the number of those that require an organized and detailed previous training for committing the deed, as well as technical equipment of latest generation.

The southern border of our country with Bulgaria is used in order to illegally enter or transit Iraqi, Iranians, Afghans and Pakistani, respectively citizens of Afro-Asian or Kurd origin, into Romania. At the South-East border, it is determined that there will be manifested forms of cross-border criminal behavior following to the intensification of the commerce by water and in the situation when the navigation between the Black Sea and the North Sea is done by crossing the European space.

The East and North-East borders have the statute of EU external borders, reason for which it has come into focus the fact that their security is of high importance. In what concerns the East border, it is determined a tendency of border illegal crossing from Afro-Asian citizens that are guided for this by persons from criminal organizations from the former C.S.I. states (Moldavians, Ukrainians and Russians). After Romania become part of the EU, it was noticed that the illegal migration phenomenon diminished at the East border of the country, especially in what concerns the Afro-Asian citizens who changed their route towards Moldova-Ukraine-Poland-Germany. At the North frontier with Ukraine, the illegal migration takes shape on one hand by performing the illegal human trafficking and on the other hand, by using this border for crossing illegally the Afro-Asian origin citizens and those from the former Soviet Union in Romania.

At the western border with Hungary, it is registered the beginning of illegal crossings of the border first by Afro-Asian citizens who entered the country through the East, North-East and North, as well as by Romanian citizens who mean to cross illegally on their way to the Occident. In the last period, the number of Moldavian citizens that try to leave Romania illegally through the West border towards EU member states has increased, using forged Romanian identity documents or Bulgarian passports, forged mainly by photo scan. At the South-Western border with Serbia, it is observed the transit of foreign immigrants towards Germany, Italy and Spain through former Yugoslav space and the human trafficking with women from the Romanian and former Soviet Union space.

At present, the Romanian authorities are confronted with the criminal actions of the Republic of Moldova citizens and with their illegal migration. They try to leave the country illegally at the border with Hungary and Serbia, or at the frontier points, by using false documents or visas, or by hiding in the transport means, towards EU member states.

All these realities bring into prominence the cooperation with the structures with competency in the borders' control, both in the interior of each distinct state, as well as between EU member states.

Romania, EU member state, has established a collaboration (Stoica, 2014: 272) between the Romanian Internal Affairs attache near the Embassy of Romanian in Budapest and the Hungarian authorities and between the Border Police and the officers from the Brigade of Countering Organized Criminality (B.C.C.O.A) Oradea and Cluj and those from the Independent Intelligence Service--Bihor, as they started a large operation that resulted in the scattering of an important Moldavian-Slovak migration network, for which Romania represented a transit route.

4. Conclusions on Migration, on the Possible Effects of the Illegal Migration into Romania and the Measures That Must Be Taken at EU Member States Level in Order to Diminish This Phenomenon

The illegal migration, if not managed efficiently, can have dramatic effects on the Romanian society and on all EU member states and it could cause an imbalance of the country, initially manifested by an increase in the inhabitants number, followed by a decrease of the living standard, by an extension of the illegal labor and by attacking the national economy to the advantage of underground economy and finally, by increasing the criminal phenomenon in the area, generated by decreasing the monetary resources necessary for a decent living.

In order to fight against this unfortunate phenomenon of illegal migration, Romania has issued a "National strategy on migration and the limitation of economical migration", a strategy considered as being the most adequate method in order to guarantee the national security and the security of the EU member states (National Strategy of Order and Public Safety 2015-2020, www.mai.gov.ro).

In order to cancel the illegal migration phenomenon from operative point of view, it is necessary a real international support by taking many legal, administrative, media and logistics measures; in their performance there are involved not only states, but also bodies and organizations that deal with illegal migrants, like: diplomatic or consular officers, the personnel from the border crossing points, transporters. There are necessary strategic plans of national and international politics and the development of the infrastructure necessary for the constant administration of migratory flows. Besides, following to the complex phenomenon of illegal migration, it was established at EU level to take certain measures for its increase and counteract (Rotaru, 2008: 42-46) (1985, 1990, entering to force since 1995), among which we mention the following:

There has been put the basis, at theoretical level, of a procedure regarding the foreigners' entry system, for harmonizing the positions of the member states and systematization of the required measures in order to determine an orderly, connected migration. For this, there were established as concerns: the elimination of the basic causes of the person's migration phenomenon and the fight against illegal migration. It was outlined a common vision for the migration basic mode which is the traffic of foreigners, vision that deals mainly with: authorized transit; obtaining, creation and usage of forged documents; abuse of valid documents; illegal employment; giving advice or means for issuing false requests towards authorities.

Following to the increase in the criminality rate and illegal migration, it was asserted the necessity of their prevention by the Border Police of the member states, by highlighting the state borders surveillance and control of the persons that cross them and by purchasing different means of discovering the eventual illegal migrants. Also, first of all, the communitarian policy regarding immigration must pursue the state borders' security, as well as taking some measures to limit granting visas, entering into collaborations with the migrants origin states and harmonization of the community policy in this area and establishing some specific measures for the states that have borders and which are at the same time EU external borders, like our country, with the purpose to avoid letting on the "shoulders" of these states the responsibility of all problems determined by the high number of illegal immigrants which try to enter into the EU common territory.

At present, the most important measures in migration area are represented by the Schengen Agreements (The European Institute from Romania, The migratory phenomenon from Romania's adhesion to UE point of view, Bucharest 2004, Http://beta.ier.ro) that have as purpose transposing into reality the principles regarding border crossing. The Convention implementing the Schengen Agreements was signed by 13 EU member states (except for Great Britain and Ireland) and by Norway and Island. Through the above mentioned convention, it was removed the control from the internal borders for all persons, no matter their nationality and at the same time, there have been taken measures for reinforcing the control at the external borders, like: common policy in visas area, cooperation and exchange of information between Police and Court institutions from the member states; at the external borders, the citizens of the Union can enter by simply presenting their ID, while the citizens of third countries do not require entry visa for Schengen space (in all these countries, the governments can require special entry visas, in case required). The countries from Central and Eastern Europe candidate to EU have benefited also from no visas in the last years, Romania obtaining this facility since the year 2002. At the same time, Schengen Information System (SIS) was constituted as a technical instrument, comprising and supplying information regarding granting visas and access to EU of some citizens from third countries, system which can be accessed only by the Police and by the authorities that ensure the border control, thus guarantying the cooperation between the border Police of the EU countries.

Among the measures Romania takes at present (Rotaru, 2008: 45) we mention a few, such as:

The continuous specialization and training of the border policepersons on the activity of fighting against illegal migration, discovery and arresting the guides and transporters;

Efficient usage of endowments obtained from PHARE funds and governmental guarantees.

We consider that other measures should be taken also, such as:

Diminishing the possibilities of using the money obtained from illicit activities;

Identifying, assessing and terminating the criminal organizations by convicting their members, and for this desideratum, choosing some ways to encourage the collaboration with the ones entitled to track and terminate the criminal organizations, like diminishing the legal liability of the members that become informants and collaborate with the authorities and using undercover agents with a high level of training;

The harmonization of the national legislation with the one of other member states which are evolved in this area;

Educating the population regarding the danger of migrants smuggling for the entire society.

REFERENCES

National Strategy of Order and Public Safety 2015-2020, www.mai.gov.ro

Rotaru, Cezar (2008), "Illegal migration," in Actual tendencies in migration and asylum area. A regional approach, Bucharest: C.H. Beck Publishing House, 33-34.

Stoian, Anca-Iulia (2013), "Considerations regarding the legal nature of the continued offence," Drumea, M. C., Paturet, A., and Ravitch, F. (eds.), The 3rd International Conference on Law and Social Order, Constantza, volume I, New York: Addleton Academic Publishers, 229-234.

Stoica, Anghel (2014), Illegal migration at the confluence with human trafficking, Bucharest: ProUniversitaria Publishing House.

The European Institute from Romania (2004), The migratory phenomenon from Romania's adhesion to UE point of view, Bucharest, http://beta.ier.ro

OANA GALATEANU

Oana. Galateanu@ugal.ro

"Dunarea de Jos" University of Galati
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Author:Galateanu, Oana
Publication:Contemporary Readings in Law and Social Justice
Geographic Code:4EXRO
Date:Jul 1, 2017
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