A Contested Asylum System: The European Union between Refugee Protection and Border Control in the Mediterranean Sea

2010 ◽  
Vol 12 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Silja Klepp

Abstract During the past few years the border waters between Europe and Africa have become an EU-policy crucible. In the midst of the tightening of EU border controls and refugee protection claims, supranational, national and local actors find themselves in a phase of legal insecurity and negotiation. This article is based on ethnographical research carried out in Libya, Italy and Malta. It sheds light on the different actors’ practices at sea and in the surrounding border region. It also explores how new parameters for refugee protection are emerging in the border regions of the European Union. The article argues that the policy practices of the co-operation between Italy and Libya as well as the informal operational methods carried out in the Mediterranean Sea function as a trailblazer of the overall EU refugee policy. In the long term, some of these practices will affect and change the legal basis and the formal regulations of the European refugee regime. The principle of non-refoulement could first be undermined and then abolished in this process. Using an approach that combines the empirical study of border regions with a legal anthropological perspective, the article analyses the Union’s processes of change and decision-making on local, national and supranational levels and their interconnections.

2016 ◽  
Vol 85 (3) ◽  
pp. 235-259 ◽  
Author(s):  
Graham Butler ◽  
Martin Ratcovich

This article addresses the main legal challenges facing the European Union (eu) Naval Force, eunavfor Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities in the Mediterranean Sea. It examines a number of legal issues that have given rise to scepticism on the viability of this type of operation, ranging from challenges under European Union law regarding mandate and oversight, to complex questions of compliance with international law. Forcible measures may be at variance with the international law of the sea, binding on the eu and its Member States alike. Even if such strictures can be avoided by a broad United Nations mandate and/or the consent of the neighbouring government(s), international refugee law and international human rights law provide limitations on the measures that Operation Sophia will be tasked with. Different avenues will be explored to ensure the Operation’s compliance with these different legal regimes.


Author(s):  
U. Stoliarova

In the early 2010s due to the aggravation of the situation in the Middle East and North Africa, the European Union faced an unprecedented escalation of the migration problem, which put serious pressure on many EU mechanisms. The article analyzes Brussels’ response to the increase in the number of victims in the Mediterranean Sea during the migration crisis, which peaked in 2015. The adoption of new initiatives that were aimed at easing the immigration issue did not lead to the expected results. The EU struggled to cope with a rise in the number of migrants who sought to reach European shores. The real challenge for the arriving migrants was crossing the Mediterranean Sea. Amid the increase in unmanaged flows of refugees and regular shipwrecks that led to the death of many migrants, non-governmental organizations stepped out. The organization and conduct of search and rescue operations (SARs) by NGOs led to the emergence of a new type of SARs, non-state ones, since even large NGOs began to conduct such operations for the first time. The article examines the contribution of European non-governmental organizations to the provision of search and rescue operations, as well as analyzes the main problems and challenges that these NGOs faced while implementing such activities from 2014 to 2020. It is concluded that European non-governmental organizations have saved tens of thousands of lives of migrants and refugees, thus becoming an important element in the EU’s migration crisis settlement. At the same time, they faced a number of problems and challenges, including criticism from some EU member states, which considered the activities of NGOs as a pull-factor for new migrants.


2021 ◽  
Vol 30 (1) ◽  
pp. 153-162
Author(s):  
Giada Laganà ◽  
Timothy J. White

The growing interaction between local cultures and international organisations suggests the need for peacebuilders to act strategically when trying to overcome cultural differences and build trust in societies long divided by bloody conflicts. This task is more difficult because the mental barriers that divide people and cultures are exacerbated by borders and walls. Through an analysis of the evolving role of the European Union (EU) in peacebuilding in the border region of Ireland, this forum contribution examines the potential of international organisations to enhance reconciliation by creating new cultural opportunities for cooperation. Existing scholarship focuses mainly on policy initiatives, strategies, directives and funding bodies, often failing to mention how theories are deployed by practitioners especially in the realm of cultural programmes.


2018 ◽  
Vol 21 (1) ◽  
pp. 271-298
Author(s):  
Stephan F.H. Ollick

The Mediterranean Sea has long been an important and perilous route for international migrants from the coast of North Africa to the European Union (EU). Manygrants and refugees travelling on overcrowded and unseaworthy dinghies do not survive the crossing. Rising numbers of fatalities put pressure on the EU to address the Mediterranean tragedy with renewed urgency. Frontex Operation Triton (2014–) and the naval mission eunavfor med Operation SOPHIA (2015–) were launched to survey and influence migratory flows. Although thousands of migrants and refugees have thus been delivered from distress at sea, casualty rates remain staggeringly high. Some commentators and organizations have dismissed Frontex and eunavfor med Operation SOPHIA as vehicles of an isolationist political agenda. This overlooks the narrow legal, political and practical confines within which these initiatives operate. Frontex and eunavfor med Operation SOPHIA seek to attain a level of control necessary for the delayed implementation of more ambitious and forward-looking schemes. The unsophisticated, temporary nature of the regime complex currently governing the EU’s activities in the Mediterranean Sea manifests in ambiguous language, in frequent and disparate amendments, and in the brevity of the mandates thus dispensed.


2020 ◽  
pp. 24-46
Author(s):  
Amur Gadjiev ◽  

This article attempts to identify and analyze the main factors that influenced the development of relations between Turkey and the European Union after the change in EU leadership, as well as highlight the main reasons that aggravated these relations until the outbreak of COVID-19. The threat of a sharp aggravation of the migration crisis in the EU countries against the background of the deteriorating situation in Syrian Idlib and the tightening of sanctions against Turkey in connection with its exploration work in the Mediterranean Sea created even greater foggy relations between Turkey and the EU.


2019 ◽  
pp. 151-170
Author(s):  
Ċetta Mainwaring

The concluding chapter returns to the main themes explored and arguments made in the book, examining the contestation over borders, migration controls, and mobility at the edge of Europe. It looks especially at the continued intertwining of humanitarian and enforcement logics in the Mediterranean and how migrants are reduced to symbols at sea, their lives shipwrecked, and thus easily transformed into a threat. In particular, the chapter explores the contested role of non-governmental organizations that took to the sea after 2014 to carry out search and rescue operations and highlight EU inaction. The chapter considers the future of Europe and the European Union, its border controls in the Mediterranean, resistance to them, and practical alternative policy choices. While state policies erode spaces of asylum, undermining refugee protection and access to global mobility, inequality is on the rise and migrants and refugees continue to cross borders, often at great risk.


Baltic Region ◽  
2019 ◽  
Vol 11 (3) ◽  
pp. 43-60
Author(s):  
Renald H. Simonyan

In the modern world, the intensity of inter-civilizational, intercultural and interstate interaction is increasing. Border regions, territories where this interaction involves direct contact, are of great importance in this process. This has given rise to a new area of research — border region studies. The Russian Federation has the longest state border, the largest number of neighbouring countries, and centuries of experience in the peaceful existence and cooperation between different cultures. Most importantly, the country straddles two continents. Located between two principal economic actors (the European Union and China), Russia binds the huge Eurasian continent into a single whole. It is very important to study Russian-European and Russian-Chinese border regions to make full use of their strategic advantages for the economic development of Russia. This task has been especially relevant since the deindustrialization of Russia, which occurred in the 1990s and most deeply affected the economy of the Russian periphery. In this article, I rely on the literature, national and regional statistics, and survey results to essay a border region study — a comparative analysis of the socio-economic and demographic processes taking place in Russia’s western regions bordering on the EU and eastern ones bordering on China. My findings may contribute to providing a rationale for the need to abandon a commodity-driven economic model, as well as to creating a broader theoretical and methodological framework for Russia’s strategy towards its neighbours.


Author(s):  
Toader FLUTUR

The issue of uncontrolled migration has produced an institutional transformation of the European Union, dictated by the need to find solutions to new challenges. The reform of migration and asylum policy had to enter the European public agenda at an accelerated pace and political leaders had to find the common will to create the right legislative framework to respond to the migration crisis. The most important migration route preferred by refugees and economic migrants, is the Mediterranean Sea which in recent years has experienced the most intense human trafficking but also the most deaths in such a short time. As a result of the popular riots in North Africa and the Middle East in 2011, the deteriorating political and social situation in the countries of origin, more and more citizens have left their native places in the hope of ensuring a better life in the European Union. In order to support the structural reforms needed by the two areas and even physical reconstruction if we refer to the Syrian case, the European Union must show active involvement and a coherent plan to curb the fluid sources of migration. Supporting the reconstruction of foundations or strengthening institutions, investment in aid programs to stimulate economies and strong agreements with the governments of the states of the Middle East and North Africa are just some of the measures that the European Union should take swiftly.


2019 ◽  
Vol 4 (5) ◽  
pp. 200
Author(s):  
Yurii Maslov

The article considers the process of creation and features of activities of various types of transborder formations peculiar for the European Union. Today the cooperation within Euroregions becomes more and more widespread practice both in the EU and among the regions of countries-participants of the Union and those ones neighbouring to the EU, including Ukraine. The problem of modernization of the EU regional policy in the context of the intensification of globalization processes is touched upon. The influence of global factors and changes in the EU regional policy on the transformation of Ukrainian regional policy is determined. In the context of the development of the regional policy of Ukraine, problems of economic development and well-being of citizens in Ukrainian regions are identified; development directions for the cooperation of Ukraine and the EU in this area are established. The purpose of the article is to consider issues of cross-border economy, cross-border region, classify them, define features of Euroregion and, based on the analysis conducted, consider imperatives and problems related to the development and introduction of the Danube Strategy and identify the place and opportunities of Ukraine in this association. The macro-regional approach to solving the tasks of the integration policy of the European Union chosen by the European Union Committee allows uniting the territories according to the principle of their mutual supplementation, reducing the barriers of national borders and creating new opportunities for cross-border regions. The Danube Strategy, despite the common principles and methodologies for the formation of Euroregions, has obvious features. Firstly, the region is characterized by deep imbalances both between countries and within countries themselves. Secondly, the Strategy is an example of a multidisciplinary approach to territorial planning in the region and has a pronounced ecological character, and environmental problems are solved in the search for a compromise with the tasks of socio-economic development. Thirdly, being the internal strategy of the European Union, however, has a significant external dimension, the incorporation of which can be quite a challenge. There are four main directions for the regional development in the Danube Strategy (so-called “pillars”: association, ecology, well-being, strengthening). For each direction, priority areas are designated that are supervised by the coordinating countries. Conceptually, the EUSDR is a continuation of the Europe-2020 strategic document of the EU and proclaims the achievement of the region of “smart, sustainable and inclusive development” as its main objectives. At the same time, a kind of paradox is that the Danube strategy aimed at levelling social, economic, institutional gaps in the region generates them by the very principles of its existence. It is hard to imagine that unequal countries, getting too different funding, will be able to equalize their capabilities at the finish. The strategy will help realize the EU’s obvious desire to transform the Danube into an internal transport artery with a highly developed infrastructure and improved cargo traffic, which will allow connecting the North Sea with the Black and Azov seas, placing the transportation of resources of Caspian region and Asia under control of European structures. The creation and activity of cross-border regions make a significant contribution both to the strengthening of political and economic integration within the EU and to the development of cooperation between the member countries of the Union and neighbouring states.


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