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This book fills a significant lacuna in our understanding of the refugee crisis by analyzing the dynamics that lie behind fifteen years of asylum policies in the European Union. It sheds light on why cooperation has led to reinforced refugee protection on paper but has failed to provide it in practice. Offering innovative empirical, theoretical and methodological research on this crucial topic, it argues that the different asylum systems and priorities of the various Member States explain the EU's lack of initiative in responding to this humanitarian emergency. The author demonstrates that the strong regulators of North-Western Europe have used their powerful bargaining positions to shape EU asylum policies decisively, which has allowed them to impose their will on Member States in South-Eastern Europe. These latter countries, having barely made a mark on EU policies, are now facing significant difficulties in implementing them. The EU will only identify potential solutions to the crisis, the author concludes, when it takes these disparities into account and establishes a functioning common refugee policy. This novel work will appeal to students and scholars of politics, immigration and asylum in the EU.
Recently, global and European migration in the post-Cold War world have received much attention. This edited collection is a comprehensive, up-to-date account of the social policies of European welfare states towards refugees and asylum seekers. It also examines the contested boundaries between refugees and asylum seekers and citizenship within European nation states and the European Union.
This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.
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.
Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.
An unprecedented number of people is currently on the move seeking refuge in Europe. Large parts of European societies respond with anxiety and mistrust to the influx of people. Nationalist, anti-migrant parties from Slovakia over Germany to the UK have gained increasing support among the electorate and challenge the political mainstream. Europe is struggling how to respond. While the search for solutions is ongoing one pattern seems to be emerging: Fortress Europe is in the making. Unfortunately, few of these discussions and measures consider the structural root causes and dynamics of migration, the motives of migrants or societal challenges more thoroughly. This book seeks to address this deficit. Taking migration and asylum policies as a starting point, it analyses the various dimensions underpinning migration. In doing so, it identifies why receiving countries are in many ways part of the problem. To eschew an overtly Euro-centric perspective and stimulate a debate between science and politics, it contains contributions by academics and practitioners alike from both shores of the Mediterranean.
This open access book describes how the numerous arrivals of asylum seekers since 2015 shaped reception and integration processes in Europe. It addresses the structuration of asylum and reception systems, and spaces and places of reception on European, national, regional and local level. It also analyses perceptions and discourses on asylum and refugees, their evolvement and the consequences for policy development. Furthermore, it examines practices and policy developments in the field of refugee reception and integration. The volume shows and explains a variety of refugee reception and integration strategies and practices as specific outcome of multilevel governance processes in Europe. By addressing and contextualizing those multiple experiences of asylum seeker reception, the book is a valuable contribution to the literature on migration and integration, societal development and political culture in Europe.
"Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the 'second phase' of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States"--Unedited summary from book cover.
Perception and representation of newcomers and immigrants The topic of migration has become particularly contentious in national and international debates. Media have a discernable impact on overall societal attitudes towards this phenomenon. Polls show time and again that immigration is one of the most important issues occupying people’s minds. This book examines the dynamic interplay between media representations of migrants and refugees on the one hand and the governmental and societal (re)actions to these on the other. Largely focusing on Belgium and Sweden, this collection of interdisciplinary research essays attempts to unravel the determinants of people’s preferences regarding migration policy, expectations towards newcomers, and economic, humanitarian and cultural concerns about immigration’s effect on the majority population’s life. Whilst migrants and refugees remain voiceless and highly underrepresented in the legacy media, this volume allows their voices to be heard. Contributors: Leen d’Haenens (KU Leuven), Willem Joris (KU Leuven), Paul Puschmann (KU Leuven/Radboud University Nijmegen), Ebba Sundin (Halmstad University), David De Coninck (KU Leuven), Rozane De Cock (KU Leuven), Valériane Mistiaen (Université libre de Bruxelles), Lutgard Lams (KU Leuven), Stefan Mertens (KU Leuven), Olivier Standaert (UC Louvain), Hanne Vandenberghe (KU Leuven), Koen Matthijs (KU Leuven), Kevin Smets (Vrije Universiteit Brussel), Jacinthe Mazzocchetti (UC Louvain), Lorraine Gerstmans (UC Louvain), Lien Mostmans (Vrije Universiteit Brussel), and François Heinderyckx (Université libre de Bruxelles) Ebook available in Open Access. This publication is GPRC-labeled (Guaranteed Peer-Reviewed Content). With thanks to the funding provided by Belspo (Belgian Science Policy Office), as part of the framework programme BRAIN-be (Belgian Research Action Through Interdisciplinary Networks), contract nr BR/165/A4/IM2MEDIATE.
International migration is one of the most controversial political topics today which demands innovative approaches of global and regional governance. The book provides a fresh theoretical framework to understand European responses to the international migration of people and explains the dynamics of Germany’s migration and refugee policy during the last two decades. Against traditional theories and their inherent focus on the national political sphere, the book highlights supranational and multi-level political processes as increasingly important factors to account for national policy changes. Confronted with the most recent developments of international migration, the study offers students and practitioners the necessary background to participate in today’s debates.