Tunisia’s Role in the EU External Migration Policy: Crimmigration Law, Illegal Practices, and Their Impact on Human Rights

This chapter analyses the tools used as part of EU migration policy and argues that these are very much focused on control which has negative implications for the human rights of migrants. The EU's current status as a major international player in migration governance has become only possible after the development of the relevant competences on migration and asylum. The original Treaty of Rome included no provisions on migration other than those ushering in the free movement of workers among EU Member States. Today, the free movement of EU Member State nationals has been incorporated into the notion of EU citizenship which does not create a new and separate bond of nationality between the EU and the citizen, but refers to a collection of rights, duties, and political participation stemming from EU law. While the notion of migration covers both immigration and emigration, the chapter focuses on the laws and policies regulating immigration into the EU and briefly touches upon third country nationals' (TCNs) rights of residence and movement within the EU.

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The Role of Third Countries in EU Migration Policy: The Mobility Partnerships

European Journal of Migration and Law ◽

10.1163/15718166-12342015 ◽

2012 ◽

Vol 14 (4) ◽

pp. 393-415 ◽

Cited By ~ 11

Author(s):

Natasja Reslow

Keyword(s):

Eastern Europe ◽

Migration Policy ◽

Policy Outcomes ◽

Cape Verdean ◽

Policy Initiatives ◽

The Third ◽

Policy Proposals ◽

External Migration ◽

The Eu

Abstract Third countries are actors in EU external migration policy, not merely passive recipients of policy proposals. In order to understand policy outcomes, it is necessary to understand why third countries decide to participate (or not) in EU migration policy initiatives. The conditionality model provides an explanation which focuses on the domestic preferences of and processes in the third countries. In 2007, the EU introduced the Mobility Partnerships. These partnerships are intended to be the framework for migration relations between the EU and third countries in Eastern Europe and Africa. The Cape Verdean government decided to sign a Mobility Partnership because the benefits of this cooperation with the EU outweighed the costs. The Senegalese government refused to sign because the Mobility Partnership would have implied significant, unacceptable costs.

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Co-responsibility between countries of origin, transit and destination: Lessons from Spain’s experience with migration

European View ◽

10.1177/1781685818762061 ◽

2018 ◽

Vol 17 (1) ◽

pp. 66-73 ◽

Cited By ~ 1

Author(s):

Katharina Senge

Keyword(s):

Human Rights ◽

Subsequent Development ◽

Migration Policy ◽

Refugee Crisis ◽

Irregular Migration ◽

Migration Policies ◽

The Past ◽

Common Goals ◽

Human Rights Standards ◽

External Migration

This article gives an overview of Spain’s experience of regular and irregular migration in the past and of the subsequent development of the EU’s framework for external migration policies. It argues for a realistic rather than ideological approach that involves co-responsibility between countries of origin, transit and destination, in compliance with human rights standards. Co-responsibility means a system in which migrants’ countries of origin, transit and destination share the burden of dealing with both regular and irregular migration whenever possible. Such a system is sometimes characterised by long and difficult discussions and negotiations to define common goals and balance interests in the spirit of a partnership of equals. This article first tackles immigration in Spain, with an emphasis on the 2006 Spanish refugee crisis or the ‘Cayucos crisis’. It then looks at EU migration policy, before recommending ways of improving it.

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THE RIGHTS AND DUTIES OF THE DETAINED PERSONS

Latgale National Economy Research ◽

10.17770/lner2011vol1.3.1802 ◽

2011 ◽

Vol 1 (3) ◽

pp. 7

Author(s):

Iveta Adijāne

Keyword(s):

Human Rights ◽

Illegal Immigration ◽

Migration Policy ◽

The Other ◽

Member States ◽

Eu Member States ◽

Entry Regulations ◽

The Eu

The recent incidents in the EU prove the fact that the problem of prevention of illegal immigration exists and becomes more and more urgent. The number of detained foreigners increases and enrages the whole EU migration policy. However, we cannot speak only about the security of the EU member states, on the other side of the problem there are foreigners, who due to different reasons have broken residence and entry regulations. And the most important here we have to remember about is the human rights of the detained foreigners. It does not matter where and when somebody is, no one can infringe his or her rights, which according to the definite normative acts should be respected and recognised by all control institutions. At the same time foreigners have to respect our laws, which define their duties. Latvia still gets in touch with the problems connected with both applying foreigners’ rights and providing fulfilment of duties.

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EU migration policy and human rights

The European Union and Human Rights ◽

10.1093/oso/9780198814191.003.0020 ◽

2020 ◽

pp. 438-456

Author(s):

Elina Pirjatanniemi ◽

Maija Mustaniemi-Laakso

Keyword(s):

Human Rights ◽

Migration Policy ◽

Reform Process ◽

Member States ◽

Human Rights Protection ◽

Rights Protection ◽

Solid Foundation ◽

Current Reform ◽

The Common ◽

The Eu

This chapter presents some of the tensions in the objectives and rationales between the fields of immigration control and human rights protection in the current EU migration policies. As it stands today, the common EU policy on asylum appears to struggle to find a solid foundation and solutions in regard of both solidarity among the different EU states and the effective realisation of human rights. The focus on securitisation and policies of non-entrée in the EU asylum structures together with a lack of solidarity among Member States have contributed to a situation where the protection of refugees has in many ways had to give way to strategic considerations of migration management. With this background, the chapter addresses the current reform process of the joint EU asylum system as an opening to opt for an approach that more coherently recognises the human rights obligations that the EU and its Member States owe to asylum seekers and migrants.

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A Knowledge-base for the EU External Migration Policy

Bridging the Gaps ◽

10.1093/oso/9780198834557.003.0012 ◽

2019 ◽

pp. 189-203

Author(s):

Agnieszka Weinar

Keyword(s):

Knowledge Base ◽

Policy Making ◽

Migration Policy ◽

The European Union ◽

Policy Makers ◽

The Relationship ◽

European University ◽

External Migration ◽

Funding Research ◽

The Eu

Since the early 2000s, the European Union (EU) has been gradually developing its external migration policy, the Global Approach to Migration. In support of the policy, the EU has been funding research that contributes to a knowledge-base on migration issues outside of its borders. This chapter discusses the experiences of the Consortium for Applied Research on International Migration (CARIM) Observatories at the European University Institute (EUI), one of the central knowledge-brokers funded by the European Commission between 2004 and 2013. The research produced by the Observatories was primarily to serve the European policy-makers but, in the spirit of the EU partnership, they were also intended to benefit the partner countries. The success of the Observatories was possible thanks to a complex net of arrangements and multilateral adjustments. The chapter explores the pathways to that success and provides the insights and lessons for consideration regarding the relationship between research and policy-making in an international context.

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EU “Mobility” Partnerships: An Initial Assessment of Implementation Dynamics

Politics and Governance ◽

10.17645/pag.v3i2.398 ◽

2015 ◽

Vol 3 (2) ◽

pp. 117-128 ◽

Cited By ~ 5

Author(s):

Natasja Reslow

Keyword(s):

Implementation Process ◽

Migration Policy ◽

Initial Assessment ◽

Future Research ◽

Policy Makers ◽

Implementation Processes ◽

Policy Priority ◽

Analytical Frameworks ◽

External Migration ◽

The Eu

Cooperation with non-EU countries is a central migration policy priority for the EU, and since 2008 eight Mobility Partnerships have been signed. Given the importance attached to this policy area, it is essential that policy-makers understand how EU external migration policy works in practice. However, the literature on the implementation of EU external migration policy is very limited. This article addresses this deficit, by conducting a conceptual assessment of implementation dynamics in the Mobility Partnerships. At this stage in the implementation process, it is not yet possible to assess whether the Mobility Partnerships have contributed to mobility, which is their stated aim. Instead, the literature on implementation is applied in a “backward” fashion, starting with the implementation dynamics at play. The article concludes that standard analytical frameworks for assessing implementation processes will need to be adapted for “new” policy tools featuring elements of flexibility or voluntary participation, in order to accurately capture implementation processes. Future research should adopt a critical, human rights-centred approach to the issue of implementation of EU external migration policy.

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Migration Policy of the European Union From the Perspectives of Turks in the EU Countries and Syrian Immigrants in Turkey

Handbook of Research on Social and Economic Development in the European Union - Advances in Finance, Accounting, and Economics ◽

10.4018/978-1-7998-1188-6.ch028 ◽

2020 ◽

pp. 475-499

Author(s):

Serkan Ökten ◽

Azize Ökten

Keyword(s):

European Union ◽

Human Rights ◽

Literature Review ◽

Migration Policy ◽

Cultural Integration ◽

The European Union ◽

The Social ◽

Resource Collection ◽

Border Policy ◽

The Eu

This chapter deals with the adventure of Turkish workers' upcoming 60th year in the Europe and EU's cooperation with Turkey at the wave of immigration based on civil war in Syria to Europe, in accordance with the immigration policy of the European Union. In this context, the question of how the European Union's human rights and freedoms-based rhetoric and its practices on the basis of protectionist border policy are conforming will be answered. In this study, literature review and resource collection are used by evaluating the available resources. As a result, the European Union's human rights and freedom-based rhetoric against the threat of disrupting its own order and welfare is only consistent with the integration of qualified migrants who will provide the workforce that is compatible and in need. However, a rising, prejudiced phenomenon reaching Islamophobia and xenophobia emerged at the social and political framework that is against the immigrants who cannot achieve cultural integration.

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Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

Sociology and Law ◽

10.35854/2219-6242-2020-4-92-97 ◽

2020 ◽

pp. 92-97

Author(s):

A. V. Kuznetsov

Keyword(s):

European Union ◽

Human Rights ◽

Comparative Analysis ◽

International Law ◽

The European Union ◽

Eu Countries ◽

European Union Countries ◽

Legal Restrictions ◽

Restrictive Measures ◽

The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

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