scholarly journals Solidarity Cities and Cosmopolitanism from Below: Barcelona as a Refugee City

2019 ◽  
Vol 7 (2) ◽  
pp. 198-207 ◽  
Author(s):  
Óscar García Agustín ◽  
Martin Bak Jørgensen
Keyword(s):  
Human Rights ◽  
Municipal Government ◽  
Political Community ◽  
Refugee Crisis ◽  
Member States ◽  
Eu Member States ◽  
Solidarity Movement ◽  
Almost All ◽  
The City ◽  
The Eu

The so-called ‘refugee crisis’ provoked a wave of solidarity movements across Europe. These movements contrasted with attitudes of rejection against refugees from almost all EU member states and a lack of coordinated and satisfactory response from the EU as an institution. The growth of the solidarity movement entails backlash of nationalized identities, while the resistance of the member states to accept refugees represents the failure of the cosmopolitan view attached to the EU. In the article, we argue that the European solidarity movement shapes a new kind of cosmopolitanism: cosmopolitanism from below, which fosters an inclusionary universalism, which is both critical and conflictual. The urban scale thus becomes the place to locally articulate inclusive communities where solidarity bonds and coexistence prevail before national borders and cosmopolitan imaginaries about welcoming, human rights, and the universal political community are enhanced. We use the case of Barcelona to provide a concrete example of intersections between civil society and a municipal government. We relate this discussion to ongoing debates about ‘sanctuary cities’ and solidarity cities and discuss how urban solidarities can have a transformative role at the city level. Furthermore, we discuss how practices on the scale of the city are up-scaled and used to forge trans-local solidarities and city networks.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

scholarly journals Zastoupení členských zemí v Evropském parlamentu po volbách 2019

2020 ◽  
Vol 12 (2) ◽  
pp. 1-18
Author(s):  
Jakub Charvát
Keyword(s):  
Political Representation ◽  
European Parliament ◽  
The European Union ◽  
Political Systems ◽  
Member States ◽  
Individual Level ◽  
Eu Member States ◽  
Spatial Aspect ◽  
Almost All ◽  
The Eu

Modern democratic political systems are hardly conceivable without political representation. This also applies to the European Union, a unique international organisation with a directly elected and fully-fledged assembly representing the EU citizens. Because geography is central to the operation of almost all electoral systems and the European Parliament is the first transnational assembly based on the Member States representation, the paper explores the spatial aspect of the composition of the European Parliament resulting from the 2019 election. The representation in the European Parliament may be degressively proportional, which implies malapportionment of seats across the EU Member States. The paper, thus, seeks to quantify the malapportionment in the 2019 election at both the aggregate level (by the adaption of Loosemore and Hanby´s distortion index) and individual level (advantage ratio and the value of a vote). It concludes malapportionment was just below 14,5% of the total seats in 2019 while the 2019 election did not bring the degressively proportional representation in the European Parliament as required by the Lisbon Treaty.

Eastern EU views on migrants will not change soon

2015 ◽  
Keyword(s):  
Free Flow ◽  
Refugee Crisis ◽  
Member States ◽  
Content Type ◽  
Immigrants And Refugees ◽  
Eu Member States ◽  
Eu Integration ◽  
The Eu

Significance A rift has opened between the eleven former communist EU member states (EU-11), and such older members as Germany and Sweden, over attitudes towards immigrants and refugees, who are making for the EU in ever-greater numbers. The rift, which is based on different histories, levels of multi-culturalism, experiences in integrating minorities and histories of emigration rather than immigration, is driving policy in different directions within the EU. Impacts Several of the EU-11 bloc will continue to oppose mandatory quotas for accepting refugees. The issue may have long-lasting effects on further EU integration, and Euro-scepticism will rise in the EU-11. The refugee crisis may result in further, long-lasting limitations to the free flow of people within the Schengen zone.

scholarly journals Contradictions in Frontex Operations: the Push-back

2020 ◽  
Vol 20 (4) ◽  
pp. 85-92
Author(s):  
Gábor Kemény ◽  
Michal Vít
Keyword(s):  
European Union ◽  
Human Rights ◽  
Influencing Factors ◽  
Fundamental Rights ◽  
Organisational Structure ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The aim of the paper is to introduce the legal misfits between the standards of human rights as stated by the European Union and the Council of Europe and practical day to day experience related to EU member states. For this purpose, the article focuses on political and legal assessment of the so-called pushbacks at the Greek-Turkish external border and introduces the influencing factors, such as the various interpretation of the legislation, differences in the organisational structure and values. Authors concluded that these factors are endangering the fulfilment of the fundamental rights and the efficiency of the border protection thus the security of the EU and its member states.

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 Failing Solidarity: Justified or Excused?

2020 ◽  
Vol 12 (02) ◽  
pp. 189-218
Author(s):  
Eleonora Milazzo
Keyword(s):  
European Union ◽  
Real World ◽  
Refugee Crisis ◽  
Member States ◽  
The Real ◽  
Eu Member States ◽  
Wide Range ◽  
To Come ◽  
The Eu

The concept of solidarity has been receiving growing attention from scholars in a wide range of disciplines. While this trend coincides with widespread unsuccessful attempts to achieve solidarity in the real world, the failure of solidarity as such remains a relatively unexplored topic. In the case of the so-called European Union (EU) refugee crisis, the fact that EU member states failed to fulfil their commitment to solidarity is now regarded as established wisdom. But as we try to come to terms with failing solidarity in the EU we are faced with a number of important questions: are all instances of failing solidarity equally morally reprehensible? Are some motivations for resorting to unsolidaristic measures more valid than others? What claims have an effective countervailing force against the commitment to act in solidarity?

scholarly journals EU Refugee Crisis: A Stumbling Block to the Process of European Integration?

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Dionysios Stivas
Keyword(s):  
European Union ◽  
European Integration ◽  
Refugee Crisis ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eu Integration ◽  
The Future ◽  
The Eu

Currently, the European Union (EU) is dealing with an unprecedented refugee crisis which has been blamed for bringing the process of the EU integration to an impasse. By applying theories of European (dis)integration, this paper assesses the extent to which the current refugee crisis constitutes an impediment to the future of the European Union. This paper’s analysis is constructed around two hypotheses: (1) the refugee crisis triggered Brexit and the failure of the EU’s relocation scheme, symptoms of the EU’s disintegration; (2) the refugee crisis has a dual potential: to simultaneously promote the deeper integration and the disintegration of the EU. To test these hypotheses, this paper examines if and how the refugee crisis is related to Brexit and whether the rebellious reaction of certain EU member states to the implementation of the EU relocation scheme is a sign of reversal in the process of EU integration.

scholarly journals Human Rights in the EU Return Policy: The Case of the EU-Albania Relations

2012 ◽  
Vol 14 (1) ◽  
pp. 95-114 ◽  
Author(s):  
Sokol Dedja
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Member States ◽  
Eu Member States ◽  
Return Policy ◽  
The Third ◽  
Protection Of Human Rights ◽  
Effectiveness And Efficiency ◽  
Return Process ◽  
The Eu

Abstract The examination of the approach of the EU return policy to Albania – a country to which the EU returns about one fifth of the total number of the third country nationals removed – demonstrates that the predominant focus of the EU return policy on the effectiveness and efficiency of returns has left little room for safeguarding the human rights of the returnees. The article finds that the return procedures of the readmission agreement that should guarantee the protection of human rights in the return process are not observed by the EU member states. There are insufficient guarantees that the reception and possible detention of returnees in Albania will offer a dignified treatment. Moreover, the readmission agreement opens the way for the return of asylum seekers to Albania in line with the ‘safe third country’ practice in the absence of conditions that ensure effective access to fair and efficient asylum procedures and protection in the country.

Resolution 2300 (Council of Eur. Parl. Assembly)

2020 ◽  
Vol 59 (3) ◽  
pp. 487-494
Author(s):  
David Lewis
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
Eu Directive ◽  
The Eu

This Resolution was adopted in October 2019 following a report of the Committee on Legal Affairs and Human Rights. It has to be seen in the context of previous Council of Europe activity on this topic as well as the European Union (EU) Directive on the protection of persons who report breaches of Union law. The content of the EU Directive was agreed earlier in 2019 and EU Member States are obliged to transpose it into national legislation by December 2021.

scholarly journals Prisoner Transfer Within the Irish-UK Common Travel Area (CTA) After Brexit: Human Rights Between Politics and Penal Reform

2020 ◽  
pp. 002201832097752
Author(s):  
Tim J Wilson
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Member States ◽  
Eu Member States ◽  
Penal Reform ◽  
Long Duration ◽  
Domestic Courts ◽  
Uk Government ◽  
The Uk ◽  
The Eu

The UK Government proposed in February 2020 that sentenced prisoner transfers with EU member states should continue after Brexit, but using a more ‘effective’ process than the existing CoE convention. The article analyses, with a particular focus on the Irish-UK CTA, the significance of continued UK human rights compliance for the achievement of this objective and the interrelationship of this issue with extradition/surrender (including the surrender of fugitive prisoners). It is concluded that Brexit has most probably raised the level of formal and institutional human rights compliance (including legal aid/assistance and the direct enforcement of prisoners’ rights in domestic courts) required from the UK for criminal justice cooperation with EU member states. Entering into such undertakings would not assist criminal impunity or the evasion of lawfully imposed penalties. Such undertakings, however, cannot help to resolve many problems inherent in prisoner transfer within the EU. The creation of a truly effective and rehabilitative transfer system would require (a) constructive UK Government participation in inter-governmental (including the UK devolved governments)/EU arrangements capable of incrementally resolving or effectively mitigating criminal justice cooperation problems and (b) acceptance at Westminster that this aspect of post-Brexit readjustment is likely to be intermittent and of long-duration.

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