Wspólnotowy wymiar polityki imigracyjnej Unii Europejskiej w obliczu wyzwań związanych ze zwiększonym napływem imigrantów w 2015 r.

2017 ◽  
pp. 82-107
Author(s):  
Michał Skorzycki

The article comprises the overview of the essential legal, administrative and financial means that the EU has at its disposal in case of rapid influx of immigrants, as well as a selection of major obstacles to the use of these tools, based on observation of the activities of the EU and its member states taken up to deal with the aforementioned situation which took place in 2015. Using the abovementioned observation and an analysis of relevant documents, it is argued that the refugee crisis of 2015 has revealed the necessity of a profound institutionalisation of the European immigration policy as the most effective way to overcome difficulties in response to such situations. The analysis leads also to the conclusion that the EU is caught in a dilemma of either suspending the Dublin system in crisis situations or creating a new system of intensive support for border member states.

2020 ◽  
Vol 22 (2) ◽  
pp. 198-223
Author(s):  
Jean-Baptiste Farcy

Abstract This article critically assesses EU harmonisation in the field of labour immigration. It argues that EU directives are limited both in scope and intensity which explains their relatively low effectiveness and added value. Given the current political and institutional context, the article claims that a truly common labour immigration policy is unrealistic. Labour immigration remains a predominantly national prerogative and EU rules have done little to overcome normative competition between EU Member States. Looking forward, the EU should adopt complementary measures to Member States’ policies. The role of the EU in this sensitive policy area should be better defined and justified, in particular in relation to the principle of subsidiarity.


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.


Significance The EU is built around the 'four freedoms', which together form the core of the internal market. Economically, freedom of movement is meant to smooth out asymmetrical labour market shocks by allocating labour where it is needed most. In the past, intra-EU mobility has been relatively low and mostly reflected a widening welfare gap between older member states and those that joined after 2004. As a result, fears of 'welfare tourism' have risen, despite the fact that empirical evidence for it is scarce. Impacts The issue of welfare tourism will continue to dominate the debate. Who is eligible for what welfare payments in other member states will, therefore, continue to occupy courts across Europe. Because of the current refugee crisis, the rules on third-country nationals will come under scrutiny again.


Subject EU immigration policy. Significance The EU has previously legislated to encourage the immigration of workers into the bloc, to counter the negative economic effects of demographic ageing. However, immigration policy is largely determined by individual member states. The results of EU pro-immigration schemes have been weak. National responses to the current influx of refugees and migrants have highlighted underlying member states differences over immigration, driven by economic, demographic and cultural divergences. Consequently, impetus for further EU pro-immigration action had largely stalled even before the current crisis. Impacts Asymmetric economic developments across the continent will continue to impede a common immigration strategy. Any opening of more legal avenues to convert asylum-seekers into economic immigrants will remain a matter for national governments. The current crisis will increase distrust and frictions among member states, while boosting populist forces. The crisis will bring into sharp relief the distinction between extra- and intra-EU immigration as a way of filling labour market gaps.


2018 ◽  
Vol 10 (1) ◽  
pp. 176-201
Author(s):  
Jacek Czaputowicz ◽  
Marcin Kleinowski

Abstract The Treaty of Lisbon introduced a new system of weighted votes in the Council, which radically departs from the principles on which the distribution of votes between the Member States of the EU was based for more than half a century. At the same time, the system of double majority is fundamentally different from the assumptions on which voting systems in federal states are based, including in the Bundesrat. Systems used in federal states are usually based on a compromise between the equality of states, and the equality of citizens. Consequently, in the Nice system, smaller Member States in the EU had relatively greater power compared to their populations than smaller federal units in the German Bundesrat. The results presented in this paper indicate that the Lisbon system of voting in the Council differs significantly from voting systems in federal states.


2020 ◽  
Vol 12 (02) ◽  
pp. 189-218
Author(s):  
Eleonora Milazzo

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?


Author(s):  
Dionysios Stivas

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.


2019 ◽  
Vol 7 (2) ◽  
pp. 208-218 ◽  
Author(s):  
Christiane Heimann ◽  
Sandra Müller ◽  
Hannes Schammann ◽  
Janina Stürner

In the context of the so-called refugee crisis, political disputes about solidarity become a central issue with member states applying competing concepts. At the same time, European cities use transnational networks to implement a new form of solidarity among municipalities via city diplomacy (Acuto, Morissette, & Tsouros, 2017). Analyzing the deadlock between member states and the emerging activities of cities, we scrutinize the limits of existing approaches to political solidarity (e.g., Agustín & Jørgensen, 2019; Knodt, Tews, & Piefer, 2014; Sangiovanni, 2013) to explain this phenomenon. Based on expert interviews and document analysis from a study on transnational municipal networks, we identify an emerging concept of solidarity that challenges the nation states as core providers of solidarity from within: transmunicipal solidarity focuses on joint action of local governments to scale out and scale up.


2004 ◽  
Vol 19 (2) ◽  
pp. 93-150 ◽  
Author(s):  
Peter Ørebech

AbstractThe 1994 and 2004 Accession Treaty and Act of Accession require that the Applicant Member States adopt EU legislation and policy. The goal of the Accession Treaty is to phase out Applicant Member State legislation and institute the pre-emptive role of EU law. The EU fisheries acquis directly affects natural and juridical persons. Member states maintain legislative competence within 12 nautical miles during the transitional period, which ends in 2012. With the exception of specific areas delegated to Member States, national provisions will then be terminated. The "relative stability" and national quota regulations remain in effect and deter direct fishing by other Member States' vessels. Quota hopping, on the other hand, opens the door to foreign fishing interests. A new system of individual transferable quotas will further contribute to the decline of the inherent discrimination amongst EU citizens within fisheries sector.


Author(s):  
Javier De Lucas Martín

Resumen: Las políticas europeas de inmigración y refugio han sido criticadas por quienes las consideran emblemas de una concepción que pone en grave riesgo elementos básicos del Estado de Derecho y aun de la democracia. El epítome es la aparición de mercados de esclavos en Libia, a las puertas de la UE, un Estado fallido que la UE y sus Estados miembros se empeñan en elevar a la condición de partner privilegiado de sus políticas de externalización. Tomando como base los análisis de Lochak, Agambem y Bauman y la concepción de la propuesta por el filósofo camerunés Mbembé, desarrollando tesis de Foucault (biopolítica), se proponen algunas alternativas que vienen presididas por la exigencia de reconocimiento y garantía de derechos básicos de inmigrantes y refugiados. Abstract: European immigration and refuge policies have been criticized by those who see them as emblems of a conception that puts in serious risk basic elements of the Rule of Law and even of democracy. The epitome is the emergence of slave markets in Libya (at the gates of the EU), a failed state that, nevertheless, the EU and its Member States are determined to raise to the status of privileged partner of their outsourcing policies. Based on the analysis of Lochak, Agambem and Bauman and the conception of the proposed by the Cameroonian philosopher Mbembé who develops Foucault's thesis about biopolitics, this text will propose some alternatives that are leaded by the requirement of recognition and guarantee of rights of immigrants and refugees.


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