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European Journal of Migration and Law最新文献

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Testing Turkey’s State Capacity: The Syrian Migration Crisis as Catalyst 考验土耳其的国家能力：叙利亚移民危机是催化剂
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2021-05-31 DOI: 10.1163/15718166-12340098
Kivanç Ulusoy
{"title":"Testing Turkey’s State Capacity: The Syrian Migration Crisis as Catalyst","authors":"Kivanç Ulusoy","doi":"10.1163/15718166-12340098","DOIUrl":"https://doi.org/10.1163/15718166-12340098","url":null,"abstract":"The exodus of around 5 million people from Syria has evolved into a transnational 'social question', requiring a transnational response. The latest Syrian assault on Idlib in February 2020, creating one of the worst humanitarian crises of this brutal civil war, brought this to the world's attention again. Highlighting the scale of this 'social question' on the Eve of a Covid-19 pandemic, it shows that displaced Syrians of Idlib had been trapped between the advancing Syrian regime and Russian troops. In response, Turkey, already hosting almost 3.5 million Syrians and closing its border in 2015 to prEvent a further influx, let refugees-Syrians and migrants from other countries-head for the EU. Aiming to cajole the EU into heeding its demands, Turkey linked this to its Syria cause. Once again, the latest crisis showed that Turkey had reached the limit of its capacity to absorb more Syrians. This paper deals with Turkey's response and alternatives for the most relevant stakeholder, the EU. © Koninklijke Brill NV, Leiden, 2021.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"23 1","pages":"152-175"},"PeriodicalIF":1.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46147019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Legislating without Evidence: The Recast of the EU Return Directive 无证据立法：欧盟回归指令回顾
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2021-05-31 DOI: 10.1163/15718166-12340096
I. Majcher, T. Strik
{"title":"Legislating without Evidence: The Recast of the EU Return Directive","authors":"I. Majcher, T. Strik","doi":"10.1163/15718166-12340096","DOIUrl":"https://doi.org/10.1163/15718166-12340096","url":null,"abstract":"\u0000The article discusses the recast of the EU Return Directive (2008/115/EC) from the perspective of effectiveness and fundamental rights protection, as two underlying objectives of the Directive. Relying on the implementation assessment of the Directive carried out by the European Parliamentary Research Service, the article analyses the way in which Member States have implemented the Directive and how this has impacted the effectiveness of the Directive. If adopted as proposed, will the recast strengthen or further undermine the effectiveness? The assessment focuses on return decision, voluntary departure, entry ban, and detention. It also looks at omissions in the recast proposal, namely a missed opportunity to remedy the current shortcomings as regards non-returnable people. As the article concludes, the recast proposal will hardly improve the effectiveness of return and may lead to violations of fundamental rights of people in an irregular situation.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"23 1","pages":"103-126"},"PeriodicalIF":1.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41750952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Silence Is Not (Always) Golden: A Criticism of the ECJ’s Approach towards Integration Conditions for Family Reunification 沉默并非(总是)金:对欧洲法院处理家庭团聚融合条件的批评
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2021-05-31 DOI: 10.1163/15718166-12340099
Sarah Ganty
{"title":"Silence Is Not (Always) Golden: A Criticism of the ECJ’s Approach towards Integration Conditions for Family Reunification","authors":"Sarah Ganty","doi":"10.1163/15718166-12340099","DOIUrl":"https://doi.org/10.1163/15718166-12340099","url":null,"abstract":"Over the past 20 years, integration duties imposed on third-country nationals have spread and become more rigid in EU Member States. They increasingly restrict the conditions for obtain-ing residence permits as well as the benefit of social rights. These integration conditions take on singular forms and raise particular issues in relation to the Association Agreement concluded between the European Union and Turkey, in particular with regard to so-called ‘stand-still clauses’. The present article begins from the A v. Udlaendinge-og Integrationsministeriet case and criticises the Court’s silence about the elephant in the room on the issue of integration conditions towards third-country nationals: racial and/or ethnic discrimination. The case is about an integration condition imposed by the Danish Government as a prerequisite for a ‘family reunion’ residence permit for the spouse of a Turkish worker: the spouses must prove that they have a stronger link with Denmark than with Turkey. The solution adopted by the Court of Justice in striking down this integration condition is not surprising. However, its reasoning suggests more tolerance – or even laxity – about the way the concept of integration is used by the Member States. This situation is problematic insofar as these integration conditions, the very principle of which is questionable per se, conceal increasingly discriminatory and exclusionary measures which the Court is reluctant to denounce, as opposed to the Euro-pean Court of Human Rights.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"23 1","pages":"176-201"},"PeriodicalIF":1.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47104404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Migration Policy and Migration Law Policy: A Comparative Analysis and Definition Issues 移民政策与移民法政策:比较分析与界定问题
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2021-04-01 DOI: 10.18572/2071-1182-2021-1-15-18
O. Sazonova
{"title":"Migration Policy and Migration Law Policy: A Comparative Analysis and Definition Issues","authors":"O. Sazonova","doi":"10.18572/2071-1182-2021-1-15-18","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-15-18","url":null,"abstract":"In article the comparative analysis of migration and migration-legal policy is carried out. In a chain of reasoning it is noted that there is a set of types and kinds of policy which have specific distinctive features. In end definitions of migration and migration-legal policy are formulated.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"251 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79935567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Organization of Illegal Migration (Art. 322.1 of the Criminal Code of the Russian Federation): Legislative Technique and Law Enforcement Issues 非法移徙组织(俄罗斯联邦刑法第322.1条):立法技术和执法问题
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2021-04-01 DOI: 10.18572/2071-1182-2021-1-33-35
N. Skripchenko
{"title":"Organization of Illegal Migration (Art. 322.1 of the Criminal Code of the Russian Federation): Legislative Technique and Law Enforcement Issues","authors":"N. Skripchenko","doi":"10.18572/2071-1182-2021-1-33-35","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-33-35","url":null,"abstract":"The legal analysis carried out shows that Art. 3221 of the Criminal Code of the Russian Federation essentially describes actions not to organize, but to facilitate illegal migration. The blurring of the boundaries between criminal (Art. 3221 of the Criminal Code of the Russian Federation) and administratively punishable (Part 3, Art. 18.9 of the Code of Administrative Offenses of the Russian Federation) leads to the fact that under similar actual circumstances the actions of the perpetrators are given a different legal assessment. The implementation of the new norm in practice not only revealed the flaws in the legislative structure, but also called into question the validity of the criminalization of actions related to the organization of illegal migration.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"5 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72954794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Role of Administrative Regulations of the Ministry of Internal Affairs of Russia on State Service Rendering in the Migration Sphere in the Modern Statutory Regulation of Migration Relationships 俄罗斯内务部关于移民领域国家服务提供的行政法规在现代移民关系法规中的作用
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2021-04-01 DOI: 10.18572/2071-1182-2021-1-19-21
O. Kataeva, Nadezhda V. Mulenko
{"title":"The Role of Administrative Regulations of the Ministry of Internal Affairs of Russia on State Service Rendering in the Migration Sphere in the Modern Statutory Regulation of Migration Relationships","authors":"O. Kataeva, Nadezhda V. Mulenko","doi":"10.18572/2071-1182-2021-1-19-21","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-19-21","url":null,"abstract":"The issues of accessibility and quality of the provision of public services in the field of migration are relevant for every citizen of modern society, as a result of which the improvement of this sphere of activity of the internal affairs bodies is one of the most important areas of increasing the efficiency of their functioning. The transfer of powers to the abolished federal migration service of the Ministry of Internal Affairs of Russia served as the starting point for the agency’s active rule-making activities aimed at legal regulation of a new area of activity related to migration relations. The result of this work was a significant number of administrative regulations of the Ministry of Internal Affairs of Russia for the provision of various kinds of state services in the field of migration. However, not all of the above existing administrative regulations today effectively fulfill their purpose, as a result of which their enforcement needs constant monitoring in order to timely eliminate existing shortcomings, such as the implementation of duplicate administrative actions, redundant functions, etc., which, in the end, may lead to a violation rights and legitimate interests of recipients of public services. In turn, the systematic work of the Ministry of Internal Affairs of Russia to improve the quality of the provision of public services in the field of migration will undoubtedly serve to increase public confidence and citizens’ support for the department’s activities. The authors of the article raise the actual problems arising in the implementation of the administrative regulations of the Ministry of Internal Affairs of Russia for the provision of public services in the field of migration, and suggest some ways to solve them.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"73 9","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72488058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Patent as a Basis for Labor Activities of Foreign Citizens in Russia 专利是外国公民在俄劳动活动的基础
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2021-04-01 DOI: 10.18572/2071-1182-2021-1-3-6
Olga V. Kurbatova, Lyubov L. Sakulina
{"title":"Patent as a Basis for Labor Activities of Foreign Citizens in Russia","authors":"Olga V. Kurbatova, Lyubov L. Sakulina","doi":"10.18572/2071-1182-2021-1-3-6","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-3-6","url":null,"abstract":"The article focuses on the permits required for foreign citizens to work in the Russian Federation. The procedure for labor activity by foreign citizens on the basis of a patent is disclosed. Particular attention is paid to the problems associated with the activities of migrant workers on the basis of a patent.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"22 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72661427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Human Trafficking: Qualification and Investigation Issues 人口贩运:资格和调查问题
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2021-04-01 DOI: 10.18572/2071-1182-2021-1-28-32
M. Makarenko, M. S. Shuvaeva, Yulia Gorlova
{"title":"Human Trafficking: Qualification and Investigation Issues","authors":"M. Makarenko, M. S. Shuvaeva, Yulia Gorlova","doi":"10.18572/2071-1182-2021-1-28-32","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-28-32","url":null,"abstract":"The crime under Art. 127.1 of the Criminal Code of the Russian Federation, it is difficult for a law enforcement officer to qualify this act due to the ambiguity of the interpretation of its constituent objective and subjective signs, as well as due to the lack of a uniform forensic methodology for investigating these actions. These circumstances directly affect the low efficiency of countering these crimes. Based on the analysis of scientific literature and law enforcement practice, the article examines some problematic issues of qualification and investigation of human trafficking, suggests ways of their optimal solution.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"12 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78320110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Migration Constituent Element of the Demographic Dynamics in the Development of Human Capital of the Modern Russia 近代俄罗斯人力资本发展中人口动态的移民构成因素
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2021-04-01 DOI: 10.18572/2071-1182-2021-1-11-14
Evgeniy S. Krasinets
{"title":"The Migration Constituent Element of the Demographic Dynamics in the Development of Human Capital of the Modern Russia","authors":"Evgeniy S. Krasinets","doi":"10.18572/2071-1182-2021-1-11-14","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-11-14","url":null,"abstract":"The article focuses on the problems of return migration of compatriots in conditions of COVID-19 pandemic and on the way out of it in the context of the implementing the Concept of the state migration policy of the Russian Federation for 2019-2025. The author assesses the opportunities and prospects of external migration to compensate for the natural decline in the demographic potential of Russia. It is shown that it is unrealistic to ensure the upward demographic dynamics of the country’s population in the coming years only by activating measures to increase the birth rate and reduce mortality. In solving this problem it is of great importance to implement those areas of migration policy that are associated with more active use of the remaining residual migration potential of a part of the Russian-speaking population in the post-Soviet space. The paper considers the current processes of resettlement from the countries of the near and far abroad, the estimates of which do not give grounds for too much optimism. The diagnostics of trends related to the implementation of the State program to assist voluntary resettlement of compatriots living abroad to the Russian Federation was carried out. The problematic components of including migrants to the economic and social structures of Russian society are identified and disclosed. The article substantiates the need to address a set of issues related to more active use of the remaining residual migration potential of Russian speaking communities abroad. Conclusions are drawn about the need to modernize the migration policy of the Russian state during and after the end of the active phase of the fight against coronavirus. Recommendations and measures proposed to improve the state migration policy in the field of resettlement of compatriots to their historical homeland are presented in this article.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"66 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88181475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Administrative Law Means of Combating Extremism in the Migration Sphere 行政法律:打击移民领域极端主义的手段
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2021-04-01 DOI: 10.18572/2071-1182-2021-1-36-38
A. Zubach, O. M. Doroshenko, Denis Yu. Kravtsov
{"title":"Administrative Law Means of Combating Extremism in the Migration Sphere","authors":"A. Zubach, O. M. Doroshenko, Denis Yu. Kravtsov","doi":"10.18572/2071-1182-2021-1-36-38","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-36-38","url":null,"abstract":"The article deals with the application of administrative and legal means of combating extremism in the field of migration. The analysis of the use of these tools, in relation to the law enforcement activities of subjects, carrying out control functions in the field of migration.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"230 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74860918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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