scholarly journals The Schengen Border and the Criminalization of Migration in Slovenia

Südosteuropa ◽  
2019 ◽  
Vol 67 (3) ◽  
pp. 304-327
Author(s):  
Veronika Bajt

Abstract Detention, expulsion and deterrence have become the predominant policy response to migration. It is reported that it is becoming increasingly difficult even to claim asylum in the EU. All states restrict border access, but immigration is criminalized most stringently in cases of asylum. Noting how many national jurisdictions are adopting ever more restrictive immigration control systems, the author discusses the recent criminalization of migration in Slovenia. The country’s former internal Yugoslav boundary became the European Union’s Schengen border in 2007, and what was a permeable demarcation between Slovenia and Croatia up to 1991 has now become a hard border, subject to securitization and surveillance. The author explores the policy-making surrounding the symbolic construction of Slovenia as an EU member state which has been charged with the role of Schengen border defender. She shows how this shift has become apparent in Slovenia’s immigration management policies, administrative practices, and political discourse.

Author(s):  
Christopher Bickerton

This chapter explores the role of member states in European integration. It first looks at the idea of member statehood, exploring its ambiguities and arguing for a more sophisticated understanding of what it means to be a ‘member state’ of the EU. The chapter considers in detail the role played by member states in the EU, highlighting in particular the centrality of member state governments and their power to EU policy-making and its institutions. At the same time it notes the relative absence of member state publics. The chapter ends with a reflection on whether there is a return of the nation-state, with its associated trends of nationalism and inter-state rivalry.


2014 ◽  
Vol 9 (3) ◽  
pp. 316-343 ◽  
Author(s):  
Léa Sébastien ◽  
Tom Bauler ◽  
Markku Lehtonen

This article examines the various roles that indicators, as boundary objects, can play as a science-based evidence for policy processes. It presents two case studies from the EU-funded POINT project that analyzed the use and influence of two highly different types of indicators: composite indicators of sustainable development at the EU level and energy indicators in the UK. In both cases indicators failed as direct input to policy making, yet they generated various types of conceptual and political use and influence. The composite sustainable development indicators served as “framework indicators”, helping to advocate a specific vision of sustainable development, whereas the energy indicators produced various types of indirect influence, including through the process of indicator elaboration. Our case studies demonstrate the relatively limited importance of the characteristics and quality of indicators in determining the role of indicators, as compared with the crucial importance of “user factors” (characteristics of policy actors) and “policy factors” (policy context).


Author(s):  
Markus Patberg

This chapter presents an institutional proposal for how citizens could be enabled—in the dual role of European and national citizens—to exercise constituent power in the EU. To explain in abstract terms what an institutional solution would have to involve, it draws on the notion of a sluice system, according to which the particular value of representative bodies consists in their capacity to provide both transmission and filter functions for democratic processes. On this basis, the chapter critically discusses the proposal that the Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union (COSAC) should transform itself into an inter-parliamentary constitutional assembly. As this model allows constituted powers to continue to operate as the EU’s de facto constituent powers, it cannot be expected to deliver the functions of a sluice system. The chapter goes on to argue that a more convincing solution would be to turn the Convention of Article 48 of the Treaty on European Union into a permanent constitutional assembly composed of two chambers, one elected by EU citizens and the other by member state citizens. The chapter outlines the desirable features of such an assembly and defends the model against a number of possible objections.


2014 ◽  
Vol 5 (3) ◽  
pp. 314-323 ◽  
Author(s):  
Lorna Schrefler ◽  
Jacques Pelkmans

Risk regulation is a major task of the EU. In this context, scientific knowledge and advice is critical to the preparation, formulation, legislation and later revision of EU risk regulation. However and with some notable exceptions (e.g. some EU Agencies, DG SANCO), there seems to be no systematic view, let alone, organisation for the ‘use of science’ for EU policy–making. It is in this light that the new function of Chief Scientific Advisor (CSA) to the President of the European Commission can best be appreciated. The authors first sketch how ‘science’ is used in the EU regulatory regime and what is or has become problematic about it. Subsequently, an informal SWOT analysis of the ‘use of science’ for EU policy is conducted. The contribution ends with an attempt to evaluate the CSA's accomplishments to date and how it can contribute to improving EU regulation. This is followed by a few recommendations on how the role of the CSA could be strengthened in the near future.


Author(s):  
Ulrika Mörth

These chapters revolve around questions concerning what kind of polity Sweden became part of in 1995, in what ways Sweden has been transformed due to membership in the EU, and what role a relatively small member state can play in the European political arena. The first chapter analyzes different interpretations of the governance turn in the EU and how these turns relate to Swedish policy-making. The second chapter examines how the EU has transformed the Swedish administrative state by different governance processes. The third chapter studies the Europeanization of Swedish foreign policy and changed role conceptions. The fourth chapter shows that Sweden influenced EU politics during its presidencies but that the scope and conditions of the influence lie outside the control of the presidency.


2013 ◽  
Vol 5 (1) ◽  
pp. 417-450 ◽  
Author(s):  
Nikolas Sellheim

Abstract The European Union’s ban on the placing on the market of seal products stemming from commercially hunted seals has triggered much controversy due to its negative impacts on Arctic livelihoods. This article looks at the different documents and steps that constitute the crafting process which has led to the adoption of Regulation 1007/2009 on trade in seal products. It puts special emphasis on the degree of recognition of commercial sealing as a livelihood and asks if it is a tradition that may have been neglected by the political discourse in the EU. Also the role of antisealing groups is considered that may have contributed to a pre-determined stance on the commercial seal hunt during the policy-making process.


Author(s):  
Susanne K. Schmidt

The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states’ preferences. In this book, I argue that the implications of the supremacy and direct effect of the EU law have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court’s case law. If rulings have constitutional status, their impact is considerable, even if the Court only occasionally diverts from member states’ preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court’s development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation cannot move beyond case law but have to codify its principles. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies, and into administrative practices. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union and its member states, undermining the legitimacy of this political order.


Author(s):  
Mark A. Pollack ◽  
Helen Wallace ◽  
Alasdair R. Young

This chapter examines trends and challenges in European Union policy-making during times of crisis. It first considers the main trends in EU policy-making that emerge from policy case studies, including experimentation with new modes of policy-making, often in conjunction with more established modes, leading to hybridization; renegotiation of the role of the member states (and their domestic institutions) in the EU policy process; and erosion of traditional boundaries between internal and external policies. The chapter proceeds by discussing the issue of national governance as well as the interaction between European and global governance. Finally, it explores how the EU has responded to the challenges of coping with enlargement from fifteen to twenty-eight member states, digesting the reforms adopted following the implementation of the Treaty of Lisbon, and responding to the economic dislocation associated with the global financial crisis.


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