Determining Turkish migration to Austria: the role of migration policy

2014 ◽  
Vol 11 (3) ◽  
pp. 275-287
Author(s):  
Ilker Atac
Keyword(s):  
Migration Policy ◽  
Interesting Case ◽  
Government Policies ◽  
Policy Outcomes ◽  
Constitutional Court ◽  
European Court ◽  
Permanent Migration ◽  
The Individual ◽  
Migratory Process

Migration from Turkey to Austria started as “guest worker” labour migration. Soon, however, there were signs of permanent immigration from Turkey to Austria leading to a permanent migration in which the differences between labour and family migration began to blur. How can we explain Turkish migration and its shifting dynamics to Austria from a historical perspective? Which factors have played a role in shaping this migration? Turkish migration to Austria offers an interesting case for a discussion of migration policy outcomes since Austria has been a good example of a country with restrictive policies in European comparison. Austrian government policies were of major importance for determining the migratory process from Turkey. However, these were continuously challenged by interventions of the Austrian Constitutional Court, European Court of Human Rights and European Court of Justice. Besides, factors at the individual and meso level, such as family and community networks, and issues connected to economic and political developments in Turkey, shaped migration policy outcomes. After discussing in more detail the various factors that have been identified as influencing migration processes in previous studies, I will examine the interaction of these factors in shaping Turkish migration to Austria, and the role of limiting government policies.

scholarly journals Legal Mechanisms for Protection of Migrants' Rights by the Public Authorities of the Russian Federation

2018 ◽  
Vol 9 (4) ◽  
Author(s):  
Ksenia Minakova
Keyword(s):  
Russian Federation ◽  
Migration Policy ◽  
Constitutional Court ◽  
Special Role ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
The Russian Federation ◽  
Migrants Rights

The article analyzes methods of ensuring the migrants rights by the public authorities of the Russian Federation, the individual elements of the migration policy of the Russian Federation relating to the activities of public authorities. It considers the activities in the field of protection of the migrants rights by such authorities as the Russian President's Office for Constitutional Rights of Citizens, the Presidential Council for Civil Society and Human Rights, the Council for Interethnic Relations, General Directorate for Migration, Chief Directorate for Migration Issues of Ministry of Internal Affairs of the Russian Federation, their normative documents, that regulate their activities. It examines separately the activities of the RF Government in the field of protection of the migrants rights, as well as judicial authorities; it identifies the special role of the RF Constitutional Court in the field of ensuring the rights of migrants, refugees, the internally displaced and stateless persons. It underlines the role of authority bodies of the RF entities in ensuring the migrants rights in terms of Irkursk Oblast. The article offers to differentiate strictly the role of each authority body in the field of migrants rights protection, as well as to pay specific attention to regulation of activities of the FR entities authority bodies in this direction.

The Role of Third Countries in EU Migration Policy: The Mobility Partnerships

2012 ◽  
Vol 14 (4) ◽  
pp. 393-415 ◽  
Author(s):  
Natasja Reslow
Keyword(s):  
Eastern Europe ◽  
Migration Policy ◽  
Policy Outcomes ◽  
Cape Verdean ◽  
Policy Initiatives ◽  
The Third ◽  
Policy Proposals ◽  
External Migration ◽  
The Eu

Abstract Third countries are actors in EU external migration policy, not merely passive recipients of policy proposals. In order to understand policy outcomes, it is necessary to understand why third countries decide to participate (or not) in EU migration policy initiatives. The conditionality model provides an explanation which focuses on the domestic preferences of and processes in the third countries. In 2007, the EU introduced the Mobility Partnerships. These partnerships are intended to be the framework for migration relations between the EU and third countries in Eastern Europe and Africa. The Cape Verdean government decided to sign a Mobility Partnership because the benefits of this cooperation with the EU outweighed the costs. The Senegalese government refused to sign because the Mobility Partnership would have implied significant, unacceptable costs.

The Effects of the Judgments of the European Court of Human Rights According to the German Constitutional Court

2010 ◽  
Vol 11 (5) ◽  
pp. 513-526 ◽  
Author(s):  
Christian Tomuschat
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
The Rule Of Law ◽  
Basic Law ◽  
European Court ◽  
German Constitutional Court ◽  
The Individual ◽  
Willingness To Cooperate

The Federal Republic of Germany counts among the earliest States parties to the European Convention on Human Rights (ECHR). It ratified the ECHR on 5 December 1952, three years ahead of Italy, and hence found itself among the original members of the treaty system when the ECHR entered into force on 3 September 1953. For the new democratic Government, it was a decision of principle to affirm its willingness to cooperate peacefully within the group of European States, submitting to an international review mechanism with regard to all of its activities. Therefore, very shortly afterwards, it accepted also the individual application under Article 25 ECHR, which at that time was not yet compulsory for all States parties. For many years under the Nazi dictatorship, Germany had brought death and destruction to its neighbours. Now, organized under a democratic and liberal constitution, the Basic Law (BL), it wanted to manifest its newfound identity as a civilized State abiding by the rule of law.

scholarly journals The Randstad Case: Melki Reloaded? The Fundamental Right to Effective Judicial Protection as Battleground for Judicial Supremacy in European Law

2021 ◽  
Vol 4 (1) ◽  
pp. 53-68
Author(s):  
Orlando Scarcello
Keyword(s):  
European Court Of Justice ◽  
Constitutional Court ◽  
European Law ◽  
Eu Law ◽  
Court Of Justice ◽  
European Court ◽  
Judicial Supremacy ◽  
Judicial Protection ◽  
The Eu

This paper will examine the recent preliminary reference to the European Court of Justice issued by the Italian Court of Cassation in the Randstad case, aimed at rearranging the internal constitutional separation between ordinary and administrative courts (article 111(8) of the Constitution). I will first provide some context on both the relations between Italian and EU courts (2.1) and on the confrontation between the Court of Cassation and the Constitutional Court in interpreting article 111 (2.2). I will then specifically examine the referring order to the Court of Justice of the EU (3), focusing on the role of general clauses of EU law as articles 4(3) and 19 TEU and 47 of the Charter in it. Finally, I will consider the instrumental use of EU law made by the Cassation to overcome an unpleasant constitutional arrangement. This aligns Randstad with previous cases such as Melki or A v. B and may foster constitutional conflict in the future. 

scholarly journals Institute of constitutional complaint: foreign practice, domestic experience and prospects

2020 ◽  
Vol 2 (2) ◽  
pp. 7-15
Author(s):  
Larysa Nalyvaiko ◽  
Olha Chepik-Tregubenko
Keyword(s):  
International Law ◽  
Parallel Implementation ◽  
Effective Means ◽  
National Level ◽  
Constitutional Court ◽  
European Court ◽  
Foreign Countries ◽  
Important Direction ◽  
Undue Burden ◽  
The Individual

The article deals with the problem of realization of the constitutional complaint in foreign countries and its peculiarities and further prospects in Ukraine. It is emphasised that the introduction of the constitutional complaint and the parallel implementation of the doctrine of amicable treatment of international law in the Constitutional Court will comprehensively promote the protection of citizens’ rights at national level and, as a result, can be an effective means of avoiding undue burden on the European Court of Human Rights. The most relevant directions for the constitutional complaint in Ukraine are identified: the intro-duction of a full constitutional complaint, but not a regulatory one which is in force today; inability to review the decision of the Court of Justice for a final judgement already enforced, etc. It is pointed out that the introduction of a normative model of constitutional complaint in Ukraine provoked a number of discussions regarding the full realization of the rights of the individual, but the situation in the state should be evaluated first and foremost. Various statistics on the constitutional complaint in Ukraine and in foreign countries are presented and analyzed. It is highlighted that given the complex political and economic situation in the coun-try and other factors, the implementation of the constitutional complaint institute should be moderate in nature and be gradual, elaborated and legally predicted by specialists. It is emphasised that the introduction of a complete model of constitutional complaint is an important direction of development of constitutional modernization in Ukraine which should move in parallel with political, social, economic reforms. With a view to the effective and transparent implementation of the constitutional complaint institute in Ukraine, the need for clarification of the provision of Article 78 on the grounds for issuing the interlocutory order, since the question remains as to what exactly should be referred to as the term “irre-versible consequences”; attention to the issue of meaningful filling of the concept of “public interest” (Part 2 of Article 77 of the Law of Ukraine “On the Constitutional Court of Ukraine”).

scholarly journals UKRAINIAN COURTS AND THE PROTECTION OF HUMAN RIGHTS

2016 ◽  
pp. 68-75
Author(s):  
Victor Muraviov
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Constitutional Court ◽  
European Court ◽  
The Supreme Court ◽  
Protection Of Human Rights ◽  
Efficient Protection ◽  
Independent Functioning ◽  
Positive Effect

The article is focused on the interaction between the Ukrainian courts of general jurisdiction and the Constitutional Court of Ukraine in the area of the protection of human rights. There is emphasized that their independent functioning does not provide for the efficient protection of individual rights and freedoms and significantly increases the number of the judicial recourses of the Ukrainian citizens to the European Court of Human Rights. Particular attention is paid to the role of the Constitutional Court of Ukraine in the protection of human rights, which combines the functions of the constitutional control and constitutional supervision. Its activities are focused on the official interpretation on the Constitution of Ukraine. Attention is paid to the list those who may bring the actions before the Constitutional Court, which includes apart from the state bodies the natural and legal persons. The is mentioning of the issues on initiating of proceedings before the Court. Also broadly is analyzed Constitutional Court’ activities concerning the interpretation of the Constitution in the light of the European Convention on Human Rights and other international agreements dealing with the protection of human rights. The article stresses on the contribution of other Ukrainian courts in the affirmation of the constitutional concept of the protection of human rights and freedoms in Ukraine. The majority of resolutions of such highest judicial body in the system of courts of general jurisdiction as the Supreme Court of Ukraine concern the judgments of the European Court of Human Rights. As it is emphasized in the article the independent functioning on the Constitutional Court and the courts of general jurisdiction does not provide for the cooperation between both branches of courts. Courts of general jurisdiction feel free as to the appeal to the Constitutional Court. Even when such appeals are directed to Constitutional Court the decisions of the letter are not binding to the courts of general jurisdiction. Special attention is paid to the introduction of the institute of constitutional complaint and its positive effect on the judicial mechanism of the protection of human rights in Ukraine.

An Emerging Right to a “Gay” Family Life? The CaseOliari v. Italyin a Comparative Perspective

2016 ◽  
Vol 17 (3) ◽  
pp. 451-485 ◽  
Author(s):  
Sabrina Ragone ◽  
Valentina Volpe
Keyword(s):  
Human Rights ◽  
Family Life ◽  
European Convention ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Same Sex Couples ◽  
European Court ◽  
National Perspective ◽  
The Right

This Article analyses, through the lens of comparative law, theOliari and others v. Italyjudgment, which was issued by the European Court of Human Rights (ECtHR) in July 2015. TheOliaricase is important for being the first judgment in which the ECtHR established the granting of legal “recognition and protection” to same-sex couples as a positive obligation for the Member States of the Council of Europe on the basis of Article 8 of the European Convention on Human Rights. In order to understand the role of judicial bodies in the progressive protection of homosexual rights, this Article combines an analysis of European case law with the national perspective. As it concerns the supranational facet, the authors illustrateOliari's reasoning and situate the case in the jurisprudence of the ECtHR. Elements of both continuity and innovation emerge from the analysis, as well as a relevant dimension of judicial dialogue supporting the incremental recognition of gay rights in Europe. As it concerns the national facet, this specific case was initially dealt with at the domestic level and was the object of judgment 138/2010 by the Italian Constitutional Court. The judgment is critically put into perspective through the examination of the jurisprudence of other European Constitutional Courts (France, Portugal and Spain) that were called on to decide similar cases in the same period. Therefore, the Article offers a comparative analysis of theOliarijudgment clarifying its relevance and speculating on the potential value of this case for the future recognition of the right to a “gay” family life in Europe.

scholarly journals The highest courts’ activities as a factor establishing precedent in the capacity of a source of Ukrainian law

2020 ◽  
pp. 365-369
Author(s):  
Vasyl Nepyivoda ◽  
Ivanna Nepyivoda
Keyword(s):  
Supreme Court ◽  
Constitutional Court ◽  
Stare Decisis ◽  
Legal Rules ◽  
National Courts ◽  
European Court ◽  
The Supreme Court ◽  
State Of Affairs ◽  
Obiter Dictum

The Ukrainian legislation does not apply the term «precedent». It is understandable for the legal system of the Romano-Germanic family. However, judicial precedents serve as de facto source of Ukrainian law. Activities of the highest judicial institutions, the European Court of Human Rights (ECtHR), the Constitutional Court of Ukraine and the Supreme Court, providing guidelines on application of particular legal rules are principal contributors for this state of affairs. The paper provides an overview of such activities in order to evaluate the process and its prospects. Covering the ECtHR activities, it is noted that the key elements of precedent law, such as application of stare decisis doctrine, ratio decidendi and obiter dictum components in decisions, are available there. Ukrainian courts are obliged by the statutes to apply ECtHR judgements and decisions in their own cases. Hence, the judicial precedents created by the ECtHR are the source of Ukrainian law. This discussion is followed by an analysis of the Constitutional Court of Ukraine decisions. It is concluded that been interpretative precedents they serve as a source of law as well. The third institution under examination, the Supreme Court, is empowered, inter alia, to formulate in its rulings guidelines for the application of law in a variety of situations. Since such rules are binding on the courts and other authorities, they have inherent features of the precedents and should be considered as a source of law. The article summarizes that Ukraine falls within the continental Europe’s general trend. It implies the significant growth of the role of the European and national courts as a rule-making institutions resulting in reinforcement of the precedent as a source of law and its formalization in terms of the civil law jurisdictions. In general, such process allowing prompt adaptation to the contemporary realities is positive. To facilitate it, the term «precedent» have to be introduced into the practical area. In particular, the role of judicial precedent as a source of law should be reflected in the Ukrainian procedural legislation.

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