scholarly journals Schengen’s Excluded: Third Country Nationals and EU Citizenship Regimes on the Polish-German Border

2017 ◽  
Author(s):  
Andrew D Asher
Keyword(s):  
Urban Space ◽  
Citizenship Rights ◽  
Freedom Of Movement ◽  
The Everyday ◽  
Two Cities ◽  
Common Policies ◽  
Citizenship Regimes ◽  
The Right ◽  
The Eu ◽  
Third Country Nationals

This article investigates how the supranational policies of European Union (EU) citizenship were experienced by “third country nationals” living as non-citizen residents in the transnational urban space of Słubice, Poland and Frankfurt(Oder), Germany—two cities separated only by the Polish-German border. With an emphasis on the implementation of the Schengen acquis—the EU’s common policies on cooperation in law enforcement, visas, and the management of its borders--this article begins with an examination of the ways in which third country nationals are categorized as a group separate from EU citizens. This article then explores how the everyday presence of the border between Słubice and Frankfurt(Oder) excluded third country nationals from the exercise of EU citizenship through practices that placed limits on their freedom of movement. Finally, this article describes how specific individuals responded to these limitations by strategically managing their visa and citizenship statuses.Because of the cities’ unique border location, the residents of Słubice/Frankfurt(Oder) demonstrate the development of unequal citizenship regimes for EU citizens and non-citizens, in which each group is extended differential access to the entitlements, privileges, and rights of citizenship. By exploring how third country nationals’ ability to exercise citizenship rights were structured and constrained by EU laws and regulations, this article documents the emergence of one instance of illiberality within the EU’s ostensibly neoliberal and democratic economic and political projects, and brings into sharp relief the central role the right to free movement plays in the exercise of full citizenship within the EU.

Desecularization of the Palestinian Imagination? Reflections on Nation-Ness and Fragmentation

2011 ◽  
Vol 55 (10) ◽  
pp. 1379-1394 ◽  
Author(s):  
Mary Hovsepian
Keyword(s):  
Main Process ◽  
Freedom Of Movement ◽  
The Everyday ◽  
Occupied Territories ◽  
The Right ◽  
Israeli Occupation

The main process that gives meaning to belonging to the Palestinian nation concerns the everyday encounters with Israeli policies that dictate Palestinian lives. The escalating fragmentation of the occupied territories since the mid-1990s and the control of the most basic right, the right of freedom of movement, continue to shape Palestinian nation-ness in the context of a struggle to end the Israeli occupation.

scholarly journals Gloss to the Judgement of the Court of Justice of the European Union in Case C 129/18, SM versus Entry Clearance Officer, UK Visa Section

2020 ◽  
Vol 40 (1) ◽  
pp. 189-200
Author(s):  
Katarzyna Woch
Keyword(s):  
Member State ◽  
Family Members ◽  
The European Union ◽  
Freedom Of Movement ◽  
State Of The Union ◽  
Legal Guardianship ◽  
The Status ◽  
Union Citizen ◽  
The Right ◽  
The Eu

The right of family members of Union citizens to live with them in the host Member State has always been considered essential for an effective freedom of movement of citizens. However, the provisions of Directive 2004/38/EC contain a different description of the scope of rights of family members of Union citizens taking advantage of the freedom of movement of persons as to the possibility of accompanying or joining EU citizens taking advantage of the freedom of movement of persons, depending on whether they belong to the circle of ‘closer’ or ‘distant’ family members. This issue acquires particular significance in the context of family members who are not citizens of any Member State of the Union. For individuals belonging to the circle of ‘closer’ family members, the EU legislator grants the subjective right to accompany or join a Union citizen exercising the right of the freedom of movement of persons. In the latter case, the legislator only obliges the host Member States to facilitate entry and residence for such individuals in accordance with their national legislation. The glossed judgment, by determining the status of individuals under legal guardianship within the framework of the Algerian kafala system as a ‘distant’ family member of a Union citizen, clearly touches upon a significant issue in the context of the Union’s freedom of movement of persons.    

4. Freedom of movement for EU nationals

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray
Keyword(s):  
Free Movement ◽  
European Law ◽  
Eu Law ◽  
Freedom Of Movement ◽  
The Law ◽  
The Eu ◽  
Third Country Nationals

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the law which governs the free movement of people within the EU. As such, it is principally about the movement of EU nationals. The movement of non-EU nationals, known in European law as third-country nationals, may come within the ambit of EU law due to their connection with EU nationals; for instance, as a spouse or employee. The chapter concentrates on the rights of EU nationals and their families to move within the EU, and covers the powers to deport or remove EU nationals. It also considers the possible impacts of Brexit on free movement rights.

scholarly journals ADMINISTRATIVE AND LEGAL GROUNDS FOR DEPORTATION AND EXPULSION OF THIRD-COUNTRY NATIONALS FROM THE EUROPEAN UNION’S MEMBER STATES

2020 ◽  
pp. 5-17
Author(s):  
Yuriy Voloshyn ◽  
◽  
Nataliia Mushak ◽  
Keyword(s):  
European Union ◽  
The European Union ◽  
Illegal Migration ◽  
Member States ◽  
Legal Method ◽  
Key Issues ◽  
The Right ◽  
Legal Grounds ◽  
The Eu ◽  
Third Country Nationals

The purpose of the article is to highlight key issues related to the deportation and eviction ofthird-country nationals from the Member States of the European Union.The article covers the key issues related to the deportation and expulsion of third-country nationalsfrom the European Union’s member states. The research determines that within the European Union most of the issues related to the deportation and expulsion of third-country nationals fromthe EU territory and EU member states are classified as a common immigration policy.The study used a set of methods that defined its purpose and objectives. The authors used acomplex of general scientific and special scientific methods. The dialectical method of cognitionwas used in the analysis of legal relations that are developed within the EU and are in conditionsof continuous development and improvement. The historical and legal method provided anopportunity to investigate the practice of deportation by states at different stages of EU lawdevelopment. The comparative and legal method was used in comparison with the conditions ofdeportation in different European countries.The results of the article are determined by key provisions regulating the issue of deportationand eviction, which serve as legal measures in the fight against the EU and its member states withillegal migration.It has been established that deportation and expulsion serve as legal measures in the fight againstthe EU and its member states with illegal migration. It is emphasized that among the effectivemeans of combating illegal immigrants is the adoption by both the European Union and its MemberStates of the readmission agreements with third countries, which provide for the procedure ofsimplifying the return of persons who do not have legal grounds for staying in the territory of anEU member state, to the country of origin or transit, as well as solving problems related to thereturn procedure, formalizing the effective process of returning persons and preventing problemsin this in the field.The conclusions highlight that in most European countries, the issues of deportation and expulsionare regulated solely on the basis of national legislation, taking into account the standards andnorms of EU law. A number of documents that determine a safe third country have been analyzed.A safe third country is a country that guarantees the right of third-country nationals to apply forasylum.The research analyses the legal instruments of the European Union, which guarantee the right toasylum and provides for compliance with the principle of non-adoption. It is stated that no onecan be expelled or extradited to a state in which there is a serious danger that such a person maybe given a death penalty.There are legal grounds for non-resettlement, and individuals cannot be tortured or punished.

4. Freedom of movement for EU nationals

2021 ◽  
pp. 107-144
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt
Keyword(s):  
Family Member ◽  
Free Movement ◽  
European Law ◽  
Eu Law ◽  
Freedom Of Movement ◽  
The Law ◽  
The Eu ◽  
Third Country Nationals

This chapter discusses the law which governs the free movement of people within the EU. As such, it is principally about the movement of EU nationals. The movement of non-EU nationals, known in European law as third-country nationals, may come within the ambit of EU law due to their connection with EU nationals, for instance as a spouse, family member, or employee. The chapter concentrates on the rights of EU nationals and their families to move within the EU, and covers the powers to deport or remove EU nationals. It also considers the possible impacts of Brexit on free movement rights.

19. Citizenship: rights of free movement and residence

2020 ◽  
pp. 436-469
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Family Members ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Citizenship Rights ◽  
Broad Framework ◽  
The Right ◽  
Third Country Nationals

This chapter examines the European Union (EU) law concerning citizenship and the right of residence and free movement. It suggests that while citizenship provides a broad framework of rights, it is important to recognise the higher level of protection awarded to the economically active under Articles 45 (workers), 49 (establishment) and 56 (services) of the Treaty on the Functioning of the European Union (TFEU). The chapter also considers the link between migration and the rights claimed, and highlights the underlying concerns about the abuse of Union law rights. The chapter highlights the latest contribution of the CJ in relation to the interpretation of the Citizens’ Rights Directive (Directive 2004/38/EC). It also considers the position of third-country nationals (who are family members or dependents of an EU national) and students.

scholarly journals Activities of the European Ombudsman under the Charter of Fundamental Rights: Promoting Good Administration through Human Rights Compliance

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 51
Author(s):  
Alexei Avtonomov
Keyword(s):  
Human Rights ◽  
Human Dimensions ◽  
Fundamental Rights ◽  
The Everyday ◽  
The Status ◽  
Charter Of Fundamental Rights ◽  
Right To Good Administration ◽  
The Right ◽  
Further Development ◽  
The Eu

The adoption of the Charter of Fundamental Rights has strengthened the position of the European Ombudsman, since the Charter contains an article specifically dedicated to the Ombudsman. At the same time, the Ombudsman, through her/his practice, contributes to the implementation in the everyday life of the provisions of the Charter and their further development. The consolidation and development of the provisions of the Charter by the European Ombudsman have proceeded especially rapidly since the Charter of Fundamental Rights received the status of a binding act. Due to the fact that the right to “good administration” contained in the Charter of Fundamental Rights has become one of the basic human rights in the EU since the Charter became legally binding, the competence of the European Ombudsman has acquired a new substantive and factual (functional) content, expanding her/his ability to positively influence the EU administration in the field of governance and respect for fundamental rights. This article examines, based on legal acts, statistical and other factual data, the interrelated issues (such as institutional and human dimensions of European integration) of ensuring the effectiveness of the Charter of Fundamental Rights through the activities of the European Ombudsman.

scholarly journals Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants

2021 ◽  
Author(s):  
Vasilis Papastergiou
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Asylum Seekers ◽  
Right To Health ◽  
Financial Cost ◽  
Just Cause ◽  
Freedom Of Movement ◽  
Moral Cost ◽  
The Right ◽  
The Eu

Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.

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