The EU Migration Crisis and the Human Rights Implications of the Externalisation of Border Control

2018 ◽  
pp. 135-166
Author(s):  
Mathilde Duhaâ
Keyword(s):  
Human Rights ◽  
Border Control ◽  
Migration Crisis ◽  
The Eu

The European Union and Human Rights

2020 ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Action Plan ◽  
Financial Economic ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Migration Crisis ◽  
Legislative Activities ◽  
The Eu

With the Treaty of Lisbon, the profile of human rights issues has greatly risen in relation to European Union (EU) policies, whether internal or external. The EU has made the commitment to ensure that all its actions are compliant with human rights, and to seek to promote them. Yet, the Union’s commitment has come under close scrutiny, not only for its groundbreaking character, but also because recent events have put it to the test. The EU has been faced with a number of crises such as the financial-economic crisis and the imposition of austerity measures, the migration crisis, and terrorist attacks. At the same time, the EU has made significant steps to implement its human rights commitment, such as through the binding character of the EU Charter of Fundamental Rights, the adoption of the Strategic Framework and Action Plan on human rights and democracy, and the adoption of human rights country strategies for a large number of third countries. This volume takes stock of these developments. It comprehensively discusses the conceptualisation and operationalisation of the EU’s commitment to human rights throughout its actions, legislative activities, policies, and relationships, and critically assesses them.

Outsourcing Hotspot Governance within the EU: Cultural Mediators as Humanitarian–Border Workers in Greece

2021 ◽  
Author(s):  
Aila Spathopoulou ◽  
Kirsi Pauliina Kallio ◽  
Jouni Hakli
Keyword(s):  
The Self ◽  
Border Control ◽  
Key Players ◽  
Cultural Mediators ◽  
Human Labor ◽  
Speed Up ◽  
Migration Crisis ◽  
Mediterranean Migration ◽  
Of Greece ◽  
The Eu

Abstract Responding to the self-declared “Mediterranean migration crisis” in 2015, the European Commission launched a Hotspot Approach to speed up the handling of incoming migrants in the “frontline states” of Greece and Italy. A key element in this operation is the identification of those eligible for asylum, which requires effective communication across cultural and linguistic difference between the asylum system and the migrants, facilitated by officially designated “cultural mediators.” We assess the hotspot governance as a form of outsourcing border control within the EU territory. Beyond sorting out and separating migrants into the categories of deservingness and undeservingness, we propose that the hotspot mechanism represents “governing by communication,” with cultural mediators as key players in this humanitarian–bordering strategy. A focus on how cultural mediators provide the precarious human labor for this governance, offers, we argue, a productive inroad into the ways in which the hotspot economies of deterrence, containment, and care sustain inequalities embedded in race, socioeconomic status, and citizenship.

The Migration Crisis and the European Union Border Regime

2019 ◽  
pp. 197-228 ◽  
Author(s):  
Bernard Ryan
Keyword(s):  
Legal Responsibility ◽  
State Sovereignty ◽  
Border Control ◽  
The European Union ◽  
Eu Member States ◽  
Migration Crisis ◽  
Border Controls ◽  
The Arab Spring ◽  
Control Regime ◽  
The Eu

This chapter is concerned with the various ways in which the migration crisis since the Arab Spring of 2011 has reshaped the reach of the EU border control regime. Within the EU framework, Frontex has acquired a greater role, while Schengen states have new powers to reintroduce internal border controls. In the external sphere, the EU now cooperates with a broader range of third states—Libya and Turkey most prominently—while developing more extensive forms of cooperation with them. The chapter will argue that this pattern—incremental internal changes and hyperactivity in the external sphere—is a product of intergovernmental constraints upon EU policy in a core area of member state sovereignty. The avoidance by EU Member States of legal responsibility for asylum applicants and other migrants is a further reason for the preference for externalization.

Recording and Identifying European Frontier Deaths

2011 ◽  
Vol 13 (2) ◽  
pp. 135-156 ◽  
Author(s):  
Stefanie Grant
Keyword(s):  
Human Rights ◽  
Border Control ◽  
Humanitarian Law ◽  
Policy Frameworks ◽  
National Border ◽  
Stockholm Programme ◽  
The Eu

AbstractMigrant deaths at EU maritime borders have more often been seen in the context of national border control, than in terms of migrant protection and human rights. The 2009 Stockholm Programme accepted the need for action to avoid tragedies at sea, and to ‘record’ and ‘identify’ migrants trying to reach the EU. But it did not specify how this should be done. There are parallels between these migrant deaths, and deaths which occur in conflict and humanitarian disaster. The principles of human rights and humanitarian law which apply in these situations should be developed to create legal and policy frameworks for use in the case of migrants who are missing or who die on EU sea frontiers. The purpose would be to enable evidence of identity to be preserved, to protect the rights of families to know the fate of their relatives, and to create common national and international procedures.

scholarly journals Migration crisis versus the control of the borderlines within the European Union

2019 ◽  
pp. 159-174
Author(s):  
Tomasz Marcinkowski
Keyword(s):  
European Union ◽  
Border Control ◽  
The European Union ◽  
Integration Process ◽  
Freedom Of Movement ◽  
National Surveys ◽  
Legal Problems ◽  
Degree Of Acceptance ◽  
Migration Crisis ◽  
The Eu

Freedom of movement is one of the basic achievements and effects of the European integration process. Benefiting from this freedom has become an important experience for millions of the Europeans. Crisis phenomena, mainly related to the migration breakdown, revealed institutional and legal problems and had an impact on public opinion. The sense of threat and political and organizational difficulties led to the decision to reinstate control on the internal borders in many places in the EU. As it appears from nationwide surveys, there is also acceptance in Poland of such activities. Research conducted on the Polish-German borderland indicates that also the inhabitants of these areas support such decisions, but the degree of acceptance of the restoration of border control is lower here than in national surveys.

scholarly journals Managing Migration in the United States and the European Union – Maintaining the Security

2021 ◽  
Vol 3 ◽  
pp. 145-160
Author(s):  
Lehte Roots
Keyword(s):  
Human Rights ◽  
The United States ◽  
The European Union ◽  
Open World ◽  
Migration Management ◽  
The Usa ◽  
Eu Policies ◽  
Migration Crisis ◽  
And Migration ◽  
The Eu

The article reflexes the nexus between security and migration management. Immigration is often seen as threat to national security but in case of refugees they are the victims of the instability and lack of protection of their human rights. The article aims to analyse how the human security concept is discussed in EU policies and how it has been implemented to tackle the migration crisis. The approach of the USA to migration and security will be used for the comparative analysis. The article discusses the historical and legal developments of migration management and the effects and problematics in the open world. Since the EU and the USA are the world big players, they should stay the leaders in promoting human rights and security. The way to do it is to introduce homogeneous policies in terms of migration management.

scholarly journals A Critical Analysis of the Dublin-IV Proposal with Regards to Fundamental- and Human Rights Violations and the EU Institutional Battle

2019 ◽  
Vol 2 (2) ◽  
pp. 38-55
Author(s):  
David Klaiber
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Special Focus ◽  
Academic World ◽  
Legal Principles ◽  
European Institutions ◽  
Common European Asylum System ◽  
The Will ◽  
Migration Crisis ◽  
The Eu

The Dublin regime – in short – determines which EU Member State is responsible to examine an application for asylum. The former Dublin Convention was signed in 1990 and first came into force in 1997. Today, 22 years and several legislative generations later, the Dublin regime is determined by the Dublin-III Regulation. After the 2015 so called ‘migration crisis’ and the collapse of legal principles in the Regulation, European legislators called for a reform of the Dublin system. Beside the will to reform the whole Common European Asylum System (CEAS), special focus lies on the reform of the Dublin-III Regulation. Therefore, the Commission issued its proposal for a new Dublin-IV Regulation. The proposal led to enormous controversies not only in the academic world but also in the European Institutions themselves. The aim of this article is first to analyse the Dublin-IV proposal against the background of fundamental and human rights with the incorporation of relevant case law of the ECJ and the ECtHR. The analysis will show several such violations and contradictions to the relevant jurisdiction. Furthermore, it will be demonstrated that the European Institutions are far from consent with regards to the Commission’s proposal. By showing the different approaches of the Institutions and of the academic world, finally, this article will provide guidelines on how to reform the Dublin regime adequately and in accordance with fundamental and human rights.

scholarly journals The Problem of Reputational Capital and Soft Power of the EU in the Context of European Migration Crisis

2015 ◽  
pp. 7-16
Author(s):  
D B Kazarinova
Keyword(s):  
Human Rights ◽  
Middle East ◽  
Soft Power ◽  
Internally Displaced Persons ◽  
Modern History ◽  
Internally Displaced ◽  
Reputational Capital ◽  
Migration Crisis ◽  
European Migration ◽  
The Eu

At the end of 2015, Europe faced a unique phenomenon in modern history - the explosive nature of migration processes. Mass of internally displaced persons and economic migrants from the Middle East are aggressively trying to become full residents, attracted by the image of Europe as an oasis of prosperity, democracy and human rights. As a result soft power begins to bring Europe not only political advantages but also serious challenges to its economic, social, political and even social-cultural spheres, the consequences of which are unpredictable now. It is hard to predict implications for soft power as well: will Europe remain world authority in the humanitarian field or will it suffer serious reputational loss?

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

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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