scholarly journals From Temporary Protection to Transit Migration: Responses to Refugee Crises Along the Western Balkan Route

2020 ◽  
Author(s):  
Julija Sardelic
Keyword(s):  
Refugee Crisis ◽  
Eu Law ◽  
Legal Analysis ◽  
European Continent ◽  
Eu Member States ◽  
Temporary Protection ◽  
Transit Migration ◽  
Major Shift ◽  
The Republic ◽  
The Impact

In recent history, the countries along the Western Balkan route faced several refugee crises. In the 1990s refugee crises were the result of the conflicts after the disintegration of the former Socialist Federative Republic of Yugoslavia (SFRY). Between the summer of 2015 and early 2016, the European continent faced another refugee crisis due to the ongoing civil war in Syria. During the 2015/16 refugee crisis, different political leaders, especially in the post-Yugoslav space, claimed that their humanitarian approach towards refugees was based on their previous experience with refugee crises from the 1990s. This paper explores and compares legal and political responses to different refugee crises in the in-between countries along the Western Balkan route: three European Union (EU) Member States (Austria, Slovenia and Croatia) and two EU candidate countries (Serbia and the Republic of Macedonia). In the first part, the paper looks at the impact of the refugee crisis on EU law. It shows how EU law was developed due to the post-Yugoslav refugee crisis (Temporary Protection Directive), but then faced ambivalent application during the 2015/16 refugee crisis. Second, it studies the transformation of national legislation during both refugee crises in the chosen countries. On the basis of the socio-legal analysis of these transformations, the main argument is that there has been a major shift in the ‘management’ of the refugee crises in the countries along the Western Balkan route: while the main approach adopted during the post-Yugoslav refugee crisis was temporary protection, this approach was replaced with a ‘transit migration’ approach during the 2015/16 refugee crisis.

scholarly journals From Temporary Protection to Transit Migration: Responses to Refugee Crises Along the Western Balkan Route

2020 ◽  
Author(s):  
Julija Sardelic
Keyword(s):  
Refugee Crisis ◽  
Eu Law ◽  
Legal Analysis ◽  
European Continent ◽  
Eu Member States ◽  
Temporary Protection ◽  
Transit Migration ◽  
Major Shift ◽  
The Republic ◽  
The Impact

In recent history, the countries along the Western Balkan route faced several refugee crises. In the 1990s refugee crises were the result of the conflicts after the disintegration of the former Socialist Federative Republic of Yugoslavia (SFRY). Between the summer of 2015 and early 2016, the European continent faced another refugee crisis due to the ongoing civil war in Syria. During the 2015/16 refugee crisis, different political leaders, especially in the post-Yugoslav space, claimed that their humanitarian approach towards refugees was based on their previous experience with refugee crises from the 1990s. This paper explores and compares legal and political responses to different refugee crises in the in-between countries along the Western Balkan route: three European Union (EU) Member States (Austria, Slovenia and Croatia) and two EU candidate countries (Serbia and the Republic of Macedonia). In the first part, the paper looks at the impact of the refugee crisis on EU law. It shows how EU law was developed due to the post-Yugoslav refugee crisis (Temporary Protection Directive), but then faced ambivalent application during the 2015/16 refugee crisis. Second, it studies the transformation of national legislation during both refugee crises in the chosen countries. On the basis of the socio-legal analysis of these transformations, the main argument is that there has been a major shift in the ‘management’ of the refugee crises in the countries along the Western Balkan route: while the main approach adopted during the post-Yugoslav refugee crisis was temporary protection, this approach was replaced with a ‘transit migration’ approach during the 2015/16 refugee crisis.

scholarly journals Identifying Victims of Human Trafficking at Hotspots by Focusing on People Smuggled to Europe

2017 ◽  
Vol 5 (2) ◽  
pp. 69-80 ◽  
Author(s):  
Matilde Ventrella
Keyword(s):  
European Commission ◽  
Human Trafficking ◽  
Refugee Crisis ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Temporary Protection ◽  
Migrant Smuggling ◽  
Police Forces

Research has shown that smuggling of migrants is associated with human trafficking. Hence, victims of human trafficking amongst smuggled migrants should be identified by EU Member States at hotspots established by the European Commission, to overcome the migrant and refugee crisis. Identified victims should be given a visa and a programme of protection to escape their traffickers. In order to achieve these objectives, research suggests that EU law on migrant smuggling should be amended and the Temporary Protection Directive should be applied to smuggled persons when there is an indication that they may be victims of human trafficking. This approach should be adopted by the EASO in cooperation with police forces investigating smuggling and trafficking at hotspots.

Europe’s Cosmopolitan Union

2021 ◽  
pp. 204-226
Author(s):  
Bertjan Wolthuis ◽  
Luigi Corrias
Keyword(s):  
Public Law ◽  
Internal Market ◽  
The Other ◽  
Refugee Crisis ◽  
Eu Law ◽  
Eu Member States ◽  
Cosmopolitan Law ◽  
Migration Law ◽  
Legal Condition ◽  
The Eu

The chapter provides a Kantian reading of EU internal market law and the refugee crisis of 2015. The chapter argues that the EU should be viewed as a cosmopolitan union. The authors ask whether EU law, understood as positive cosmopolitan law, can be qualified as an extension of the legal condition, and whether it can be viewed as consistent with the other two parts of public law, especially with the freedom of EU member states which also depend on the possible connection to global, much less extensive, systems of positive cosmopolitan law such as migration law.

scholarly journals How Far Is It from Warsaw to Luxembourg and Karlsruhe: The Impact of the PSPP Judgment on Poland

2020 ◽  
Vol 21 (5) ◽  
pp. 1104-1115
Author(s):  
Stanisław Biernat
Keyword(s):  
European Integration ◽  
Rule Of Law ◽  
Case Law ◽  
Eu Law ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
The Impact

AbstractA concern was voiced in commentaries after the PSPP judgment that the BVerfG’s position regarding the refusal to apply in Germany the CJEU judgment as issued on an ultra vires basis might be used in EU Member States infringing the rule of law, and the independence of the judiciary in particular. This issue is presented in relation to Poland. The article sets out the constitutional provisions which proclaim openness to European integration, as well as the union-friendly case-law of the Constitutional Tribunal (CT) until 2016. The CT jurisprudence at that time provided, however, for the possibility of refusing to apply EU law in exceptional situations, even though this never happened. Next, the article discusses endeavors of the new Polish authorities since the end of 2015 which drastically breach the rule of law in the field of the judiciary, as well as the measures taken by EU institutions to counteract these adverse phenomena. The Polish authorities argue that the competence to define the legal position of the judiciary has not been conferred on the Union and remains within the exclusive competence of the Member States. Such a stance was also taken by the politically dependent CT in April 2020. The PSPP judgment was therefore welcomed with joy by Polish politicians. There are major differences, however, between the rulings of the BVerfG and those of the Polish CT in its current composition, and the hopes pinned on the PSPP judgment by the Polish authorities are unfounded.

scholarly journals Acquisition of Agricultural Land by Foreigners and Family Agricultural Holdings in Croatia

2021 ◽  
Vol 16 (30) ◽  
pp. 100-122
Author(s):  
Tatjana Josipović
Keyword(s):  
Agricultural Sector ◽  
Agricultural Land ◽  
Labour Force ◽  
Legal Regulation ◽  
Eu Law ◽  
Real Property ◽  
Eu Member States ◽  
Legal Position ◽  
The Republic ◽  
Existing Structure

This paper presents two important aspects of the structural transformation of the agricultural sector of the Republic of Croatia. First, there is an analysis of the legal regulation of the acquisition of agricultural land by foreigners by which Croatia has aligned its rules on the acquisition of real property with EU law. In particular, attention is drawn to the differences in the legal position of foreigners depending on whether they are nationals or legal persons of EU Member States or from third countries, as well as on the grounds on which they acquire agricultural land in Croatia. Second, the author points to the new regulation of family agricultural holdings of 2018 (Family Agricultural Holdings Act) and highlights the importance of the separate regulation of family agricultural holdings for the development of Croatian agriculture, particularly with regard to the existing structure of agricultural holdings and the structure of the farm labour force.

scholarly journals The primacy and supremacy clauses of European Union Law and their application in the legal order of the Republic of Lithuania

2018 ◽  
Vol 112 ◽  
pp. 303-322
Author(s):  
Pavelas Ravluševičius
Keyword(s):  
European Union ◽  
National Court ◽  
Case Law ◽  
Court Case ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Eu Member States ◽  
The Republic

The primacy and supremacy clauses of European Union law (“EU law”) are to one of the most prevalent issues concerning the relationship between EU law and domestic law of the Republic of Lithuania. It seems that such issues were not definitely settled even when the Treaty of Lisbon amending the Treaty on European Union, which established the European Community. During that period, significant changes were made in EU Member States, regarding the domestic application of the principle of primacy and supremacy of EU law. Lithuanian law has undergone the development in this sphere too.The European Court of Justice (“ECJ”) has developed the meaning of the principle of primacy, which means that European Union law should take precedence over the national law (even over constitutional provisions) and, in case of conflicts between EU law and national law, every national court is obliged to apply the European Union law. The comparative analysis of the Lithuanian Constitutional Court case law shows counter development to the ECJ case law, which may cause the jurisdictional collision of setting aside EU law based on constitutional grounds.The paper includes some relevant examples of application of EU law arising from preliminary ruling procedure under Art. 267 of Treaty on the Functioning of the European Union in the praxis of the Lithuanian Constitutional Court and Lithuanian courts of general and special competences.

scholarly journals The conditional effects of the refugee crisis on immigration attitudes and nationalism

2021 ◽  
pp. 146511652098890
Author(s):  
Wouter van der Brug ◽  
Eelco Harteveld
Keyword(s):  
Western Europe ◽  
Refugee Crisis ◽  
Left Wing ◽  
Individual Level ◽  
Eu Member States ◽  
Central Eastern Europe ◽  
Country Level ◽  
Conditional Effects ◽  
Immigration Attitudes ◽  
The Impact

What was the impact of the 2014–2016 refugee crisis on immigration attitudes and national identification in Europe? Several studies show that radical right parties benefitted electorally from the refugee crisis, but research also shows that anti-immigration attitudes did not increase. We hypothesize that the refugee crisis affected right-wing citizens differently than left-wing citizens. We test this hypothesis by combining individual level survey data (from five Eurobarometer waves in the 2014–2016 period) with country level statistics on the asylum applications in 28 EU member states. In Western Europe, we find that increases in the number of asylum applications lead to a polarization of attitudes towards immigrants between left- and right-leaning citizens. In the Southern European ‘arrival countries’ and in Central-Eastern Europe we find no significant effects. Nationalistic attitudes are also not affected significantly.

scholarly journals When Immigration Becomes a Necessity. ROC Immigration Policy – Lessons for Europe

2020 ◽  
pp. 153-165
Author(s):  
Anna Potyrała
Keyword(s):  
Immigration Policy ◽  
Systems Analysis ◽  
Zero Tolerance ◽  
Legal Analysis ◽  
Republic Of China ◽  
Eu Member States ◽  
Political Studies ◽  
Underlying Causes ◽  
The Common ◽  
The Republic

Migration issues have been at the forefront of international discussions since 2015. They have been considered from the perspective of both human rights and the interests of individual states. The latter seem to have prevailed, leading to a kind of offensive against admittance of third-country nationals. Restrictive regulations introduced into national legislations, combined with reluctance towards international legal initiatives promoting concerted efforts to assist and protect migrants and eliminate the underlying causes of migrations, have resulted in adoption of zero-tolerance immigration policies. In this paper, the author sets out to assess the immigration policy of the Republic of China on Taiwan. Having recognized that its labor shortages cannot be compensated for by internal migration, the country has significantly remodeled its approach to immigration. The answer to the question about the relevance and efficiency of the proposed legal solutions will be used to indicate possible solutions for EU Member States planning to reform the common migration and asylum policies. The analysis uses methods commonly applied in social studies in general, and legal and political studies in particular. While legal analysis and systems analysis are the key research methods, comparative analysis has been used as well.

scholarly journals «Nord stream-2» as a mechanism of Russian economic influence on the policy of the European States

2020 ◽  
Keyword(s):  
Russian Federation ◽  
Policy Decision ◽  
Research Activity ◽  
Member States ◽  
European Continent ◽  
Political Role ◽  
Eu Member States ◽  
The Russian Federation ◽  
Nord Stream ◽  
The Impact

The article analyzes political aspects of construction Russian pipeline Nord Stream-2 and its influence on relations between EU member states and the Russian Federation. During the research, it was in detail analyzed the impact of the Russian capital on the process of foreign policy decision making by European governments. The article proves, that the Russian pipeline Nord Stream-2 is not economic, but the politically motivated project. The subject of research of the article is increasing the dependence of EU member-states from Russian influence as a result of construction Nord Stream 2, which is one of the elements of the hybrid policy of the Russian Federation, aimed against EU and NATO member states. The purpose of the article is to analyze the mechanism of the Russian energy influence on the policy of the European states, to reveal threats for the energy security of the European continent, and the impact of economic ties on policy-making of the states regarding Russian aggressive policy. The research describes, how Russia enhances the dependence of European states from natural gas and oil supplies, that appears in the strengthening of Russian political role in Europe. Special attention is paid to the impact of Nord Stream-2 on French and German position on Russia`s military aggression against Ukraine. This research allows in detail to study the problem, to analyze threats in purpose to develop an effective mechanism of countering this energy threat. The research activity of this nature may be useful for forming the strategy of saving the status of the transit state of Ukraine and the development of the dialogue with partner states in the context of the construction of the security system and countering Russian influence.

Returning and Deporting Irregular Migrants: Not a Solution to the ‘Refugee Crisis’

2016 ◽  
Vol 9 (2) ◽  
pp. 101-112 ◽  
Author(s):  
Daniela DeBono
Keyword(s):  
Human Rights ◽  
Detailed Knowledge ◽  
Refugee Crisis ◽  
Member States ◽  
Eu Member States ◽  
Irregular Migrants ◽  
Returns Policy ◽  
Human Rights Standards ◽  
The Impact ◽  
Return Process

This article questions whether the presentation of the return and deportation of irregular migrants as a solution to the so-called ‘refugee crisis’ is ethical. Legally, the return of irregular migrants may be a legitimate activity by the state, but the current pressure by the European Commission on member-states to increase the current 40 percent rate of effective returns can lead them to operate returns below minimal human rights standards in a bid to increase the rate. Detailed knowledge of the impact of returns – including deportation from and to different countries – on migrants’ welfare and human rights is scarce. Based on studies on returns from EU member-states to different countries, I make three arguments. First, due to the complexity of the return process, statistics need to be unpacked better. Second, there are key conceptual problems underpinning current EU returns policy. Third, research strongly indicates that returns can render people vulnerable. In the absence of in-depth knowledge on the effects of return on migrants, I conclude with an appeal for returns to be treated with caution and their linking to the refugee crisis to be avoided.

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