Return Sponsorships in the EU’s New Pact on Migration and Asylum: High Stakes, Low Gains

Olivia Sundberg Diez; Florian Trauner; Marie De Somer

doi:10.1163/15718166-12340101

Return Sponsorships in the EU’s New Pact on Migration and Asylum: High Stakes, Low Gains

European Journal of Migration and Law ◽

10.1163/15718166-12340101 ◽

2021 ◽

Vol 23 (3) ◽

pp. 219-244

Author(s):

Olivia Sundberg Diez ◽

Florian Trauner ◽

Marie De Somer

Keyword(s):

Return Rate ◽

High Stakes ◽

Member States ◽

Fresh Start

Abstract The concept of ‘return sponsorships’ is central to the European Commission’s New Pact on Migration and Asylum, and its ambition to deliver a “fresh start on migration”. Enabling a system of mandatory yet flexible solidarity, the concept is designed to overcome the opposing viewpoints that have long marked political discussions over responsibility-sharing within Europe. This article critically considers whether return sponsorships can work in practice. It identifies three challenges. First, the proposal’s envisioned solidarity measures lack predictability and tangibility. Second, return sponsorships will create new vulnerabilities for those issued return orders. Third, the mechanism is informed by the improbable assumption that more conditionalities vis-à-vis third countries will substantially increase the EU’s return rate. Overall, the Commission is taking a considerable risk. The return sponsorship concept will likely prolong the polarised discussions among Member States and provide only modest support to countries at the EU’s external border.

Download Full-text

Preventive Restructuring Frameworks

10.1093/oso/9780198813392.003.0025 ◽

2018 ◽

Author(s):

Michael Veder ◽

Anne Mennens

Keyword(s):

European Commission ◽

Early Stage ◽

Insolvency Law ◽

Member States ◽

Fresh Start ◽

Second Chance

On 22 November 2016, the European Commission launched a proposal for a restructuring and insolvency law directive. The Draft Directive marks a further step in the development of a European insolvency framework. The Draft Directive seeks to introduce into the laws of the Member States preventive restructuring frameworks that should enable debtors to restructure at an early stage, thereby avoiding insolvency. It contains provisions that promote a second chance or fresh start for honest entrepreneurs, as well as measures aimed at increasing the efficiency or restructuring, insolvency, and discharge proceedings. This chapter focuses on the preventive restructuring framework contemplated by the Draft Directive. Section 2 addresses the background to the Draft Directive. Section 3 we presents the justification for restructuring plans. Section IV analyzes the Commission's proposals for a preventive restructuring framework in more detail, and Section 5 contains some concluding observations.

Download Full-text

Disciplining Member States: EU Loyalty in External Relations

Cambridge yearbook of European legal studies ◽

10.1017/cel.2020.2 ◽

2020 ◽

pp. 1-21

Author(s):

Christina ECKES

Keyword(s):

External Action ◽

Eu Law ◽

High Stakes ◽

Member States ◽

Ability To Act ◽

External Relations ◽

The Common ◽

High Level ◽

External Powers ◽

The Eu

Abstract This Article argues that the cooperation obligations of the Member States under EU law are best understood as forming part of an overall duty of EU loyalty and elaborates on the consequences of framing it in this way. EU loyalty legally requires Member States to make the common EU interest their own. The Article further demonstrates that EU loyalty is more relevant and more stringently applied in EU external relations than within the EU legal order. Loyalty obligations of the Member States reach into the future, extend to hypothetical situations, and are at a comparatively high level of abstraction aimed to protect the Union's ability to act effectively on the international plane. This limits Member States’ margin of manoeuvre, including when they take unilateral external action within the realm of their retained national competences. The Article explains that this may be functionally justified by the high stakes of non-concerted external action. However, and in particular with the EU's increased external powers and the ever-growing relevance of international cooperation, the stringent application of cooperation requirements should be (better) explicated and justified.

Download Full-text

Democrazy—Dem Go Craze, O: Monitoring the 1999 Nigerian Elections

Issue A Journal of Opinion ◽

10.1017/s1548450500005862 ◽

1999 ◽

Vol 27 (1) ◽

pp. 29-33

Author(s):

Darren Kew

Keyword(s):

Transition Program ◽

The Political ◽

High Stakes ◽

Political Class ◽

Soccer Match ◽

The Public ◽

The Military

In many respects, the least important part of the 1999 elections were the elections themselves. From the beginning of General Abdusalam Abubakar’s transition program in mid-1998, most Nigerians who were not part of the wealthy “political class” of elites—which is to say, most Nigerians— adopted their usual politically savvy perspective of siddon look (sit and look). They waited with cautious optimism to see what sort of new arrangement the military would allow the civilian politicians to struggle over, and what in turn the civilians would offer the public. No one had any illusions that anything but high-stakes bargaining within the military and the political class would determine the structures of power in the civilian government. Elections would influence this process to the extent that the crowd influences a soccer match.

Download Full-text

Distribution of Competences between the EU and the Member States

Governance and Politics in the Post-Crisis European Union ◽

10.1017/9781108612609.025 ◽

2020 ◽

pp. 403-404

Keyword(s):

Member States ◽

The Eu

Download Full-text

School Success and School Engagement of Immigrant Children and Adolescents

European Psychologist ◽

10.1027/1016-9040/a000139 ◽

2013 ◽

Vol 18 (2) ◽

pp. 126-135 ◽

Cited By ~ 42

Author(s):

Frosso Motti-Stefanidi ◽

Ann S. Masten

Keyword(s):

Academic Achievement ◽

Academic Success ◽

Children And Adolescents ◽

School Engagement ◽

School Success ◽

Immigrant Children ◽

Integrative Model ◽

High Stakes ◽

The Individual

Academic achievement in immigrant children and adolescents is an indicator of current and future adaptive success. Since the future of immigrant youths is inextricably linked to that of the receiving society, the success of their trajectory through school becomes a high stakes issue both for the individual and society. The present article focuses on school success in immigrant children and adolescents, and the role of school engagement in accounting for individual and group differences in academic achievement from the perspective of a multilevel integrative model of immigrant youths’ adaptation ( Motti-Stefanidi, Berry, Chryssochoou, Sam, & Phinney, 2012 ). Drawing on this conceptual framework, school success is examined in developmental and acculturative context, taking into account multiple levels of analysis. Findings suggest that for both immigrant and nonimmigrant youths the relationship between school engagement and school success is bidirectional, each influencing over time the other. Evidence regarding potential moderating and mediating roles of school engagement for the academic success of immigrant youths also is evaluated.

Download Full-text