scholarly journals The Unaccompanied or Separated Minor In The Asylum Procedure

2017 ◽  
Vol 23 (2) ◽  
pp. 156-161
Author(s):  
Andra Maria Brezniceanu

Abstract The unaccompanied or separated minor is, according to the European Union body of legislation regarding asylum and migration, one of the extremely vulnerable categories of persons, and the risk of vulnerability is amplified in the case of the unaccompanied or separated minor - asylum seeker. Ever since the EU pre-accession period Romanian legislation reconciled, according to the European model, the requirements of the rules on migration with humanism provisions in the field of child rights. The images in the media about the migratory flows in recent years have revealed a system that requires imperatively legislative changes, adapting procedures, innovative work tools, including the case of the unaccompanied minor asylum seeker. In this article I intend to analyze the existing legislative framework in Romania, highlighting the positive aspects of the law and those which I believe that should be reconsidered so that the interests of the minor in the asylum procedure to be properly protected.

2020 ◽  
Vol 3 (1) ◽  
pp. 107-127
Author(s):  
Tamar Khuchua

The Court of Justice of the European Union has suggested that when the concept set out in the EU regulation is not defined by that regulation, it should be understood according to its usual, everyday meaning. There is no doubt that the understanding of ‘bad faith’ might differ from one person to another and especially from one firm to another. Indeed, ‘bad faith’ in trade mark law might take many different forms which are not easy to detect as the large number of cases concerning the issue of ‘bad faith’ in relation to national and EU trade marks illustrate. By analysing the current legislative framework as well as the case law of the Court of Justice of the European Union, the paper suggests that in order to maintain and even extend the smooth functioning of the EU trade mark system, legislative changes should be introduced. In particular, it is argued that it is reasonable to examine the intention of trade mark applicants already at the application stage in order to avoid the waste of resources and the burden of dealing with the trade marks registered in ‘bad faith’ in the invalidity proceedings post factum and to provide a non-exhaustive list of what elements the ‘bad faith’ can consist of. These amendments should also do good in terms of serving the broader goals of the EU law, which amongst others include, undistorted competition, legal certainty and sound administration.


Author(s):  
Tsourdi Evangelia (Lilian)

This chapter examines refugee protection in Europe, defining Europe based on its two distinct legal regimes, the European Union (EU) and the Council of Europe (CoE). The EU and its Member States have developed a regional asylum framework, encompassing legislative, responsibility-allocation, and practical components. In parallel, EU border control, visa, and migration measures impact asylum by deflecting protection obligations to non-EU countries. The chapter then analyses the EU’s ambivalent asylum system before turning to the CoE, focusing on both the European Convention on Human Rights and soft law adopted in the CoE framework. EU asylum law has an expansive impact beyond the EU, including in neighbouring non-EU countries. To illustrate these expansive trends, the chapter looks at refugee protection in Turkey and Ukraine.


2020 ◽  
Vol 4 (1) ◽  
pp. 135-161
Author(s):  
Anna M. Palau ◽  
Miquel Ansemil

Abstract This article explores to what extent the euro crisis brought about unprecedented attention to the European Union (EU) and if so with what consequences on the media visibility of different political actors in Spain. Drawing on a database of more than 27,000 stories published in the most read Spanish newspaper from 2004 to 2012, we demonstrate that following the outbreak of the crisis, executive elites receive more media coverage than social movements, trade unions, and challenger parties critical with EU policies and decisions. The media coverage of EU affairs, however, is not business as usual. Executive elites receive disproportionate media attention but they are no longer presented using the EU following credit-claiming strategies. Our results also indicate that the media are not passive actors that respond to institutional determinants but might be actively involved in the process of giving some actors more visibility in public debates on EU affairs.


2016 ◽  
Vol 8 (1) ◽  
pp. 265-282
Author(s):  
Tomasz Łachacz ◽  
Sylwester Zagulski

Unemployment is classified today as one of the main threats to society. The phenomenon affects the lives of individuals, the functioning of families and society and development of the state. It is often the source of other social problems such as poverty, violence, or social pathologies. The article presents the scale and nature of unemployment occurring after 1989 in Poland and in selected European Union countries, i.e. the Netherlands, Spain, Slovakia and Latvia. It attempts to show the characteristic trends of the phenomenon over a period of more than two decades. Examples from the European countries analysed show that the situation in the labour market and the approach to employment are radically different. Individual countries are characterised by very different unemployment rates, which reflect their different size, economic and demographic potential, or are associated with the tradition of employment. The existence of differences seems to be normal, but their scale may give rise to concern. A characteristic feature of unemployment in the period analysed is its regional diversity, both in Poland and in the whole of the European community. Important factors that determine the level of unemployment are age, sex, education and people’s qualifications. The effects of long-term unemployment are very painful for the whole of society. Such a situation can lead to, amongst others, poverty, societal antagonism, violence and migration. The latter is an issue that the whole of Europe is currently struggling with. The uncontrolled influx of immigrants, including those migrating for economic reasons, causes fear of losing their job among Europeans, which in turn translates into the radicalisation of society. A role of the state and the EU institutions is to create an effective mechanism for the protection and support of the unemployed. This is a prerequisite for Europeans to continue the project which is a common united Europe.


Author(s):  
Sylwia Kurszewska ◽  
Andrzej Stępniak

The fifth enlargement in 2004, from 15 to 25 countries, was the biggest in the Union’s history. The European Union currently consists of 28 Member States. One of them started the process of exit from the EU and is due to leave the EU at the end of March 2019. Free movement of workers is one of the reason. Time when 10 countries will celebrate the fifteenth anniversary of their accession to the UE and one country leave it after 46 years, may be a good time for confrontation with the media message about this topic and diligent research on the short-term and long-term effects of labour migration. There are different views on the free movement of people from the EU. Europeans generally see this freedom as one of the most positive results of the EU, however there are countries with more positive results of labor migration and some where it is seen rather like a problem than an opportunity. Hungarians and Poles – depended on their resourcefulness, ingenuity and spirit of enterprise – benefit from being a part of developed single market. Experiences of both countries are different due to many factors. The same with the UK and other UE member states. However, the EU has now faced a serious problem of the immigration from outside Europe. Opinions of members states are highly divided about this topic.


2015 ◽  
Vol 12 (1-2) ◽  
pp. 21-31
Author(s):  
Árpád Kiss

Hungary lies in the route of the stream of refugees coming from the Balkan. It is a transit country, so the refugees do not typically intend to stay here, they rather wish to travel torwards to West- and North Europe. Particular sections of Hungary's border also mean the external borders of the European Union, the area of freedom, security and justice, which has a common asylum system. Significant part of illegal immigrants presents asylum claim only to avoid the aliens procedures. From the 1st of January 2013, the legislature terminated the aliens detention against asylum applicants. From 1st of July 2013 the Hungarian legislature reintroduced the possibility of detention of applicants. The new regulation has been placed in Act LXXX of 2007 on the Right of Asylum, Sections 31/A-31/H by Act XCIII of 2013 on the Amendment of Particular Laws Concerning Law Enforcement. The introduction of asylum-seeker detention and the practice of its application have raised dust. In my essay I am introducing the connections between the reasons of ordering asylum-seeker detention in the Act on Asylum and its backgroud in the EU Directive. I am not dealing with the question of compatibility of asylum detention and human rights and with problematic procedural issues, because I consider it more important to review the substantive conditions of asylum-seeker detention and the certain practical questions of its application therefore I am focusing on this segment of jurisdiction.


Author(s):  
Yana Kybich

June 2016 was marked by a landmark event - the so-called Brexit (literally from Britain’s exit ) – a referendum in which 52% of the population voted for the withdrawal of the United Kingdom from the European Union and only 48% - against. The significant changes that took place in the UK in the summer of 2016, finally split British society into those who are for and against leaving the European Union. The British media acted as a platform for political debates and discussions on the key issue of Britain’s stay in the EU. The most powerful media conglomerate, of course, had a decisive influence on the mood of those who voted, intensifying social polarization, which was reflected in the results of the fateful referendum. Elements of the British media played a key role in the debate over the referendum on the country’s membership in the European Union. The exit vote was influenced by a long campaign against the EU and against migration from EU countries. Throughout the campaign, virtually all media are in flagrant violation of journalistic standards of objectivity, fairness, and accuracy, becoming essentially propaganda bodies. The relevance of the study is due to the fundamental changes in British society related to the Brexit process, as well as the importance for politicians and the public of understanding public opinion and the media about Brexit. In addition, it is important to see how the view of Brexit has changed. It is necessary to find out the benefits, priorities and understanding of different scenarios, the driving forces behind these attitudes, and whether they change in response to statements and remarks by politicians and public figures. Britain’s withdrawal from the European Union is important for the whole world, as it affects the changing geopolitics of the whole of Europe. This topic is important for understanding the study of the political preferences of British society and the British media during the Brexit process. It can be stated unequivocally that both Brexit and the subsequent US election campaign in 2016 showed another example of skillful speculation in facts and figures, the successful creation and dissemination of unverified “viral information” through the media, which in the era of telecommunications has become a particularly effective tool for manipulation of public sentiment. The example of Brexit has demonstrated how to take the success of such campaigns to a new level, using all types of media (from traditional to electronic, including social networks), through which you can introduce into society binary oppositions that divide it, to introduce into the information space certain political figures, to popularize the necessary moods and slogans, to simplify the political process to the level of a show.


Author(s):  
Maria Kontochristou

The Greek sovereign debt crisis has not only raised concerns about the deficiencies of the European Monetary Union (EMU) and the effects of the Eurozone crisis on member states' politics and administration, but also has challenged the establishment of the Eurozone itself. The crisis has revealed a lack of democratic legitimacy whereas has severely questioned ‘Europeanness'. The chapter examines solidarity as one of the fundamental principles of the European Union (EU) and pylons of the European society and identity. In particular, the chapter discusses the concept of solidarity within the EU and examines the role of discourse at the EU level. Especially, it examines what type of discourse the EU political elites and the media have engendered regarding European solidarity in the case of Greece.


2020 ◽  
pp. 175048132098215
Author(s):  
Petre Breazu ◽  
Göran Eriksson

The lifting of work restrictions for Romanian and Bulgarian citizens in the EU, in January 2014, encountered much resistance both in European political discourse and the media, as these migrants became demonised and presented as social and economic threats. In this article, we show how the Romanian press dealt with such discriminatory discourses against the Romanian migrants. We conduct a thorough Multimodal Critical Discourse Analysis (MCDA) of news items published in Romanian press, prior to the lifting of work restrictions, and we argue that the Roma emerged as the perfect scapegoats that could explain the deviant and unruly behaviours ascribed by some western media to ‘Romanians’. We also show how racism toward the Roma, referred here as Romaphobia, invokes non-racial practices and instead builds on a reverse victimhood narrative. Such discourses relate in a broader sense to well-established discursive practices in Romanian context but also to the political climate across Europe which is marked by increased intolerance toward the Roma. It is the mixture of stereotypical discourses and populist rhetoric that makes racism towards the Roma appear naturalised and increasingly more difficult to challenge.


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