The EU and Human Rights as Institutional Facts in the Finnish Political Discourse on Family Reunification

2019 ◽  
Vol 16 (2) ◽  
pp. 317-328
Author(s):  
Linda Hyökki
Keyword(s):  
Human Rights ◽  
Social Ontology ◽  
Family Reunification ◽  
Institutional Facts ◽  
Political Response ◽  
The Social ◽  
Local Impact ◽  
Global And Local ◽  
Violent Conflicts ◽  
The Eu

This article analyses the Finnish political response to the refugee influx connected with the Syrian war and violent conflicts in its neighbouring states. In July 2016, a law amendment on the Finnish Aliens Act about a secured income prerequisite for family reunification applications came into force. Using argumentation schemes as outlined by Fairclough & Fairclough (2012), this article analyses the discursive framing of the law amendment in Parliament. The paper benefits from the social ontology of John Searle (1995; 2010) and utilises his concept of institutional facts. The analysis shows that, as normative sources for action, the institutional context of the EU, as well as the Human Rights, possess different degrees of deontic modality which in turn shapes the representation of social reality in the context of the refugee crisis and its global and local impact.

A Re-examination of the Family Reunification Directive in the post-Lisbon Fundamental Rights Scene

ICL Journal ◽  
2018 ◽  
Vol 12 (1) ◽  
pp. 85-114
Author(s):  
Georgios Milios
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Family Reunification ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
European Convention ◽  
The Family ◽  
Charter Of Fundamental Rights ◽  
The One ◽  
The Eu

Abstract The article examines the issue of compatibility of the Family Reunification Directive with the important changes that the adoption of the Lisbon Treaty brought to the field of fundamental rights in the EU especially considering the fact that the Charter of Fundamental Rights of the EU gained the same legal value as the treaties. The article examines all possible scenarios that may derive from Art 52 (3) of the Charter and the problems or issues that each of them may entail for the immigrants’ right to family life in the EU. This examination reveals that certain aspects of the provisions of the Family Reunification Directive are not compatible with Art 8 of the European Convention on Human Rights, and proposes that the EU should, in any event, provide more extensive protection than the one provided for by the Convention. The article proposes a reunification model which may be more compatible with the post-Lisbon fundamental rights scene.

scholarly journals EU equality law after a decade of austerity

2018 ◽  
Vol 18 (2-3) ◽  
pp. 163-192 ◽  
Author(s):  
Sara Benedi Lahuerta ◽  
Ania Zbyszewska
Keyword(s):  
European Union ◽  
Human Rights ◽  
Business Case ◽  
Social Rights ◽  
Eu Legislation ◽  
Eu Integration ◽  
The Social ◽  
Integration Project ◽  
Policy Proposals ◽  
The Eu

This article discusses the evolution of European Union (EU) legislation and policymaking methods during the 10 years since the onset of the financial and economic crisis in 2007/2008. In the EU, this period has been characterized by politics of stimulus, austerity, and recovery. Against the backdrop of longer term developments in equality law, we consider how the crisis context influenced this field’s evolution. Through the analysis of a range of legislative and policy proposals, we show that the progressive softening or hybridization of equality law over this period has gone hand in hand with the stronger articulation of equality objectives in terms of a “business case.” While this approach appears to have enabled the proliferation of policy and legal instruments and expanded the reach of equality law into areas where the EU has limited competence to legislate, it has also elevated instrumental economic goals for action at expense of human rights or social rationales. This longer term tendency is also present in the recently adopted European Pillar of Social Rights, and the accompanying policy documentation, which have been hailed as carrying potential to infuse more coherence and to rebalance the social and economic rationales that the EU integration project has unevenly promoted over the years. Mindful that it is still too early for conclusive judgments, we suggest, however, that the transformative possibilities the Pillar carries are likely to be undermined by its soft and economically oriented thrust.

scholarly journals Tokenizing and Articulating Protection of Women in Migration Law: Strategies of Exclusion in Contemporary Europe and the Nineteenth-Century USA

2021 ◽  
pp. 096466392110238
Author(s):  
Nicole Stybnarova
Keyword(s):  
Western Europe ◽  
Family Reunification ◽  
Migrant Women ◽  
Feminist Scholarship ◽  
Female Migrants ◽  
The Social ◽  
Women's Equality ◽  
Migration Law ◽  
Law Making ◽  
The Eu

This article investigates continuities in migration law-making that claims to aim at protecting women but in effect is a tokenist strategy excluding non-Western female migrants. It shows that despite developments in the legal recognition of women’s equality, present restrictions on family reunification in Western Europe, illustrated through the EU and Danish migration laws, echo law-making in the late 19th-century US, exemplified in the process of adopting the Page Act, which also introduced stricter rules for female migrants under the stated objective of protecting women. Using the social theory of articulation, the article demonstrates how legislators continuously articulate and rearticulate the wellbeing of migrant women to legitimize discriminatory migration rules regardless of how highly women’s rights are respected in law and society. The article contributes to previous feminist scholarship in migration law by showing the continuity and intentionality of the articulative practices in law-making directed at migrant women.

Migration Policy of the European Union From the Perspectives of Turks in the EU Countries and Syrian Immigrants in Turkey

2020 ◽  
pp. 475-499
Author(s):  
Serkan Ökten ◽  
Azize Ökten
Keyword(s):  
European Union ◽  
Human Rights ◽  
Literature Review ◽  
Migration Policy ◽  
Cultural Integration ◽  
The European Union ◽  
The Social ◽  
Resource Collection ◽  
Border Policy ◽  
The Eu

This chapter deals with the adventure of Turkish workers' upcoming 60th year in the Europe and EU's cooperation with Turkey at the wave of immigration based on civil war in Syria to Europe, in accordance with the immigration policy of the European Union. In this context, the question of how the European Union's human rights and freedoms-based rhetoric and its practices on the basis of protectionist border policy are conforming will be answered. In this study, literature review and resource collection are used by evaluating the available resources. As a result, the European Union's human rights and freedom-based rhetoric against the threat of disrupting its own order and welfare is only consistent with the integration of qualified migrants who will provide the workforce that is compatible and in need. However, a rising, prejudiced phenomenon reaching Islamophobia and xenophobia emerged at the social and political framework that is against the immigrants who cannot achieve cultural integration.

In defence of social psychology attending to the institutional dimension: Potentialities for extending comprehension of the ecological and political

2019 ◽  
Vol 18 (2) ◽  
pp. 137-152
Author(s):  
Paula Castro
Keyword(s):  
Social Sciences ◽  
Social Psychology ◽  
Natura 2000 ◽  
Human Action ◽  
The Political ◽  
Institutional Facts ◽  
Social Facts ◽  
The Social ◽  
Institutional Dimension ◽  
The Eu

Abstract In this article I have the following goals: to enter the debate on what defines social psychology as a social science, arguing that it is the prominence conceded to a focus on agreed ‐ not natural ‐ limits to human action; to add to this debate a further distinction ‐ that between social facts and cultural/institutional facts ‐ together with a theorization of the later highlighting the relevance of attending to the (de)legitimization of institutions; to extract consequences of this position for social psychology; finally, to offer two cases illustrating and hopefully clarifying the set of theoretical arguments and concepts I used before: Sophocles' Antigone, and the EU debate on Natura 2000, both evidencing a tension between the legal and the legitimate. I conclude by suggesting that such a social psychology can work together with the social sciences to ask questions productive for extending our knowledge of the ecological and the political.

scholarly journals The Concept of Integration in the Jurisprudence of the European Court of Human Rights

2010 ◽  
Vol 12 (1) ◽  
pp. 23-43 ◽  
Author(s):  
Clíodhna Murphy
Keyword(s):  
Human Rights ◽  
National Level ◽  
Legal Framework ◽  
Family Reunification ◽  
The European Union ◽  
Normative Development ◽  
European Court ◽  
The Right ◽  
Core Issues ◽  
The Eu

Abstract Integration has become a recurring theme of national immigration policies; and there has been a corresponding normative development of the concept to a certain degree in the European Union, both in soft policy and through references to integration in legally binding immigration measures. The difficulty in defining integration is a pervasive problem encountered by lawyers and sociologists attempting to understand the phenomenon. This article argues that the development of the concept of integration by the European Court of Human Rights has an important contribution to make to the debate, with the potential to provide a legal framework within which to situate integration policies at the national and the EU level. It assesses the concept of integration employed by the European Court of Human Rights, analysing the Court’s Article 8 immigration jurisprudence in terms of two core issues: first, the conception of integration employed in the jurisprudence of the European Court of Human Rights; and second, the implications of the development of the concept in terms of impacting on the right to remain in a State Party and family reunification, each a key integration issue. The article concludes that while the jurisprudence relating to what actually constitutes ‘integration’ is very much in its infancy, the express consideration of integration as a factor in the balancing exercise undertaken by the Court in the expulsion cases signifies the start of a normative development of the concept of integration by the European Court of Human Rights. Nevertheless, it remains to be seen whether the increased emphasis of the Court on the integration criterion in the Article 8 expulsion cases influences the Court’s approach to key integration issues such as family reunification and in turn whether this filters down to legislators and policymakers at the national level.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

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