scholarly journals MIGRATION MANAGEMENT WITHIN FAMILY REUNIFICATION

2019 ◽  
pp. 47-64
Author(s):  
Sina Fontana
Keyword(s):  
Forced Migration ◽  
Family Reunification ◽  
Eu Law ◽  
Refugee Status ◽  
Residence Permit ◽  
Marriage And Family ◽  
Refugee Protection ◽  
Basic Law ◽  
Starting Point ◽  
One Year

Family reunification is one of the purposes of stay within the Residence Act. The granting of the residence permit is fundamentally designed as a claim and must be granted if the requirements are met. In the course of ongoing forced migration, family reunification has become the focus of debates for ways to limit refugee migration. Since Article 6, Paragraphs 1 and 2 of the German Basic Law on the protection of marriage and family do not give rise to a right to entry, although its scope of protection must be taken into account when designing regulations on family reunification, the legislative scope for action is limited. The German legislature has decided that family reunification should be limited for persons with subsidiary protection status. Subsidiary protection is an element of protection that is shaped by EU law, which occurs alongside national asylum law and refugee protection, which is also shaped by EU law. Different requirements apply to these protective elements. Upon recognition, a humanitarian residence permit is issued, which differs in length depending on the protection status. While in the case of recognition as a person entitled to asylum or refugee status, the residence permit is initially issued for a period of one year, the duration in the case of subsidiary protection is only one year. In all cases there is the possibility of an extension. This different length of stay and the lower prospect of staying are the starting point for the restriction of family reunification for persons entitled to subsidiary protection in Section 36a of the Residence Act. As specified in the regulation as an example, family members of a person with subsidiary protection status can be granted a residence permit for the humanitarian reasons. The family reunification is now made dependent on the existence of further prerequisites in addition to family ties and is also designed not as a right but as a discretionary clause. In addition, the number of visas is limited to 1000 per month. Concerns about this restriction of family reunification were raised, in terms of possible violation of Article 6 Paragraphs 1 and 2 and Article 3 Paragraph 1 (Equality before the law) of the German Basic Law. Based on this, the following article carries out a constitutional analysis.

scholarly journals Re-Imagining the Concept of Forced Migration in the Face of Climate Change

2019 ◽  
Vol 7 (1) ◽  
pp. 73-98
Author(s):  
Allan M Mukuki
Keyword(s):  
Climate Change ◽  
International Law ◽  
Forced Migration ◽  
Soft Law ◽  
Refugee Status ◽  
Refugee Protection ◽  
The Face ◽  
Impacts Of Climate Change

This article analyses the impacts of climate change which are no longer only within the scientific realm. This analysis reveals the effects of climate change and the challenges that it poses to the current refugee definition and the existing regime of refugee protection in international law. An all-inclusive refugee definition under international law, to include climate change as a Convention ground for people to seek refugee status is argued for herein. Judicial expansion of the definition and the development of soft law principles to cater for climate migrants is also discussed. Nevertheless, it is also noted that there exist numerous challenges in the re-imagination of the concept of forced migration in the face of climate change. Political considerations as well as a lack of State will and consensus on the existence of climate migrants have been the most visible challenges yet.

L’absence chez Michel Butor. L’Emploi du temps et Degrés

2012 ◽  
pp. 66-80
Author(s):  
Michał Mrozowicki
Keyword(s):  
Human Memory ◽  
Point Of View ◽  
Narrative Discourse ◽  
The Novel ◽  
Michel Butor ◽  
Starting Point ◽  
One Year ◽  
The Moment ◽  
Narrative Mode ◽  
The City

Michel Butor, born in 1926, one of the leaders of the French New Novel movement, has written only four novels between 1954 and 1960. The most famous of them is La Modification (Second thoughts), published in 1957. The author of the paper analyzes two other Butor’s novels: L’Emploi du temps (Passing time) – 1956, and Degrés (Degrees) – 1960. The theme of absence is crucial in both of them. In the former, the novel, presented as the diary of Jacques Revel, a young Frenchman spending a year in Bleston (a fictitious English city vaguely similar to Manchester), describes the narrator’s struggle to survive in a double – spatial and temporal – labyrinth. The first of them, formed by Bleston’s streets, squares and parks, is symbolized by the City plan. During his one year sojourn in the city, using its plan, Revel learns patiently how to move in its different districts, and in its strange labyrinth – strange because devoid any centre – that at the end stops annoying him. The other, the temporal one, symbolized by the diary itself, the labyrinth of the human memory, discovered by the narrator rather lately, somewhere in the middle of the year passed in Bleston, becomes, by contrast, more and more dense and complex, which is reflected by an increasinly complex narration used to describe the past. However, at the moment Revel is leaving the city, he is still unable to recall and to describe the events of the 29th of February 1952. This gap, this absence, symbolizes his defeat as the narrator, and, in the same time, the human memory’s limits. In Degrees temporal and spatial structures are also very important. This time round, however, the problems of the narration itself, become predominant. Considered from this point of view, the novel announces Gerard Genette’s work Narrative Discourse and his theoretical discussion of two narratological categories: narrative voice and narrative mode. Having transgressed his narrative competences, Pierre Vernier, the narrator of the first and the second parts of the novel, who, taking as a starting point, a complete account of one hour at school, tries to describe the whole world and various aspects of the human civilization for the benefit of his nephew, Pierre Eller, must fail and disappear, as the narrator, from the third part, which is narrated by another narrator, less audacious and more credible.

Public Sector Purchase Programme (PSPP) Case

2021 ◽  
Vol 192 ◽  
pp. 451-511
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
European Central ◽  
Court Of Justice ◽  
Basic Law ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

451Economics, trade and finance — European Monetary Union — Fiscal sovereignty — Public debt — Monetary policy — Economic policy — European Union — Asset purchase programme — Quantitative easing — Central banks — European Central Bank — European System of Central Banks — BundesbankTreaties — Treaty-making powers — Constitutional limitations on treaty-making powers — Transfers of powers by States to intergovernmental and other transnational authorities — Whether compatible with constitutional prerogatives of national parliament — Overall budgetary responsibility — Basic Law of GermanyInternational organizations — European Union — Powers — Member States as masters of the treaties — Principle of conferral — Whether Union having competence to determine or extend its own powers — Principle of subsidiarity — Court of Justice of the European UnionRelationship of international law and municipal law — European Union law — Interpretation — Application — Judgment of Court of Justice of the European Union — Weiss — Principle of proportionality — Whether application of EU law having absolute primacy — Whether German Federal Constitutional Court having absolute duty to follow judgment of Court of Justice of the European Union — Compatibility with Basic Law of Federal Republic of Germany — Openness of German Basic Law to European integration — Whether purchase programme ultra vires — Whether ultra vires acts applicable in Germany — Whether having binding effect in relation to German constitutional organsJurisdiction — European Union institutions — Whether jurisdiction of German Federal Constitutional Court extending to Court of Justice of the European Union and European Central Bank — Whether acts of EU institutions subject to national constitutional review — Ultra vires review — Review of core identity of national constitution — Whether application of EU law having absolute primacy — Whether absolute duty to follow judgment of Court of Justice of the European Union — The law of Germany

The Role of the CJEU in the Strengthening of the Participation of Third-Country Nationals in the Academic Life in the EU – Analysis of the Ruling of the CJEU in Case M.A. v Consul of the Republic of Poland in N

2021 ◽  
pp. 91-106
Author(s):  
Anna Magdalena Kosińska
Keyword(s):  
National Court ◽  
Eu Law ◽  
Foreign National ◽  
Residence Permit ◽  
Voluntary Service ◽  
Court Of Justice ◽  
The Republic ◽  
New Student ◽  
The Eu

The analyzed ruling is the first judgement which the Court of Justice passed in order to provide interpretationfor the new Student Directive (2016/801 of 11 May 2016 on the conditions of entry and residence ofthird-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemesor educational projects and au pairing). Due to its judiciary activism, the Court was able to find a connectionbetween the case pending before a national court and EU law in the case of M.A. In the end, the Court finallydecided that in the case at issue, regarding the rights of a foreign national to apply for a residence permit for thepurpose of enrolling in second-cycle studies programme in Poland, the procedure of applying for a long-stay visaon the grounds of national law must be safeguarded by the guarantees under Article 47 of the Charter of FundamentalRights. The guarantees apply to the actual states in which EU law is applicable – in this case the “StudentDirective.” It seems that the ruling in the case of M.A. will play a crucial role in facilitating students’ – TCNs’ – entryinto the territory of the Republic of Poland, while the Polish legislator, in all probability, will be obliged to changethe provisions of the national law in such a way as to make it possible for future students to access a full array oflegal remedies against the negative decisions of consuls.

Optimized loading dose strategies for bedaquiline when restarting interrupted drug-resistant tuberculosis treatment

2022 ◽  
Author(s):  
Simon E Koele ◽  
Stijn W van Beek ◽  
Gary Maartens ◽  
James C. M. Brust ◽  
Elin M Svensson
Keyword(s):  
Treatment Interruption ◽  
Loading Dose ◽  
Drug Resistant ◽  
Time Curve ◽  
Resistance Development ◽  
Drug Resistant Tuberculosis ◽  
Tuberculosis Patients ◽  
Resistant Tuberculosis ◽  
Starting Point ◽  
One Year

Interruption of treatment is common in drug-resistant tuberculosis patients. Bedaquiline has a long terminal half-life therefore, restarting after an interruption without a loading dose could increase the risk of suboptimal treatment outcome and resistance development. We aimed to identify the most suitable loading dose strategies for bedaquiline restart after an interruption. A model-based simulation study was performed. Pharmacokinetic profiles of bedaquiline and its metabolite M2 (associated with QT-prolongation) were simulated for 5000 virtual patients for different durations and starting points of treatment interruption. Weekly bedaquiline area under the concentration-time curve (AUC) and M2 maximum concentration (Cmax) deviation before interruption and after reloading were assessed to evaluate the efficacy and safety respectively of the reloading strategies. Bedaquiline weekly AUC and M2 Cmax deviation were mainly driven by the duration of interruption and only marginally by the starting point of interruption. For interruptions with a duration shorter than two weeks, no new loading dose is needed. For interruptions with durations between two weeks and one month, one month and one year, and longer than one year, reloading periods of three days, one week, and two weeks, respectively, are recommended. This reloading strategy results in an average bedaquiline AUC deviation of 1.88% to 5.98% compared with -16.4% to -59.8% without reloading for interruptions of two weeks and one year respectively, without increasing M2 Cmax. This study presents easy-to-implement reloading strategies for restarting a patient on bedaquiline treatment after an interruption.

scholarly journals Introduction of Sorghum (Sorghum bicolor (L.) Moench) green manure in rotations of head salads and baby leaf crops under greenhouse

2016 ◽  
Vol 11 ◽  
Author(s):  
Luigi Morra ◽  
Domenico Cerrato ◽  
Maurizio Bilotto ◽  
Salvatore Baiano
Keyword(s):  
Organic Carbon ◽  
Total Nitrogen ◽  
Green Manure ◽  
Soil C ◽  
C Balance ◽  
Soil Biomass ◽  
Starting Point ◽  
Dry Biomass ◽  
One Year ◽  
And Control

This paper deals with the introduction in tunnel-greenhouses of sweet sorghum cultivated in short, summer cycle as green manure with the aim to amend soils with biomass grown on farm. This practice has been spreading in tunnels of Sele river Valley (Salerno, Italy) where baby leaf crops are cultivated in numerous cycles (up to 5-7) per year. Three sorghum varieties for forage or biomass (Goliath, BMR 201 and BMR 333) were cultivated in two farms at Eboli and San Marzano sul Sarno with the aims to study their responses in term of fresh and dry aboveground biomass yielded, C and N content of the biomass incorporated in soil, C balance in amended soils after one year of ordinary cash crop sequences. No differences, with regard to all the parameters measured, were pointed out among the tested varieties in each site. The sorghum cycle lasted 45 days at Eboli, yielding on average 98 and 13 t ha<sup>-1</sup> of fresh and dry biomass, respectively; soil biomass incorporation supplied, on average 5.8 t ha<sup>-1</sup> of organic carbon and 273 kg ha<sup>-1</sup> of total nitrogen. In the farm of San Marzano, sorghum cycle lasted 68 days, yielding 116 and 18 t ha<sup>-1</sup> of fresh and dry biomass, respectively; soil biomass incorporation supplied, on average 8 t ha<sup>-1</sup> of organic carbon and 372 kg ha<sup>-1</sup> of total nitrogen. After one year, the plots amended with sorghum biomass showed a soil organic carbon (SOC) concentration not different from the starting point while SOC decreased in fallow plots. At Eboli, initial SOC content was 12.3 g kg<sup>-1</sup>, but one year later it resulted 12.3, 12.8, 12.2 and 11.3 g kg<sup>-1</sup> in BMR 201, BMR 333, Goliath and control plots, respectively. At San Marzano initial SOC content was 11.4 g kg<sup>-1</sup>, but one year later it resulted 11, 12, 10.7 and 10.5 g kg<sup>-1</sup> in BMR 201, BMR 333, Goliath and control plots, respectively. The annual C balance put in evidence that the green manure with sorghum biomass caused SOC losses higher than those detected in fallow plots let us supposing a prime effect in boosting the soil microbial C mineralization. Only cv BMR 333 in the Eboli trial, pointed out a positive SOC change of 1.8 t ha<sup>-1</sup>. Further studies are requested to better understand the real efficacy of sorghum cover crop in soil amendment under tunnels devoted to intensive vegetable crop sequence.

scholarly journals PROPERTY RELATIONS OF MARITAL PARTNERS THROUGH THE HISTORY OF BOSNIA AND HERZEGOVINA

2017 ◽  
Vol 7 (2) ◽  
pp. 106-117
Author(s):  
Boris Krešić ◽  
◽  
Ervina Halilović ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Historical Perspective ◽  
Family Law ◽  
Roman Law ◽  
Socialist Republic ◽  
Marriage And Family ◽  
Property Relations ◽  
Basic Law ◽  
History Of ◽  
Marital Partners

The institutes of contemporary family law are rooted in Roman law, including the property relations of marital partners. From the historical perspective, the property-legal relations of marital partners in Bosnia and Herzegovina (BiH) were subject to religious regulations and the rules of the General Civil Code and Family Law of the Socialist Republic of Bosnia and Herzegovina. The article analyzes the solutions applied during the Roman, the Ottoman, and the AustroHungarian rule as well as the solutions included in the currently valid Basic Law on Marriage and Family Laws in BiH. The authors focus on the development of family law in terms of property relations of marital partners and provide historical-legal overview of the development of family law from the absolute power of pater familias to the full equality of marital partners.

Being a refugee or having a refugee status? Birthweight and gestational age outcomes among offspring of immigrant mothers in Sweden

2018 ◽  
Vol 47 (7) ◽  
pp. 730-734 ◽  
Author(s):  
Sol Juárez ◽  
Eleonora Mussino ◽  
Anders Hjern
Keyword(s):  
Birth Outcomes ◽  
Gestational Age ◽  
Low Birthweight ◽  
Reference Group ◽  
Multinomial Regression ◽  
Refugee Status ◽  
Residence Permit ◽  
Swedish Population ◽  
Migration Status ◽  
Migratory Status

Aims: to evaluate whether the information on refugee status based on the residence permit is a useful source of information for perinatal health surveillance. Methods: Using the Swedish population registers (1997-2012), we use multinomial regression models to assess the associations between migration status (refugee and non-refugee) and birth outcomes derived from birthweight and gestational age: low birthweight (LBW) (<2500 g), macrosomia (≥4000 g); preterm: (<37 w) and post-term (≥42 w). The Swedish-born population was used as a reference group. Results: Compared to the Swedish-born population, an increased OR (odds ratio) of LBW and post-term was found among migrants with and without refugee status (respectively: OR for refugees: 1.47 [95% CI: 1.33-1.63] and non-refugees:1.27 [95% CI: 1.18-1.38], for refugees: 1.41 [95% CI: 1.35-1.49] and non-refugees:1.04 [95% CI: 1.00-1.08]) with statistically significant differences between these two migrant categories. However, when looking at specific regions of origin, few regions show differences by refugee status. Compared to Swedes, lower or equal ORs of preterm and macrosomia are observed regardless of migratory status. Conclusions: Small or no differences were observed in birth outcomes among offspring of women coming from the same origin with different migratory status, compared to their Swedish counterparts. This suggests that information on migration status is not a relevant piece of information to identify immigrant women at higher risk of experiencing adverse reproductive outcomes. Our results however might be explained by the large proportion of women coming to Sweden for family reunification who are classified as non-refugee migrants.

Javne biblioteke kao prostori integracije i osnaživanja migrantica

2020 ◽  
pp. 87-105
Author(s):  
Ajla Demiragić ◽  
Lejla Hajdarpašić ◽  
Džejla Khattab
Keyword(s):  
Migrant Workers ◽  
Social Protection ◽  
Public Libraries ◽  
Forced Migration ◽  
Public Library ◽  
Indigenous Communities ◽  
Migrant Women ◽  
Residence Permit ◽  
European Area ◽  
Women And Girls

The Council of Europe’s Gender Equality Strategy 2018-2023, without neglecting the important issue of voluntary and forced migration in the European area and the particular “vulnerability” of migrant women and girls, addresses the protection of the rights of migrant, refugees and asylum-seeking women and girls in the ffth strategic objective by stressing out that “measures need to be taken to ensure that migrant, refugee and asylum-seeking women have access to their human and social rights in relation to individual freedom, employment, housing, health, education, social protection and welfare where applicable; and access to information about their rights and the services available.” In this regard, European experiences after the great migration wave from 2015 have already shown that the full and successful integration of migrant women and girls into European society requires the collaborative work of numerous national and international bodies, governmental and non-governmental sectors, and other relevant institutions and organizations, including libraries that should address special attention “to groups which are often marginalized in culturally diverse societies: minorities, asylum seekers and refugees, residents with a temporary residence permit, migrant workers, and indigenous communities.” (IFLA / UNESCO Multicultural Library Manifesto 2008). In this context, this paper will provide an overview of selected programs and services targeted at migrant women in public libraries in the European area. In conclusion, paper highlights the important role of public libraries in the processes of linguistic and social integration of migrant women, and points out the need for continuous improvement of programs and services designed for migrant women, which should be an integral part of diversifed public library services.

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