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Temporary Protection Directive: Testing New Frontiers? 临时保护指令:测试新领域?
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2023-03-07 DOI: 10.1163/15718166-12340142
E. Küçük
{"title":"Temporary Protection Directive: Testing New Frontiers?","authors":"E. Küçük","doi":"10.1163/15718166-12340142","DOIUrl":"https://doi.org/10.1163/15718166-12340142","url":null,"abstract":"\u0000The activation of the Temporary Protection Directive has been considered a manifestation of solidarity towards refugees that enhances responsibility sharing between the Member States and is, therefore, perceived as a positive development. Focusing on the specific case of Ukrainian refugees, this paper explores the possible implications of the Temporary Protection Directive from the perspective of asylum solidarity. The purpose of the article is twofold. First, to dispel the assumption that the activation of the Directive is a positive step forward in addressing the Ukraine refugee incidence and challenge the presumed benefits of the Directive in terms of asylum solidarity. Second, the article seeks to explore how the detrimental effects of temporary protection can be mitigated both in the short and long term. It proposes possible solutions to prevent a regression in refugee protection standards through temporary protection and examines how a free choice model can be integrated to remedy some of the shortcomings of the current emergency management system.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41724367","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
The EU’s Informal Readmission Agreements with Third Countries on Migration: Effectiveness over Principles? 欧盟与第三国关于移民问题的非正式重新接纳协议：效力高于原则？
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2023-03-07 DOI: 10.1163/15718166-12340145
Elsa Fernando-Gonzalo
{"title":"The EU’s Informal Readmission Agreements with Third Countries on Migration: Effectiveness over Principles?","authors":"Elsa Fernando-Gonzalo","doi":"10.1163/15718166-12340145","DOIUrl":"https://doi.org/10.1163/15718166-12340145","url":null,"abstract":"\u0000Achieving faster and effective returns of irregular migrants is one of the priorities on the Pact on Migration and Asylum proposed by the European Commission. The Commission links the effectiveness of return to the enforcement of return decisions, which, although limited as an analytical benchmark, show that only 30% of return decisions are successful. To improve this ratio, the EU has recently resorted to informal readmission agreements or arrangements with third countries. Through these instruments, the process for binding international agreements established in the Treaties is bypassed. This type of non-binding instrument, generally covered under the ‘soft law’ label, generates major problems for the core principles of the EU legal order of institutional balance, judicial control, and transparency. The aim of this article is to analyse how these acts affect the three main principles of the legal system in the search for a more effective readmission policy using two case studies as the arrangements with Afghanistan and Bangladesh. The article concludes that the avoidance of the three principles does not result in a higher rate of returns.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44922752","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 Recast EU Blue Card Directive: Towards a Level Playing Field to Attract Highly Qualified Migrant Talent to Work in the EU? 欧盟蓝牌指令：建立一个公平的竞争环境，吸引高素质的移民人才到欧盟工作？
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2022-12-09 DOI: 10.1163/15718166-12340138
Tesseltje de Lange, Zvezda Vankova
{"title":"The Recast EU Blue Card Directive: Towards a Level Playing Field to Attract Highly Qualified Migrant Talent to Work in the EU?","authors":"Tesseltje de Lange, Zvezda Vankova","doi":"10.1163/15718166-12340138","DOIUrl":"https://doi.org/10.1163/15718166-12340138","url":null,"abstract":"\u0000This article discusses the recast Blue Card Directive (BCD) on the admission of highly qualified non-EU migrant workers. The recast Directive aims to facilitate employers in their demand of non-EU talent and enhances migrant workers’ rights. As this article demonstrates, challenges remain in view of the prerogative of Member States to maintain national schemes and benefit from wide discretion. We conclude that if Member States implement the recast restrictively, the recast BCD could be an example of ‘failing forward’, a next step in a continuous process failing to achieve the Commissions’ ambitions of harmonizing EU migration law. Yet, by engaging in a novel legislative approach which we coin ‘encapsulating harmonisation’ of EU and national migration law, the Commission manages to enhance the level playing field aimed for, especially on improving migrant workers’ rights. Whether the Recast BCD will indeed attract more highly qualified migrants to work in the EU, however, will depend on Member States’ implementation and their use of the discretion afforded by the BCD.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49260967","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
The European Pact on Migration and Asylum: Border Containment and Frontline States 《欧洲移民和庇护公约:边境遏制和前线国家》
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2022-12-09 DOI: 10.1163/15718166-12340137
Joana Abrisketa Uriarte
{"title":"The European Pact on Migration and Asylum: Border Containment and Frontline States","authors":"Joana Abrisketa Uriarte","doi":"10.1163/15718166-12340137","DOIUrl":"https://doi.org/10.1163/15718166-12340137","url":null,"abstract":"\u0000The New Pact on Migration and Asylum contains two pieces of proposed legislation which raise several concerns. A closer look at the Proposal for a Screening Regulation and the Proposal for Crisis and Force Majeure Regulation reveals that the frontline States are obliged to become border guards in an exacerbated way. The legislation is excessively technical and unrelated to the capacities of the affected States and, as such, will be difficult, if not impossible, for frontline States to implement. The primary argument of this article is that the mechanisms of the New Pact that are intended to contain the arrival of migrants and to level the imbalances caused by the geographical location of the EU Member states with external borders will actually allow the derogation of migrants’ rights and will hardly compensate for the special circumstances faced by frontline EU States. Instead of balancing the burdens of migration among Member States, the weight will be disproportionately borne by the very States the legislations propose to relieve.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42379016","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 EU Returns Agency: The Commissions’ Ambitious Plans and Their Human Rights Implications 欧盟遣返机构：委员会雄心勃勃的计划及其对人权的影响
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2022-12-09 DOI: 10.1163/15718166-12340140
M. Gkliati
{"title":"The EU Returns Agency: The Commissions’ Ambitious Plans and Their Human Rights Implications","authors":"M. Gkliati","doi":"10.1163/15718166-12340140","DOIUrl":"https://doi.org/10.1163/15718166-12340140","url":null,"abstract":"\u0000The effective return of irregularly staying migrants is identified as an overriding objective in the New Pact on Migration and Asylum, while return operations are the fastest-growing activity of Frontex. Since the 2019 amendment of its Regulation, the agency has received a significant augmentation of its mandate and capacity in pre-return and return-related activities. This way, Frontex takes a centre-stage role in the Commission’s plan to intensify returns. This article fills the relevant gap in existing literature, updating our knowledge on the latest legislative developments in EU return operations and answering questions related to their human rights implications at a time when the scrutiny over Frontex is at its peak. The article discusses the human rights risks of these operations and the effectiveness of the available safeguards. This article is the product mainly of legal doctrinal research, i.e. the analysis of the relevant EU law and legal literature, along with civil society and institutional reports and other empirical documentation. At the same time, it also looks at quantitative data on the agency’s return activities from 2004 until 2019.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47665431","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
On ‘Safety’ and EU Externalization of Borders: 关于“安全”和欧盟边界外部化：
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2022-12-09 DOI: 10.1163/15718166-12340141
Mariagiulia Giuffré, Chiara Denaro, Fatma Raâch
{"title":"On ‘Safety’ and EU Externalization of Borders:","authors":"Mariagiulia Giuffré, Chiara Denaro, Fatma Raâch","doi":"10.1163/15718166-12340141","DOIUrl":"https://doi.org/10.1163/15718166-12340141","url":null,"abstract":"\u0000This article questions whether Tunisia – a country of departure, transit and destination of migrants and refugees, and a key interlocutor in EU externalization and readmission policies – can be considered a “safe country of origin” for Tunisian nationals and a “safe third country” for foreigners in search of protection. In discussing the rapidly evolving domestic legal and political system and the treatment of minorities, vulnerable groups, and refugees in Tunisia, this article adopts a socio-legal perspective also relying on interviews with key stakeholders.\u0000Finally, it proposes a reflection on the main (conceptual and empirical) elements of continuity between the “safe country of origin” notion and the “safe third country” one, by highlighting their deep relationship, how they may mutually influence each other, and the need to reconnect various perspectives on safety, avoiding reproducing Eurocentric analytic approaches, interpretations, and narratives.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41520870","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
Integration (of Immigrants) in the European Union: A Controversial Concept 欧盟(移民)融合:一个有争议的概念
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2022-12-09 DOI: 10.1163/15718166-12340139
Matteo Bottero
{"title":"Integration (of Immigrants) in the European Union: A Controversial Concept","authors":"Matteo Bottero","doi":"10.1163/15718166-12340139","DOIUrl":"https://doi.org/10.1163/15718166-12340139","url":null,"abstract":"\u0000Integration is one of the major challenges posed to the European Union by the immigration of third-country nationals. And it is even more so in view of the mass influx of displaced persons stemming from the Russian military invasion of Ukraine. This article discusses the controversial concept of (immigrant) integration underpinned by the current EU legal and policy framework. It argues that, on the one hand, the concept of integration resulting from instruments of primary and secondary EU legislation, soft law and policy is inspired by the respect for fundamental rights and prohibition of discrimination. On the other hand, it stresses that the EU action mainly aims at preserving Member States’ sovereignty over immigration. The resulting EU normative framework for integration, including the newly adopted EU Blue Card Directive and the extension of temporary protection for Ukrainian refugees, allows and encourages the strategic selection of the most socio-economically and culturally desirable immigrants.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44046469","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
Protecting the Borders from the Outside 保护边界不受外界影响
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2022-09-12 DOI: 10.1163/15718166-12340132
Laura Letourneux
{"title":"Protecting the Borders from the Outside","authors":"Laura Letourneux","doi":"10.1163/15718166-12340132","DOIUrl":"https://doi.org/10.1163/15718166-12340132","url":null,"abstract":"\u0000 Regulation (EU) 2016/1624 enables Frontex to launch operations in the territory of third countries. Accordingly, status agreements between the EU and the Western Balkan countries as well as Moldova have been concluded. This article provides an in-depth analysis of these instruments. As this article will demonstrate, the conclusion of the status agreements constitutes an improvement, in comparison with the instruments of cooperation already in place. Yet, their implementation could lead to human rights violations. The status agreements provide that the team members sent by Frontex act under the instructions of the host state. Consequently, the third state would incur the prime responsibility for human rights violations committed by these border guards. This transfer of authority has not been stemmed from a transfer of jurisdiction over acts committed by the members of the team: rather they are entitled to immunity for all acts committed during their official functions.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43786368","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
The Protection of Displaced Persons from Ukraine in Portugal 在葡萄牙保护来自乌克兰的流离失所者
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2022-09-12 DOI: 10.1163/15718166-12340131
Constança Urbano de Sousa
{"title":"The Protection of Displaced Persons from Ukraine in Portugal","authors":"Constança Urbano de Sousa","doi":"10.1163/15718166-12340131","DOIUrl":"https://doi.org/10.1163/15718166-12340131","url":null,"abstract":"\u0000 The war in Ukraine has caused a massive influx of people seeking protection in the European Union and has led to the activation, for the first time, of the Temporary Protection Directive. Although this influx mainly affects neighbouring countries, such as Poland and Romania, Portugal triggered, as early as 1 March 2022, the national temporary protection regime, thus granting immediate protection to people who were arriving because of the war. This article analyses this temporary protection regime, as well as the measures adopted to allow the rapid integration of those displaced persons, such as simplifying the recognition of professional qualifications, essential for their access to the labour market. Being special measures that only benefit citizens affected by the war in Ukraine, their compatibility with the constitutional principle of equality is questioned, as other foreigners equally affected by war and violation of human rights are excluded.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49079383","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
From Rights to Collective Action. A Way Out of Labour Exploitation 从权利到集体行动。摆脱劳动剥削的出路
IF 1 3区 社会学
European Journal of Migration and Law Pub Date : 2022-09-12 DOI: 10.1163/15718166-12340134
V. Protopapa
{"title":"From Rights to Collective Action. A Way Out of Labour Exploitation","authors":"V. Protopapa","doi":"10.1163/15718166-12340134","DOIUrl":"https://doi.org/10.1163/15718166-12340134","url":null,"abstract":"\u0000 This article critically assesses the criminal law approach to labour exploitation and challenges the assumption that its limited effectiveness depends on the hesitation and unwillingness of migrant workers to collaborate with competent authorities. It adopts a legal mobilisation approach to explore how law and litigation can effectively play a role in fighting labour exploitation. It does so by focusing on the experience of collective mobilisation of migrant farmworkers in the Agro Pontino in Italy. In accordance with the findings emerging from the case study, the article makes an attempt at rethinking strategies for fighting labour exploitation in Europe, based on the needs and expectations of exploited workers as described in the 2019 FRA Report on labour exploitation. It proposes therefore an exercise of “legal imagination” that aims to identify under EU law the provisions that would allow to translate these needs and expectations into legal claims.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44960809","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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