scholarly journals Schengen Borders and Multiple National States of Emergency: From Refugees to Terrorism to COVID-19

2021 ◽  
Vol 23 (4) ◽  
pp. 385-404
Author(s):  
Elspeth Guild

Abstract The re-introduction of intra-Schengen state border controls has been a constant feature of the area since the abolition of those controls in 1995. The seriousness of the controls introduced and the justifications which have been put forward for them have varied substantially. At the moment there are three overlapping regimes of temporarily reintroduced border controls in the area: those reintroduced to counter terrorism, those reintroduced to counter so-called secondary movements (the movement of people seeking international protection within the Schengen area) and those introduced to counter the spread of COVID-19. The article examines the three frameworks of temporary controls, the justifications provided by states using them for their operation, and the response of the EU institutions.

Author(s):  
Violeta Moreno-Lax

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.


2020 ◽  
Vol 22 (2) ◽  
pp. 178-197 ◽  
Author(s):  
Marie De Somer

Abstract The EU’s Schengen zone has been in crisis for over four years. This article critically reviews three scenarios on the way forward for the Schengen area that are currently circulating in the EU policy sphere. These include, first, proposals to improve the current rules on internal border checks within the Schengen Borders Code, either through reform or through better implementation practices. A second scenario relates to ideas on increasing the use of police checks in border regions as alternatives for internal border controls. A third scenario links to proposals on making access to the Schengen zone conditional on cooperation and good governance in the CEAS. It is submitted that the proposals in this third scenario are unfeasible for both political as well as legal reasons. More merit can be found in the discussions around the first two scenarios, albeit bearing in mind a number of important caveats.


2021 ◽  
Vol 19 (3) ◽  
pp. 121-141
Author(s):  
Justyna Olędzka

The purpose of this article is to discuss the trajectory of Belarusian-Lithuanian relations with a particular focus on the period after the 2020 Belarusian presidential election, which resulted in a change in international relations in the region. This was the moment that redefined the Lithuanian-Belarusian relations, which until 2020 were satisfactory for both sides (especially in the economic aspect). However, Lithuania began to pursue a reactive policy of promoting the democratisation of Belarus and provided multi-level support to Belarusian opposition forces. The current problems in bilateral relations (e.g., the future of Belarusian Nuclear Power Plant located in Astravyets) have been put on the agenda for discussion at the EU level, while the instruments of a hybrid conflict in the form of an influx of immigrants into Lithuania, controlled by the Belarusian regime, have become a key issue for the future prospects of relations between Belarus and Lithuania.


2020 ◽  
Vol 3 (8) ◽  
pp. 88-99
Author(s):  
Violeta Vasiliauskienė ◽  
Martynas Vasiliauskas

The article dwells on the problem of the definition of terrorism. This term, though usually commonly understandable, is a legal term, the definition of which is not yet universally adopted. The threat of terrorism, taking upon different forms, is always relevant and the efforts to contain it continue. Thus the definition of the phenomenon and its elements is crucial in such efforts. The analysis is relevant as internationally this term is still not defined in one universal legally binding document and there are questions on its exact scope. The article explains two elements that are usually  considered essential in defining terrorism. Furthermore, the article dwells on the EU efforts to contain the threat and in particular on its efforts to prevent terrorism – that is, actions taken to counter terrorist radicalisation.


Author(s):  
Camila Morás Da Silva ◽  
Isabel Christine Silva De Gregori

Resumo: O presente estudo teve por escopo analisar em que medida os mecanismos de tutela internacional da Propriedade Intelectual podem tornar-se um óbice ao desenvolvimento sustentável. No primeiro momento elucidou-se a questão do desenvolvimento sustável e a disparidade entre países do Norte e Sul no atendimento à necessidade de progresso tecnológico sustentável. Posteriormente, o sistema de resguardo à Propriedade Intelectual no âmbito internacional. Utilizou-se o método de abordagem dedutivo e da pesquisa bibliográfica auferindo que, diante da necessidade de harmonizar-se as demandas de desenvolvimento social e ambiental, o momento é de necessidade de abertura legislativa e cooperação mútua. Abstract: The present study aimed to analyze the extent to which the mechanisms of international protection of Intellectual Property can become an obstacle to sustainable development. In the first moment the issue of sustainable development and the disparity between North and South countries in meeting the need for sustainable technological progress was elucidated. Subsequently, the system of protection to Intellectual Property in the international scope. The method of deductive approach and bibliographical research was used, given the need to harmonize the demands of social and environmental development, the moment is the need for legislative opening and mutual cooperation. 


2016 ◽  
Vol 12 (5) ◽  
pp. 285
Author(s):  
Omer Ugur ◽  
Kadir Caner Dogan ◽  
Metin Aksoy

The European Union has grown up in terms of influence and size in international politics. The size of its economy and the ever-increasing membership, have seen its ambitions grow meaning that the EU now has an international presence it did not have at its formation. It is easy to say that with the EU being an ambitious actor in international politics, the rise into prominence of climate change naturally came in handy for the EU as it provided an opportunity for the EU to assert itself and prove both its capacity and presence. The 1992 Rio Earth Summit and the withdrawal of the USA from the obligations of the Kyoto came as a blessing in disguise for the Union as it seized the moment to assert itself. Thus, in trying to understand what role the EU has or is playing in international climate change politics, there is need to assess its leadership claims and what it has done to prove these claims. To get there, the paper will navigate through a part of the discipline of International Relations (IR) to understand how it provides for a basis to explain or understand the EU’s limitations and strengths on actorness.


Author(s):  
Yu. G. Motalov ◽  

The article analyzes the consequences of the introduction of border controls and the closure of the external EU border and some internal borders of the EU countries, in connection with the COVID-19 pandemic. The article provides data on the impact of the decisions made on the development of migration processes in the EU countries during the pandemic. Analyzing the new EU migration strategy, the author points out its lofty goals, material and financial support for social protection of migrants, but at the same time, rightly notes that the national peculiarities of the Вестник государственного университета «Дубна». Серия «Науки о человеке и обществе»No4`202027development of countries of receiving migrants are forgotten, the ethnic composition of the states is not taken into account and, most importantly, it pushed into the background socio-historical and cultural practices, the mentality of the state-forming peoples. The absence in the proposed concept of a systematic approach to the development of social practices for the integration of migrants into the host European society indicates that the influence of migrants on the development of the EU countries is underestimated.


2021 ◽  
Vol 0 (0) ◽  
pp. 1-17
Author(s):  
Ewa Rollnik-Sadowska ◽  
Marta Jarocka

The aim of the article is to assess real changes taking place on CEE labour markets over the last fifteen years, taking into account as the initial point of analysis – 2004, i.e. the moment of extension of the EU by the first CEE countries and as a final point of analysis – 2019. The research was conducted in two stages. The authors made comparisons with the use of the TOPSIS method, which allowed for creating rankings of CEE countries in terms of labour market situation in the analysed years. The second stage of the study involved the analysis of relations between employment and GDP by an estimation of the multiple regression model. The conducted analysis proves that CEE countries are diversified when it comes to the labour market situation. These countries are also characterized by significant dynamics of changes in the labour market.


2012 ◽  
Vol 21 (4) ◽  
pp. 557-577 ◽  
Author(s):  
Erik Brattberg ◽  
Mark Rhinard
Keyword(s):  

2019 ◽  
Vol 11 (22) ◽  
pp. 6352 ◽  
Author(s):  
Stoffel ◽  
Cravero ◽  
La Chimia ◽  
Quinot

Strategic objectives in public procurement, such as environmental or social considerations, are being increasingly referred to under the umbrella term of sustainable public procurement (SPP). The concept of sustainability is intrinsically multidimensional, encompassing environmental, social, and economic aspects. However, the existing literature on SPP highlights the generalization that the regulation and practices of public procurement are biased toward the environmental dimension. There is conflicting evidence from countries in Sub-Saharan Africa (SSA) that calls for further investigation. Analyzing how SPP is actually constituted in SSA and contrasting it with the situation in the European Union (EU), as a spotlight on the Global South and North, contributes to a better understanding of sustainability in public procurement. The comparative analysis will help with understanding processes related to the integration or disintegration of sustainability dimensions in SPP. Our results indicate a contrary orientation on the environmental and the social dimensions in the EU and SSA. Although there is no sign of a comprehensive integration of all dimensions in SPP, there are developments toward the integration of the ‘missing’ dimension in the respective regional setting. Thus, at the moment, achieving a multidimensional implementation of SPP appears to be more a matter of expanding SPP practices of the ‘missing’ dimension than of pushing for integrated concepts.


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