Waiting (and Paying) for Godot: Analyzing the Systemic Consequences of the Solidarity Crisis in EU Asylum Law

2020 ◽  
Vol 22 (1) ◽  
pp. 60-81
Author(s):  
Luisa Marin

Abstract What is left of the principle of solidarity in the context of EU asylum law? The aim of this article is to analyze the follow-up of the solidarity crisis the EU has experienced with the failure of relocation schemes. Relocation schemes have tried to alleviate the consequences of the so-called migration crisis of 2015–2016, but did not prove to be successful, because of the low relocation rates, in addition to open contestation by states of the Visegrad group. Against the background of the stalemate of the reform of the Dublin Regulation, the article analyzes ‘measures’ adopted after the failure of relocation schemes, focusing in particular on administrative arrangements to counter secondary movements and ‘ad hoc’ temporary disembarkation schemes. Both measures are aiming at fixing longstanding questions (e.g., limiting secondary movements, providing safe disembarkation for irregular migrants): in the first case, States proceed at bilateral level with arrangements creating fast-track returns and stopping secondary movements; in the second case, the EU is trying to support states’ arrangements for disembarkation of migrants after SAR operations. The article shows that, while reforms of legislative instruments are not progressing, Member States and, to some extent, also EU institutions are going down the lane of ‘operational and informal arrangements’, which are ‘bricolage solutions’ to counterbalance undesired effects of the status quo, while waiting for structural solutions that are necessary but not in sight. The article discusses the dangers of such a trend toward informal operational solutions, as a challenge to the EU as a system of governance based on the rule of law.

2019 ◽  
pp. 121-150
Author(s):  
Ċetta Mainwaring

The fifth chapter analyses how in the EU context Malta constructed a crisis around the issue of migration, and how the small state exploited the crisis to secure more EU funds and support. It thus focuses on how member states on the periphery respond to the new responsibility they face as EU migration gatekeepers. In this way, the chapter continues to explore the theme of power at the margins but moves away from the migrant experience to that of a small state at the edge of Europe. The chapter analyses Malta’s strategies at the EU level and its lobbying around particular policies between 2008 and 2016, including (1) the European Pact on Immigration and Asylum, (2) the Schengen Borders Code, (3) the Dublin Regulation, and (4) the Long-Term Residents Directive. The research demonstrates how Malta exerted an unexpected level of influence on EU migration governance by adopting a number of strategies, including emphasizing its small state status, its gatekeeper role, and the ‘crisis’. The most significant success was the expansion of the concept of solidarity within the EU to not only include financial transfers but also the relocation of people. However, this success has come at a price: Malta’s construction and exploitation of a migration crisis reinforces the very emphasis on migration control at the external border that it has resisted. Indeed, the EU framework now shapes Malta’s interests and strategies, encouraging the construction of migration crisis in the Mediterranean and the reduction of migrants to symbols of suffering and disorder.


CNS Spectrums ◽  
2020 ◽  
pp. 1-7
Author(s):  
Emanuele Caroppo ◽  
Pierluigi Lanzotti ◽  
Luigi Janiri

Abstract Background. Literature shows that migrants—a generic definition for persons who leave their own country of origin—have increased psychopathological vulnerability. Between 2014 and 2017, 976 963 non-European Union (non-EU) people arrived in Italy, of which 30% for humanitarian reasons. This study is aimed at a better understanding of the experience of asylum seekers who transferred to Italy were subjected to the EU Dublin Regulation and most of them suspended in their asylum application. Methods. We elaborate a descriptive study based on a population of refugees and asylum seekers who have suffered from social and personal migratory stressful factors. Clinical data was collected between 2011 and 2013 at the “A. Gemelli” General Hospital IRCCS, Rome, Italy. Minors, elderly people, and patients who are unable to declare a voluntary consensus and economic migrants were excluded from the study. Candidates for the status of refugee or asylum seekers were included. Results. The sample consisted of 180 asylum seekers aged 25.52 ± 5.6 years. Most frequently diagnosis was post-traumatic stress disorder (PTSD) (53%), subthreshold PTSD was reported in 22% of subjects. We found phenomenological patterns highly representative of PTSD of the dissociative subtype. Around 20% of the sample suffered from psychotic symptomatology. Conclusions. Loss of the migratory project and the alienation mediated by chronic social defeat paradigm may trigger a psychopathological condition described by the failure to cope with the negative emotional context of social exclusion and solitude. A common and integrated treatment project is needed, with the scope of reintegrating the migrant’s personal and narrative identity.


Author(s):  
Isaac De Toro Mezquita

 La crisis migratoria llevó la migración a la agenda política y puso de manifiesto las debilidades de la Unión Europea, de FRONTEX y de los Estados Miembros en los mecanismos de gestión de las fronteras exteriores. En el año 2015 se detectaron más de 1.5 millones de cruces fronterizos ilegales en las fronteras exteriores, lo que representó un pico histórico de llegadas, siendo Turquía uno de los principales puntos de entrada, con alrededor de 800.000 migrantes irregulares y de nacionalidad siria mas de 500.0003. Con el fin de frenar el flujo migratorio irregular la Unión Europea llegó a un acuerdo con Turquía consiguiendo una drástica disminución de las entradas en Europa. Sin embargo, el número de llegadas está creciendo de nuevo y, aunque la situación no puede compararse con la del año 2015, la tendencia al alza se está consolidando. Esta situación se agrava con el inicio de la ofensiva militar turca contra los kurdos en Siria y por la amenaza del presidente Recep Tayyip Erdoğan que de romper el acuerdo con la Unión Europea y dejar entrar irregularmente mas de 3.6 millones de personas. La prioridad europea para solucionar la crisis migratoria se ha centrado en la estabilización con medidas ad hoc en lugar de una planificación a largo plazo. The migrant crisis brought migration to the political agenda and exposed the weaknesses of the European Unión, FRONTEX and Member States in the border management mechanisms. In 2015 more than 1.5 million illegal border crossings were detected at external borders, representing an all-time peak of arrivals, with Turkey being one of the main entry points, with around 800,000 irregular migrants, and more than 500,000 Syrian nationals. The European Union reached an agreement with Turkey to end to the irregular migration flow, resulting in a decrease in irregular entries into Europe. However, the number of arrivals is growing again and, although the situation cannot be compared to that of 2015, the upward trend is consolidating. This situation is aggravated by the start of the Turkish military offensive against the Kurds in Syria and by President Erdoğan Recep Tayyip’s threat to break the agreement with the EU and irregularly let in more than 3.6 million people. The European priority for solving the migration crisis has focused on stabilization with ad hoc measures rather than long-term planning.


2017 ◽  
Vol 66 (4) ◽  
pp. 985-1001 ◽  
Author(s):  
Dimitris Skleparis

It has been commonly argued that amid the so-called ‘migration crisis’ in 2015, Greece ignored its Dublin Regulation obligations due to unprecedentedly high migration flows, structural weaknesses, fears and uncertainty. However, this narrative deprives the Greek government of agency. In contrast, this article puts forward an alternative analysis of Greece’s attitude. It argues that the Greek government’s policy choices in the realms of border controls, migration and asylum in 2015, prior to the ‘EU–Turkey deal’, manifested a well-calculated desecuritisation strategy with a twofold aim. In this respect, this article provides an analysis of why and how the newly elected SYRIZA-led coalition government embarked on a desecuritising move and assesses the success/effectiveness of this move and the desecuritisation strategy. It argues that although the government’s desecuritising move was successful, overall, its desecuritisation strategy failed to produce the anticipated results vis-à-vis the government’s twofold aim and intended outcomes.


Author(s):  
N. N. Bolshova

The paper reviews the current EU policy on irregular migration under the influence of refugee crisis. This crisis urged the EU to streamline and consolidate all the available legal, political and administrative tools to reach the synergy effect in the management of immigration flows into the EU. However the main weakness of the EU approach appears to be the dependence on the opportunities and interests of the third countries (of origin and transit of irregular migrants) to cooperate effectively with the EU institutions and Member-states in such key spheres as fight against migrant smuggling, security of external borders, implementation of readmission agreements, asylum policy. The author evaluates the state of progress on the main Mediterranean migration routes since the beginning of the migration crisis in 2014, analyses some recent EU initiatives, particularly the EU NAVFOR MED Operation Sophia and the new Partnership Framework with third countries under the European Agenda on Migration. In conclusion, the author attempts to assess the effects of these actions.


2020 ◽  
Vol 9 (3) ◽  
pp. 21-33
Author(s):  
José A Brandariz ◽  
Cristina Fernández-Bessa

The sorting of individuals is one critical function performed by migration law. These legal regulations are based on dichotomies, such as separating irregular migrants from regular migrants. However, through the multi-scalar management of human mobility, the conflicting coexistence of national and supranational interests decentres these legal binaries. Therefore, migration law devices sort newcomers in a more complex way, giving shape to multilayered and unstable hierarchies of otherness. Using Spain as a case study on migration control changes, this paper addresses the role that migration law enforcement institutions play in cementing and eroding these legal categories. First, it analyses the consequences of the so-called ‘migration crisis’ in enlarging a European asylum system that, until recently, seemingly rests on few countries. Second, it examines the increasing normalisation of the forced return of European Union (EU) (and European Free Trade Association [EFTA]) nationals, which undermine a critical prerogative of the EU citizenship status.


2021 ◽  
Vol 14 (1) ◽  
pp. e238006
Author(s):  
Mitchell Cox ◽  
Sophie Paviour ◽  
Sophie Gregory ◽  
Rusheng Chew

Drug reaction with eosinophilia and systemic symptoms (DRESS) is a rare, but serious systemic hypersensitivity reaction associated with a range of medications. We present two cases of vancomycin-induced DRESS, which occurred simultaneously in the orthopaedic ward in an outer metropolitan hospital. These cases demonstrate the complexity in the diagnosis and management of this inflammatory syndrome on the background of known infection as well as evidence for linezolid as an alternative to vancomycin. The first case was managed conservatively, but developed progressive renal and liver injury along with demonstrated cytomegalovirus reactivation and recurrent colitis, and was eventually palliated. The second was commenced on intravenous glucocorticoids and achieved remission, although had ongoing renal dysfunction at the time of discharge from outpatient follow-up.


2020 ◽  
Vol 13 (12) ◽  
pp. e235986
Author(s):  
Alexander Tindale ◽  
James Jackson ◽  
Darina Kohoutova ◽  
Panagiotis Vlavianos

We introduce a case of a 73-year-old man who developed intractable chylous ascites due to portal vein compression as a result of peripancreatic inflammatory changes after acute biliary pancreatitis. After stenting the portal vein stenosis, the chylous ascites improved from requiring weekly paracentesis to requiring no drainage within 4 months of the procedure and at the 15-month follow-up. To our knowledge, it is the first case reported in the literature where portal vein stenting has successfully been used to treat pancreatitis-induced chylous ascites.


Author(s):  
Catherine E. De Vries

This chapter introduces a benchmark theory of public opinion towards European integration. Rather than relying on generic labels like support or scepticism, the chapter suggests that public opinion towards the EU is both multidimensional and multilevel in nature. People’s attitudes towards Europe are essentially based on a comparison between the benefits of the status quo of membership and those associated with an alternative state, namely one’s country being outside the EU. This comparison is coined the ‘EU differential’. When comparing these benefits, people rely on both their evaluations of the outcomes (policy evaluations) and the system that produces them (regime evaluations). This chapter presents a fine-grained conceptualization of what it means to be an EU supporter or Eurosceptic; it also designs a careful empirical measurement strategy to capture variation, both cross-nationally and over time. The chapter cross-validates these measures against a variety of existing and newly developed data sources.


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