Statelessness in the EU Framework for International Protection

2012 ◽  
Vol 14 (3) ◽  
pp. 279-295 ◽  
Author(s):  
Gábor Gyulai
Keyword(s):  
Forced Migration ◽  
European Policy ◽  
Member States ◽  
International Protection ◽  
Eu Member States ◽  
Forced Migrants ◽  
The Eu ◽  
Dignified Life

Abstract Every year Europe faces the arrival of thousands of stateless migrants in search of a more dignified life. Most of them are in need of protection. In most EU member states, statelessness is predominantly a migratory phenomenon and often linked to forced migration. Yet, statelessness has to-date not been part of mainstream European policy discussions on international protection. Consequently, statelessness frequently remains a hidden phenomenon in the EU, making persons without a nationality invisible and living on the margins of society. This article examines the EU framework for international protection and the forms of protection stateless forced migrants can currently count on in the Union.

Forced Migration Governance: In Search of Sovereignty

2016 ◽  
Vol 17 (6) ◽  
pp. 923-948 ◽  
Author(s):  
Anuscheh Farahat ◽  
Nora Markard
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Third World ◽  
Forced Migration ◽  
Loss Of Control ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Refugee Protection ◽  
The Eu

The European Union (EU) Member States have experienced the recent refugee protection crisis in the EU as a de-facto loss of control over their borders. They find themselves unable to subject entry into their territory to a sovereign decision. In response, the Member States have sought to regain full sovereignty over matters of forced migration, both unilaterally and cooperatively, seeking to govern a phenomenon—forced migration—that by definition defies governance. Unilateral measures include forced migration caps and a search for ways to circumvent responsibility under the Dublin system. Cooperative efforts by EU Member States include the search for ways to more effectively govern forced migration at the EU level and beyond. Supranational EU efforts include the introduction of an internal relocation scheme and support for Italy and Greece in processing asylum claims in so-called “hotspots.” Beyond the EU, Member States are seeking to externalize protection responsibility to third world countries under international agreements, in particular, by returning asylum seekers to Turkey. This Article outlines the unilateral and cooperative governance efforts undertaken and shows that states' sovereign decisions over migration are significantly limited in the case of forced migrants, both by EU law and by international law.

EU Migration Policy: Evolving Ideas of Responsibility and Protection

2010 ◽  
Vol 2 (1) ◽  
pp. 86-100 ◽  
Author(s):  
Emma Haddad
Keyword(s):  
Forced Migration ◽  
Migration Policy ◽  
The European Union ◽  
Member States ◽  
Policy Makers ◽  
Eu Member States ◽  
Common European Asylum System ◽  
The Eu

AbstractWhile humanitarian intervention in cases of state instability remains a disputed concept in international law, there is consensus in the international community over the need to provide protection to refugees, one of the corollaries of such instability. Using the European Union (EU) as a case study, this article takes a policy perspective to examine competing conceptions of both 'responsibility' and 'protection' among EU Member States. Responsibility can be seen either as the duty to move refugees around the EU such that each Member State takes its fair share, or the duty to assist those Member States who receive the highest numbers of migrants due to geography by way of practical and financial help. Similarly, protection can imply that which the EU offers within its boundaries, encompassed within the Common European Asylum System, or something broader that looks at where people are coming from and seeks to work with countries of origin and transit to provide protection outside the Union and tackle the causes of forced migration. Whether one or both of these concepts comes to dominate policy discourse over the long-term, the challenge will be to ensure an uncompromised understanding of protection among policy-makers.

Responding through transposition: public Euroskepticism and European policy implementation

2016 ◽  
Vol 10 (1) ◽  
pp. 51-70 ◽  
Author(s):  
Christopher J. Williams
Keyword(s):  
Policy Implementation ◽  
Member State ◽  
Public Attitudes ◽  
State Governments ◽  
The European Union ◽  
European Policy ◽  
Member States ◽  
European Directives ◽  
Eu Member States ◽  
The Eu

Do public attitudes concerning the European Union affect the speed with which member states transpose European directives? It is posited in this article that member state governments do respond to public attitudes regarding the EU when transposing European directives. Specifically, it is hypothesized that member state governments slow transposition of directives when aggregate public Euroskepticism is greater. This expectation is tested using extended Cox proportional hazard modeling and data derived from the EU’s legislative archives, the official journals of EU member states, and the Eurobarometer survey series. It is found that member state governments do slow transposition in response to higher aggregate public Euroskepticism. These findings have important implications for the study of European policy implementation, as well as for our understanding of political responsiveness in the EU.

scholarly journals EU ASYLUM SYSTEM IN AND AFTER THE COVID-19 PANDEMIC: DISCLOSING THE WEAKNESSES OF THE CURRENT RULES AND ASSESSING THE PROSPECTS OF THE NEW PACT ON MIGRATION AND ASYLUM

2021 ◽  
Author(s):  
Bojana Čučković
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Asylum Seekers ◽  
Current Phase ◽  
Member States ◽  
International Protection ◽  
Eu Member States ◽  
Emergency Situations ◽  
Human Rights Standards ◽  
The Eu

The paper analyses the influence that the Covid-19 pandemic has had on the functioning of the European asylum system. The analysis is divided into three parts and addresses problematic issues associated with different stages of the pandemic. In the first part of the paper, the author outlines the asylum practices of EU Member States in the initial stage of the Covid-19 pandemic during which the pandemic was perceived as a state of emergency. By exploring the legal possibilities to derogate both from the EU asylum rules and international human rights standards, the author offers conclusions as regards limits of derogations and the legality of Member States’ practices, especially their failure to differentiate between rules that are susceptive of being derogated in emergency situations and those that are not. The second part of the paper analyses the current phase of the pandemic in which it is perceived as a 'new normal' and focuses on making the EU asylum system immune to Covid-19 influence to the greatest extent possible and in line with relevant EU and human rights rules. The author insists on the vulnerability as an inherent feature of persons in need of international protection and researches upon the relationship between the two competing interests involved – protection of asylum seekers and ensuring public health as a legitimate reason for restricting certain asylum seekers’ rights. The final part of the paper analyses the prospects of the future EU asylum system, as announced by the New Pact on Migration and Asylum in September 2020, to adapt to the exigencies of both the current Covid-19 crisis and pandemics that are yet to come. With an exclusive focus on referral to Covid-19 and provisions relevant for the current and future pandemics, the author criticizes several solutions included in the instruments that make up the Pact. It is concluded that the Pact failed to offer solutions for problems experienced during the Covid-19 pandemic and that, under the pretext of public health, it prioritizes the interests of Member States over the interests of applicants for international protection.

scholarly journals Mediation: european experience, ukrainian realities and prospects

Legal Ukraine ◽  
2019 ◽  
pp. 6-9
Author(s):  
Iryna Hermakivska
Keyword(s):  
Legal System ◽  
Corporate Law ◽  
European Countries ◽  
European Policy ◽  
Basic Principles ◽  
Member States ◽  
Eu Member States ◽  
European Experience ◽  
Legislative Regulation ◽  
The Eu

Тhe lack of consolidation and legislative regulation of mediation in the system of Ukrainian legislation is the reason for the narrowing of the spectrum of alternative ways of resolving disputes in comparison with the EU Member States. Taking into account the pro-European policy of Ukraine and relying on current legal realities, we aim to formulate the concept of introducing mediation into the legal system of Ukraine on the basis of research and use of European experience in this field as a basis. The article outlines the basic principles of mediation recognized by European countries and proposes the best ways to solve the problem of the lack of legislative consolidation of mediation as a subject of corporate law.

scholarly journals Social protection of non-removable rejected asylum-seekers in the EU

2017 ◽  
Vol 19 (4) ◽  
pp. 313-334 ◽  
Author(s):  
Paul Schoukens ◽  
Siemen Buttiens
Keyword(s):  
Asylum Seekers ◽  
Social Protection ◽  
Legal Framework ◽  
Added Value ◽  
The European Union ◽  
Member States ◽  
International Protection ◽  
Eu Member States ◽  
Policy Choices ◽  
The Eu

Asylum-seekers whose application for international protection in the European Union (EU) is rejected receive a return decision. However, the enforcement of this decision may be temporarily impossible due to legal or practical barriers, or policy choices. An assessment of the provisions in the Returns Directive offering social protection to non-removable rejected asylum-seekers shows that only limited standards of protection are guaranteed. Consequently, the EU Member States are left plenty of room to manoeuvre. This article raises the question of what social protection this particular group is legally entitled to in a sample of 17 EU Member States. For the purpose of this article, ‘social protection’ is defined as access to the labour market, health care and social benefits. This study finds that Member States’ approaches differ markedly with respect to each of these three issues. Furthermore, it questions the added value of the current legal framework at the level of the EU. Finally, some suggestions for improving the level of social protection of non-removable rejected asylum seekers are put forward.

BIOECONOMY DEVELOPMENT POTENTIAL BASED ON MORE EFFICIENT LAND USE IN THE EU

2015 ◽  
Author(s):  
Irina PILVERE ◽  
Aleksejs NIPERS ◽  
Bartosz MICKIEWICZ
Keyword(s):  
Green Growth ◽  
Member States ◽  
Eu Member States ◽  
Growing Stock ◽  
Europe 2020 ◽  
Europe 2020 Strategy ◽  
Analysis And Synthesis ◽  
Key Industries ◽  
The Eu ◽  
Production Resource

Europe 2020 Strategy highlights bioeconomy as a key element for smart and green growth in Europe. Bioeconomy in this case includes agriculture, forestry, fisheries, food and pulp and paper production, parts of chemical, biotechnological and energy industries and plays an important role in the EU’s economy. The growth of key industries of bioeconomy – agriculture and forestry – highly depends on an efficient and productive use of land as a production resource. The overall aim of this paper is to evaluate opportunities for development of the main sectors of bioeconomy (agriculture and forestry) in the EU based on the available resources of land. To achieve this aim, several methods were used – monographic, analysis and synthesis, induction and deduction, statistical analysis methods. The findings show that it is possible to improve the use of land in the EU Member States. If all the Member States reached the average EU level, agricultural products worth EUR 77 bln would be annually additionally produced, which is 19 % more than in 2014, and an extra 5 billion m3 volume of forest growing stock would be gained, which is 20 % more than in 2010.

THE STANDARD OF LIVING OF HOUSEHOLDS IN POLAND COMPARED TO OTHER EU MEMBER STATES

2015 ◽  
Vol 5 (2) ◽  
pp. 634-638
Author(s):  
Joanna Szwacka Mokrzycka
Keyword(s):  
Economic Development ◽  
Economic Condition ◽  
Standard Of Living ◽  
Consumption Expenditure ◽  
Member States ◽  
Eu Member States ◽  
Financial Condition ◽  
Starting Point ◽  
Structure Of Consumption ◽  
The Eu

The objective of this article is to present the standard of living of households in Poland in comparison with other EU member states. The starting point for analysis was the economic condition of Poland against the background of other EU member states. The next step consisted of assessment of the standard of living of inhabitants of individual EU member states on the basis of financial condition of households and the structure of consumption expenditure. It was found that the differences within the EU in terms of economic development and the standard of living of households still remain substantial.

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

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