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This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.
Der vorliegende Band geht zurück auf eine internationale Summer School zum Migrations-, Asyl- und Flüchtlingsrecht in Barcelona. Im Sinne eines intergenerationellen wissenschaftlichen Austausches kommen Studierende, Nachwuchswissenschaftler*innen und arrivierte Expertinnen ins disziplinübergreifende Gespräch zu migrationsrechtlichen respektive migrationspolitischen Grundsatzfragen, die seit der Flüchtlingsschutzkrise des Jahres 2015 virulenter denn je geworden sind. Europa-, menschen- und völkerrechtliche Aspekte werden um nationalstaatliche Perspektiven aus Belgien, Bulgarien, der Bundesrepublik Deutschland, Italien, Spanien, der Türkei und dem Vereinigten Königreich ergänzt. Mit Beiträgen von Claudia Candelmo, Carmine Conte, Francisco Javier Donaire Villa, Arolda Elbasani, Leonard Amaru Feil, Francesco Luigi Gatta, Chad Heimrich, Markus Kotzur, Annalisa Morticelli, David Moya, Claudia Pretto, Andrea Romano, David Fernandez Rojo, Senada Šelo Šabić, Valentina Savazzi, Ülkü Sezgi Sözen und Catharina Ziebritzki.
This collective volume draws on the themes of intersectionality and overlapping policy universes to examine and evaluate the shifting functions, frames and multiple actors and instruments of an ongoing and revitalized cooperation in EU external migration and asylum policies with third states. The contributions are based on problem-driven research and seek to develop bottom-up, policy-oriented solutions, while taking into account global, EU-based and local perspectives, and the shifting universes of EU migration, border and asylum policies. In 15 chapters, we explore the multifaceted dimensions of the EU external migration policy and its evolution in the post-crisis, geopolitical environment of the Global Compacts.
This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction. As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States’ action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation. This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law. Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER. Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.
Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a ‘home.’ Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU’s pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.
This volume offers a coherent analysis of the European Union’s security strategies within a comparative framework. If the EU is to survive and prosper as an effective security actor, it requires that greater attention be devoted to taking a cohesive and common position on the relationship between EU foreign policy means and goals. The major claim of this edited collection is that there is a European grand security strategy that disciplines member state security strategies. That grand strategy has two distinct substantive goals: (1) the preservation and expansion of the EU system of security governance; and (2) the implementation of specific strategies to meet internal and external threats and sources of insecurity. The EU has sought to develop a grand security strategy that not only accounts for the proliferation of threats possessing a military or non-military character and differentiates between core and peripheral regions of interest, but also addresses the requirements to bridge the increasingly blurred boundary between internal and external security threats and the necessary reconciliation of the competing security preferences of its member states. The empirical contributions to this volume examine the EU security strategies for specific issue areas and regional threat complexes. These case studies assess whether and how those strategies have consolidated or expanded the EU system of security governance, as well as their successes and limitations in meeting the security threats confronting the EU and its member-states. This volume will be of great interest to students of EU policy, foreign policy, security studies and IR.
Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, ‘Defining Statelessness’, features chapters exploring conceptual issues in the definition of statelessness. The second, ‘Living Statelessness’, uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. ‘Theorising Statelessness’, the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.
This book explores the external dimension of the ambitious EU policy on human trafficking. Through this policy the EU institutions and Member States promote the eradication of human trafficking and support, to that end, cooperation with their partners, being third States or international organisations. Analysing the unilateral and multilateral mechanisms the EU uses to achieve these aims, the book questions whether the EU's external response to human trafficking addresses it in all its dimensions, and whether it does so in a coherent way. As a case study, the book explores the cooperation of the EU with countries of the Western Balkans, which constitutes a specific unilateral mechanism. The analysis of the multilateral mechanisms covers the cooperation of the EU with key international and regional organisations combating human trafficking, including but not limited to the Council of Europe or the United Nations Office on Drugs and Crime. The book also examines the impact of the evolution of migration flows and the increasing reliance of military tools on the EU's response to human trafficking.
This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships’ projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.
Since its approval by the European Parliament in 2001, The European Code of Good Administrative Behaviour has become a vital instrument for putting the principle of good administration into practice. It helps individual citizens to understand and obtain their rights, and promotes the public interest in an open, efficient, and independent European administration. The Code helps citizens to know what administrative standards they are entitled to expect from the EU institutions. It also serves as a useful guide for civil servants in their relations with the public. By making the principle of good administration more concrete, the Code helps to encourage the highest standards of administration.