Informal Practices in Illicit Border-Regimes: The Economy of Legal and Fake Travel Documents Sustaining The EU Asylum System

2021 ◽  
Vol 18 (2) ◽  
Author(s):  
Romm Lewkowicz
Keyword(s):  
Asylum Seekers ◽  
Ethnographic Research ◽  
Legal Documents ◽  
Informal Practices ◽  
The Law ◽  
The Eu ◽  
Common Policy

On their route to secure asylum in the EU, asylum seekers rely on various strategies involving both licit and illicit paper practices. Based on ethnographic research with asylum seekers on the move between Turkey, Greece, and Germany, this article takes the realm of legal documents to probe the economy of legality and illegality that sustains the EU asylum system. Looking at how asylum seekers differentiate between their papers, the article demonstrates how efficacy rather than legality is the organizing principle through which papers are evaluated. Rather than being preoccupied with whether a paper is legal or illegal, ‘unauthorized’ migrants on the move evaluate papers on the scale of strong/not strong or dangerous/safe, asking what is more likely to work or pose less threat, and in what circumstances. The notion that both licit and illicit papers have a fickle efficacy in producing legality problematizes common policy and scholarly conceptions of the counterfeit as an informal space that is either external to the law or a perversion of it. Instead, it highlights how the European border and asylum regime exploits the legal/illegal distinction to criminalize asylum-seeking while obscuring how illegality is systematically embedded within it.

Hungarian Asylum Law and Policy in 2015–2016: Securitization Instead of Loyal Cooperation

2016 ◽  
Vol 17 (6) ◽  
pp. 1033-1082 ◽  
Author(s):  
Boldizsár Nagy
Keyword(s):  
Asylum Seekers ◽  
Free Riding ◽  
Theoretical Explanation ◽  
Member States ◽  
Law And Policy ◽  
Asylum Law ◽  
Before And After ◽  
The Law ◽  
Asylum Seekers And Refugees ◽  
The Eu

The study describes Hungary's policy towards asylum seekers and refugees in the tense period of 2015–2016 before and after the erection of fences at its southern borders of Hungary. It offers a theoretical explanation of the legal measures and practical actions. After briefly reviewing the factual basis, that is the magnitude of the movements and the number of decisions taken in the EU and in Hungary and the pertinent legal changes in 2015–2016 it elaborates the theoretical fundaments. Securitization majority identitarian populism and crimmigration are invoked as explanatory frames. The paper then reassembles the factual elements under six headings showing them in a new light. These are: denial, deterrence, obstruction, punishment, free riding constituting lack of solidarity and breaching the law (international, European, domestic). Finally the question is raised if all these moves are compatible with the duty of loyal cooperation of Member States with each-other and the EU as prescribed by article Article 4 (3) TEU.

Bir güvensizlik ülkesi olarak Türkiye’nin mültecileri, Suriyeliler ve Türk mülteciler

2017 ◽  
Vol 4 (1) ◽  
pp. 21-40 ◽  
Author(s):  
Ibrahim Sirkeci
Keyword(s):  
European Union ◽  
Asylum Seekers ◽  
Military Coup ◽  
Syrian Refugees ◽  
Member States ◽  
Refugee Population ◽  
Syrian Crisis ◽  
Syrian Refugee ◽  
Generous Support ◽  
The Eu

Doğu ve güney komşuları üzerinde gelen göç akınlarının ve üye ülkeler arasındaki göçlerin artışıyla Avrupa Birliği (AB) en büyük krizlerinden birini yaşamaktadır. Avrupa’daki en ana tartışma konuları arasında Avrupa’ya göçü ve AB içindeki göçü sınırlamak ve üye ülkeler arasında mülteci kotası ve külfet paylaşımına yapılan itirazlar yer aldı. Bu krizde Türkiye anahtar ülke olarak ortaya çıktı ve ülkedeki büyük Suriyeli mülteci nüfusu ve bu nüfusun Avrupa’ya gitmesini engellemesi karşılığında vaat edilen milyarlarca Avro nedeniyle tartışmaların odağında yer aldı. Suriye krizi 4,8 milyon mülteci yarattı ve 2016 yılı sonu itibariyle bunların 2,8 milyonu Türkiye’de ikamet etmekteydi. Suriyeli mültecilere karşı cömert tavrıyla Türkiye güvenli bir ülke olarak tescil edilmiş oldu. Bu, hikayenin daha karanlık bir başka yüzünü gölgelemektedir. Çünkü aynı ülkenin vatandaşları 1980 askeri darbesinden bu yana milyonu aşkın sığınma başvurusu yaptılar. Ülkenin bugünkü şartları ve yeni veriler, Türkiye’den AB’ye yönelen daha çok mülteci akını olacağını gösteriyor. ABSTRACT IN ENGLISHTurkey’s refugees, Syrians and refugees from Turkey: a country of insecurityThe European Union (EU) has faced one of its biggest crises with the rise of population inflows through its Eastern and Southern neighbours as well as movements within the Union. In 2016, the main debate that dominated Europe was on restricting migration within and into the EU along with concerns and objections to the refugee quota systems and the sharing of the burden among member states. Turkey emerged as a ‘gate keeper’ in this crisis and has since been at the centre of debates because of the large Syrian refugee population in the country and billions of Euros it was promised to prevent refugees travelling to Europe. The Syrian crisis produced over 4.8 million refugees with over 2.8 million were based in Turkey by the end of 2016. Turkey with its generous support for Syrian refugees has been confirmed as a ‘country of security’. This shadows the darker side of affairs as the very same country has also produced millions of asylum seekers since the 1980 military coup. Current circumstances and fresh evidence indicate that there will be more EU bound refugees coming through and from Turkey. 

The promotion of security sector reform strategies: Comparing the roles of the European Union and Canada

2007 ◽  
Author(s):  
Antoine Vandemoorteele
Keyword(s):  
European Union ◽  
International Organizations ◽  
Policy Framework ◽  
The European Union ◽  
Security Sector Reform ◽  
Security Sector ◽  
Post Conflict ◽  
The Eu ◽  
Common Policy

This article analyzes the role of the European Union (EU) and Canada in the promotion of Security Sector Reforms (SSR) activities in two regional organizations, the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO). The concept of SSR seeks to address the effective governance of security in post-conflict environment by transforming the security institutions within a country in order for them to have more efficient, legitimate and democratic role in implementing security. Recent debates within the EU have led to the adoption of an SSR concept from the Council and a new strategy from the European Commission on the SSR activities. Within the framework of the ESDP, the EU has positioned itself as a leading actor, in this domain, including in its crisis management operations. On the other hand, Canada, through its whole-of government and human security programs has also been an important actor in the promotion of SSR activities. Yet, even though several international organizations (including the United Nations, the OSCE and NATO) are effectively doing SSR activities on the ground, there does not exist a common framework within any of these organizations despite the role of the EU and Canada. As such, it is surprising to found no global common policy for SSR while this approach is precisely holistic in its foundations. Taking these elements into consideration, this paper analyzes two specific aspects : a) the absence of a common policy framework within international organizations and b) the major differences between the approaches of the OSCE and NATO in the domain of SSR and the implications for the EU and Canada’ roles.   Full extt available at: https://doi.org/10.22215/rera.v3i2.186

Common Visa Policy: Bordering from Abroad—Applying Admission Criteria before Departure

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
Information System ◽  
Final Section ◽  
Admission Criteria ◽  
Member States ◽  
The Common ◽  
Key Features ◽  
Visa Policy ◽  
Migration Flows ◽  
The Eu ◽  
Common Policy

Visas are specifically aimed at controlling admission at the stage of pre-departure and constitute one of the essential requirements for entry under the Schengen Borders Code. This chapter examines the common policy of the EU, conceptualizing them as pre-authorizations of entry granted before arrival in the territory of the Member States. Visa requirements, as introduced in the Visa Regulation, are perused at the outset, taking account of periodic revisions of the visa lists and the criteria for amendment considered relevant by the EU legislator. The key features of the uniform visa format and the Visa Information System (VIS) are briefly presented, highlighting their contribution to the securitisation of migration flows. Then, the visa issuing procedure, as governed by the Community Code on Visas (CCV), is examined. The final section is reserved to the analysis of the implications of the different components of the policy regarding access to asylum in the Member States.

Politics of Asylum Seekers and Refugees in Turkey: Limits and Prospects of Populism

2020 ◽  
Author(s):  
Fatih Resul Kılınç ◽  
Şule Toktaş
Keyword(s):  
Foreign Policy ◽  
Soft Power ◽  
Asylum Seekers ◽  
Right Wing ◽  
Syrian Civil War ◽  
Turkish Politics ◽  
Right Wing Populism ◽  
Mass Influx ◽  
Asylum Seekers And Refugees ◽  
The Eu

This article addresses the international movement of asylum seekers and refugees, particularly Syrian immigrants, and their impact on populism in Turkish politics between 2011 and 2018. The article argues that populist politics/rhetoric directed against Syrians in Turkey remained limited during this period, especially from a comparative perspective. At a time when rising Islamophobia, extreme nationalism, and anti-immigrant sentiments led to rise of right-wing populism in Europe, populist platforms exploiting specifically migrants, asylum seekers, and the Syrians in Turkey failed to achieve a similar effect. The chapter identifies two reasons for this puzzling development even as the outbreak of the Syrian civil war triggered a mass influx of asylum seekers and irregular immigrants into Turkey. First, the article focuses on Turkey’s refugee deal with the EU in response to “Europe’s refugee crisis,” through which Turkey has extracted political and economic leverage. Next, the article sheds light on Turkey’s foreign policy making instruments that evolved around using the refugee situation as an instrument of soft power pursuant to its foreign policy identity. The article concludes with a discussion of the rise of anti-Syrian sentiments by 2019.

scholarly journals Introduction: Some ponderings on the use of the law in the writing of histories

2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM
Keyword(s):  
Legal Doctrine ◽  
Legal Cases ◽  
Legal Documents ◽  
Historical Significance ◽  
Partial Reconstruction ◽  
The Social ◽  
The Hours ◽  
History Of ◽  
The Subject ◽  
The Law

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.

Season 3: Product Governance. Rethinking Retail Customer Protection in the EU Insurance Market

Global Jurist ◽  
2017 ◽  
Vol 18 (1) ◽  
Author(s):  
Lydia Velliscig
Keyword(s):  
Insurance Market ◽  
Business Rules ◽  
Best Interest ◽  
Convergence Of Solutions ◽  
New Frontier ◽  
Disclosure Of Information ◽  
The Law ◽  
The Eu

AbstractThe regulation of all traditional branches - banking, securities and insurance - of financial law is going through a change in retail customer protection: in this area of the law, an eventual convergence of solutions in client protection initiatives may be found. In a context oriented towards acting in accordance with the best interest of customers, EU legislator currently seeks a new “frontier” in the protection of retail customers and tends to develop new tools and strategies in addition to the disclosure of information and conduct of business rules, in order to remove potentially detrimental products from the market. This contribution examines the “product oversight and governance” principle intended to remedy problems associated with products misselling. In the details, this trend is analyzed with reference to the upcoming insurance distribution directive.

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