Migration Policy in the New Ecuadorean Constitution

2015 ◽  
Vol 43 (1) ◽  
pp. 175-186 ◽  
Author(s):  
Jacques P. Ramírez G.
Keyword(s):  
Migration Policy ◽  
Free Movement ◽  
Nation State ◽  
New Model ◽  
Transnational Family ◽  
The Status ◽  
The Right

Ecuador’s new constitution, approved in 2008, establishes the basis for a new model of the nation-state, characterized as progressively transnational, that attempts to protect both Ecuadoreans living abroad and foreigners residing in the country. It recognizes the right to migrate and the transnational family and advocates universal citizenship, the free movement of all inhabitants of the planet, and the eventual end of the status of foreigner as an element of the transformation of unequal relations between countries.En la nueva constitución de la República del Ecuador, probada en el año 2008, se sienta las bases de un nuevo modelo de Estado-Nación de carácter cada vez más transnacional que intenta velar por las y los ecuatorianos radicados en el exterior, así como por las personas extranjeras residentes en el país. Reconoce el derecho a migrar, la familia transnacional, ciudadanía universal, la libre movilidad de todos los habitantes del planeta y el progresivo fin de la condición de extranjero como elemento transformador de las relaciones desiguales entre los países.

PECULIAR DETAILS OF FOREIGN CITIZENS STAYING ON THE TERRITORY OF THE RUSSIAN FEDERATION

2019 ◽  
pp. 121
Author(s):  
Alexandra Borimecicova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Migration Policy ◽  
Legal Analysis ◽  
Distinctive Features ◽  
Work Permit ◽  
Right To Work ◽  
The Status ◽  
The Russian Federation ◽  
The Right

The article considers the peculiarities of foreign citizens stay on the Russian Federation territory. The rights and freedoms of foreigners guaranteed by the Constitution of the Russian Federation and other laws are reviewed and examined. The article provides a comparative legal analysis of the status and rights of both the Russian Federation citizen and a foreign citizen residing in the territory of this state. Common and distinctive features of these two categories are specified. The matters of employment of foreign citizens and restrictions on the rights to participate in labor relations, which is due to the fact that non-citizens have the right to work only if they have a work permit, are also considered. In its turn, the component of migration policy is revealed, that is, the problem of expulsion and deportation of a foreign citizen from the Russian Federation is touched upon. Administrative expulsion and deportation of foreign citizens from the Russian Federation is a form of state activity that regulates relations with foreign citizens and is aimed to protect the State border.

Dislodged from History, Confronted by Walls : Picturing Migration as a Global Emergency

2022 ◽  
Author(s):  
Dora Apel
Keyword(s):  
Visual Representations ◽  
Free Movement ◽  
Nation State ◽  
Forced Displacement ◽  
The Right ◽  
National Borders

This essay examines select visual representations of refugees and migrants as embodied subjects in photography, art, and video. It focuses on American asylum politics and explores the questions of free movement, the right to have rights, and the ethics and efficacy of border walls. It argues that the catastrophe of global forced displacement makes the elimination of national borders and the nation state itself a revolutionary necessity.

A Blurred Piece of Jigsaw: On the Status of Jobseekers within the Framework of Directive 2004/38

2020 ◽  
Vol 22 (4) ◽  
pp. 571-596
Author(s):  
Rufat Babayev
Keyword(s):  
Systematic Approach ◽  
Free Movement ◽  
Member States ◽  
Legislative Change ◽  
Eu Member States ◽  
National Implementation ◽  
The Status ◽  
The Right ◽  
The Eu

Abstract This article explores the status of jobseeker in Directive 2004/38 that is aimed to simplify and strengthen the right of free movement and residence of all Union citizens. Unlike the categories of economically active and inactive persons, Directive 2004/38 employs a somewhat piecemeal approach towards setting out the status of jobseekers. It is submitted that this leads to much uncertainty over their residence rights and raises the prospect of divergent national implementation measures, leaving much leeway for the adoption of stringent approaches. While this is manifested itself, for instance, in the UK’s policy towards Union jobseekers, it is also particularly salient within the framework of the EU-UK Withdrawal Agreement that authorises a constitutive approach to post-Brexit residence status, which is shown to carry a greater risk for UK nationals residing in EU Member States. Both instances are argued to further substantiate the need for a more systematic approach towards the outline of the status of jobseeker in Directive 2004/38, though the introduction of any legislative change may not currently be politically viable.

scholarly journals The Labyrinth of Employment and Social Rights in the EU Intra-Corporate Transfer Directive

2020 ◽  
pp. 203195252096736
Author(s):  
Herwig Verschueren
Keyword(s):  
Social Security ◽  
Migrant Worker ◽  
Migration Policy ◽  
Equal Treatment ◽  
Temporary Workers ◽  
Member States ◽  
The Status ◽  
The Right ◽  
Rome I ◽  
The Eu

Directive 2014/66/EU on Intra-Corporate Transfer regulates the temporary secondment of key personnel and trainees from third countries to the Member States of the EU. It is part of the EU external labour migration policy and aims at facilitating this policy by setting up harmonised conditions for admission, residence and work of these migrants, including the right to move and work in another Member State. This article analyses the role and meaning of the provisions in this Directive relating to the employment and social security rights of intra-corporate transferees. They are the result of cumbersome negotiations and the compromises that were reached are ambiguously and inconsistently formulated. First, this article will highlight the relevance of the worker’s employment position for determining the scope of this Directive. Next, it will analyse the role of employment and social security rights in the implementation of the Directive by the Member States. These rights are relevant as criteria for admission, as grounds for rejection of an application, as grounds for withdrawal or non-renewal of an ICT permit and as conditions for short-term and long-term mobility within the EU. Subsequently, this article will scrutinise, in detail, the provisions of Article 18 of the Directive which guarantee equal treatment with the nationals of the host State in respect of employment and social security rights. Special attention will be paid to the interrelationship of this Directive with other EU legal instruments such as the Posting of Workers Directive, the Rome I Regulation and social security Regulation 883/2004. It concludes that the complicated and contradictorily worded provisions on employment and social security rights in this Directive reflect the ambiguity in the perception of the status of this type of migrant worker coming from a third country: are they to be considered as temporary workers or do they really participate in the labour market of the host Member States?

scholarly journals Disability and the Right to Have Rights

2007 ◽  
Vol 27 (1/2) ◽  
Author(s):  
Tobin Siebers
Keyword(s):  
Human Rights ◽  
Nation State ◽  
International Human Rights ◽  
The Status ◽  
International Human ◽  
Rights Discourse ◽  
The Right ◽  
Human Rights Discourse

A major debate over human rights discourse concerns whether human rights should be guaranteed by the nation-state based on citizenship or whether they should be guaranteed internationally on the basis of the status of the rights-bearing person as human. This essay intervenes in this debate, via an analysis of Hannah Arendt's idea of the right to have rights, to argue that disability, as a critical indicator of universal human frailty, should provide the basis for international human rights.

Provisions Common to the Right of Residence and the Right of Permanent Residence

2019 ◽  
pp. 229-252
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
Economic Activity ◽  
Family Members ◽  
Free Movement ◽  
Equal Treatment ◽  
Permanent Residence ◽  
The Status ◽  
Free Movement Of Workers ◽  
The Right ◽  
Treatment Rules ◽  
The Eu

This chapter addresses Chapter V of the citizens’ Directive, which sets out a number of overarching provisions that apply both to the right of residence and the right of permanent residence. The Articles in Chapter V define the territorial scope of residence rights (Article 22) and confirm the entitlement of family members of EU citizens who move within the EU to engage in economic activity (Article 23). Further provisions elaborate on the application of the principle of equal treatment to migrant Union citizens and their family members (Article 24) and clarify the status of residence documents issued by national authorities (Article 25). Chapter V also regulates the entitlement of Member States to carry out checks on non-nationals (Article 26). Chief among these provisions is the principle of equality, which also overlaps with equal treatment rules in legislation governing the free movement of workers and the Treaty rules on equal treatment in relation to EU citizenship.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

Clergy

2018 ◽  
Author(s):  
Mark Hill QC
Keyword(s):  
Employment Status ◽  
Church Of England ◽  
The Status ◽  
The Right ◽  
The Church ◽  
And Training

This chapter focuses on the clergy of the Church of England. It first explains the process of selection and training for deacons and priests, along with their ordination, functions, and duties. It then considers the status and responsibilities of incumbents, patronage, and presentation of a cleric to a benefice, and suspension of presentation. It also examines the institution, collation, and induction of a presentee as well as unbeneficed clergy such as assistant curates and priests-in-charge of parishes, the authority of priests to officiate under the Extra-Parochial Ministry Measure, the right of priests to hold office under Common Tenure, and the role of visitations in maintaining the discipline of the Church. The chapter concludes with a discussion of clergy retirement and removal, employment status of clergy, vacation of benefices, group and team ministries, and other church appointments including rural or area deans, archdeacons, diocesan bishops, suffragan bishops, and archbishops.

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