scholarly journals THE GOVERNANCE OF MIGRATION THROUGH THE MEDITERRANEAN: A TRANSNATIONAL PERSPECTIVE

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Anna Elia ◽  
◽  
Valentina Fedele
Keyword(s):  
European Union ◽  
Migration Policy ◽  
Border Studies ◽  
Political Agenda ◽  
The European Union ◽  
Global Approach ◽  
Member States ◽  
External Dimension ◽  
The Mediterranean ◽  
The Eu

The paper aims to verify the reproduction of ‘modern coloniality’ through externalising the European borders in Tunisia, Morocco and Algeria, focusing particularly on its discursive and practical articulations. Crossing Critical Border Studies’ approaches and an analytical view on the policies and agreements supporting the externalisation politics, we have tried to trace the evolution of the external dimension of E.U. migration policy from the perspective of both the countries of the Francophone Maghreb and of the member states of the European Union. The results show that beyond the rhetoric of the global approach to externalisation of borders adopted by the EU, Maghrebian states have implemented forms of resistance and accomplishment to make their global political agenda prevail over E.U. attempts to manage the Mediterranean governance migration.

scholarly journals The Influence of the Migration Crisis of 2015 on the EU Migration Policy

2020 ◽  
Vol 24 (3) ◽  
pp. 9-23
Author(s):  
Marianna Gladysh ◽  
Viktor Viktor
Keyword(s):  
European Union ◽  
Middle East ◽  
Mediterranean Region ◽  
Migration Policy ◽  
The European Union ◽  
Member States ◽  
Wide Range ◽  
The Mediterranean ◽  
Migration Crisis ◽  
The Eu

Nowadays the European Union migration policy towards is one of the most important aspects in ensuring internal security of the EU. At the end of the XXth – beginning of the XXI century, Europe faced a new phenomenon – the intensifi cation of migration processes, namely the influx of refugees and migrants-asylum seekers from third countries. Therefore, it led to the creation and development of common migration policy of the European Union. In this regard, it was important to create legislation that could regulate such issues as border security and combating illegal migration, as well as to create a common asylum system. The need to study the legal framework on which the EU policy on migrants and refugees is based, and to study the current state and trends in the migration policy of the member-states of the EU has determined the relevance of this study. The importance of this topic is intensified by the European migration crisis of 2015, which is even described as a humanitarian catastrophe caused by a massive influx of refugees from Africa and the Middle East. It showed the main problems in the sphere of migration policy and policy towards refugees: imperfection of the system of delimitation of the EU competencies; a large number of countries with confl icting interests in various spheres; fragmentation of programs in force at the national level. To address the migration crisis, the EU used a multifaceted strategy: improving and creating new migration management institutions, expanding crossregional dialogue with the countries of the Mediterranean region, Africa and the Middle East; continued to reformat the Mediterranean region (region-building). Potential approaches range from an internal search for strategies in which each member state seeks to defend its own interests (sometimes even against European integration processes) to a more farsighted approach in which member states work together to address a wide range of migration issues.

scholarly journals The migrant crisis in the Mediterranean: A multidimensional challenge for the European Union

2019 ◽  
Vol 19 (4) ◽  
pp. 617-629
Author(s):  
C Anguita Olmedo ◽  
P González Gómez del Miño
Keyword(s):  
European Union ◽  
Methodological Approach ◽  
The European Union ◽  
Political Debate ◽  
Member States ◽  
Institutional Stability ◽  
Social Agenda ◽  
Illegal Migrants ◽  
The Mediterranean ◽  
The Eu

The European Union (EU) throughout its history has been the destination of diverse migratory flows. Therefore, migration has acquired special relevance by occupying a prominent position on the EU’s political, economic, cultural, and social agenda. The most recent migration crisis of 2015 represents a multidimensional challenge with severe consequences that affect, first, the institutional foundations of the EU (governance, security, solidarity of member states and institutional stability) and, second, the migratory policies of receiving states and the EU itself. This crisis is characterized, first, by the high number of illegal migrants that cross the Mediterranean, and, second, by the humanitarian tragedy and insecurity, which make the sea a grey area and an international reference in the migratory processes. The migration-security equation became a field of applied research and analysis, and at the same time a focus of political debate and public opinion. The article aims at analysing the crisis of 2015 and its consequences, which is done by means of the methodological approach based on the consequences that this phenomenon entails for the EU and for certain member states. The response of the EU is limited primarily to securitization by strengthening the external borders, turning towards internal security rather than respecting international and Community Treaties and promotion of their values, which contradicts the anticipated leadership of this global actor. The authors believe that it is necessary to implement new mechanisms in addition to ensuring greater effectiveness of the existing ones.

The European Union in the Mediterranean Sea: Navigating the Political-Legal Shallows

2018 ◽  
Vol 21 (1) ◽  
pp. 271-298
Author(s):  
Stephan F.H. Ollick
Keyword(s):  
European Union ◽  
Mediterranean Sea ◽  
North Africa ◽  
Political Agenda ◽  
The Political ◽  
The European Union ◽  
Regime Complex ◽  
International Migrants ◽  
The Mediterranean ◽  
The Eu

The Mediterranean Sea has long been an important and perilous route for international migrants from the coast of North Africa to the European Union (EU). Manygrants and refugees travelling on overcrowded and unseaworthy dinghies do not survive the crossing. Rising numbers of fatalities put pressure on the EU to address the Mediterranean tragedy with renewed urgency. Frontex Operation Triton (2014–) and the naval mission eunavfor med Operation SOPHIA (2015–) were launched to survey and influence migratory flows. Although thousands of migrants and refugees have thus been delivered from distress at sea, casualty rates remain staggeringly high. Some commentators and organizations have dismissed Frontex and eunavfor med Operation SOPHIA as vehicles of an isolationist political agenda. This overlooks the narrow legal, political and practical confines within which these initiatives operate. Frontex and eunavfor med Operation SOPHIA seek to attain a level of control necessary for the delayed implementation of more ambitious and forward-looking schemes. The unsophisticated, temporary nature of the regime complex currently governing the EU’s activities in the Mediterranean Sea manifests in ambiguous language, in frequent and disparate amendments, and in the brevity of the mandates thus dispensed.

scholarly journals Migration Policy of the European Union on the Countries of Northern Africa

2019 ◽  
pp. 67-83
Author(s):  
Zinaida Sviashchenko
Keyword(s):  
European Union ◽  
North Africa ◽  
Professional Training ◽  
Migration Policy ◽  
Special Role ◽  
The European Union ◽  
Illegal Migration ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article is devoted to the actual issues of the European Union migration policy with regard to the countries of North Africa. Indeed, the intensive migration movement that has recently taken place in Europe has forced the EU to develop a new, adequate migration policy that would be able to effectively address the problems encountered in this area. The reasons and the current state of migration processes are investigated. The main directions and areas of regulation of migration processes in the European Union concerning the countries of North Africa are highlighted. In particular, attention is drawn to such an important direction of the EU migration policy as the fight against illegal migration. The main problems of regulation of migration processes, in particular, labor migrants and refugees, are outlined. The substantial quantitative and qualitative changes that have taken place in the migration processes from the countries of North Africa to Europe have been analyzed. The general economic consequences of migration from the countries of North Africa for donor countries and recipient countries are described. Attention is drawn to the issue of professional training of Africans for further employment in the EU. It is concluded that migration in the EU countries plays a special role due to the aging of the population in European countries and the need to attract labor from third countries. Migration flows between the countries of North Africa and the EU are particularly intense. This is due to the geographical proximity of these regions, as well as close economic, political and cultural ties. Among the priority areas of the EU migration policy, such as border management and the return of illegal migrants to their homeland, convergence of Member States practice in strengthening the common European regime, sharing responsibilities and ensuring the acceptance of refugees with their further resettlement among EU member states.

scholarly journals Crisis in the Mediterranean neighbourhood: A test for the European union migration policy

2015 ◽  
Vol 67 (4) ◽  
pp. 328-348
Author(s):  
Nikola Stojanovic
Keyword(s):  
European Union ◽  
National Level ◽  
Migration Policy ◽  
The European Union ◽  
Migration Strategy ◽  
Member States ◽  
Asylum Policy ◽  
Eu Member States ◽  
Immigration And Asylum ◽  
The Eu

The paper analyses the implementation of the EU immigration and asylum policy and the control of EU member states' external borders in the aftermath of the Arab Spring. The author argues that the European Union pursues an exclusive version of those policies aimed at reducing the immigration pressure as well as preventing illegal border crossings into the member states. Two key mechanisms have been identified in the EU policy implementation: 1) a restrictive border control regime, and 2) agreements to transfer border management and supervision tasks to the third countries (transitional countries). The author emphasizes that the development of an exclusive migration strategy was not followed by the needed changes of the inclusive aspects of the EU immigration and asylum policy and the control of external borders; in fact, the EU member state's asylum systems were not preventively strengthened as to enhance national capacities to receive and integrate new migrants. The dramatic increase of the number of illegal crossings of the European Union external borders in 2014 caused the collapse of the EU immigration strategy, and failures in national asylum systems of the member states. The author concludes that partially integrated EU immigration and asylum policy at national level led to the dysfunctional external border management and the EU's loss of control over massive immigration influxes.

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

Core of State Sovereignty and Boundaries of European Union's Identity in the Lissabon – Urteil

2010 ◽  
Vol 11 (4) ◽  
pp. 399-418
Author(s):  
Elisabetta Lanza
Keyword(s):  
European Union ◽  
State Sovereignty ◽  
Constitutional Court ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In the 2009 judgment dealing with the Treaty of Lisbon, the German Federal Constitutional Court urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power and also provides a reasoning on the role of the European Union (EU) as an international organization, the principle of sovereignty and the relations between European Institutions and Bodies and the EU Member States. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). In spite of the 1993 landmark judgment, the so-called “Maastricht Urteil”, the Court steps forward and focuses also the subject-matters that necessarily have to pertain to the Member States jurisdiction, the so-called “domain reserve”. The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system and focuses on the force of the right to vote of every citizen, the basis of democracy.Furthermore, the decision of the German Federal Constitutional Court highlights the well-known issue of the EU's identity and the balancing between EU democracy and Member State sovereignty. In the light of the German Constitutional Court statements, the present work aims to understand which could be actually the EU's identity and how could be approached “democratic deficit” of the EU.

The EU's Economic Cooperation with North Korea: The Possibility as a Useful Tool to Complement Korea-US Cooperation

2009 ◽  
Vol 12 (2) ◽  
pp. 125-149 ◽  
Author(s):  
Jong-Sue Lee
Keyword(s):  
European Union ◽  
Human Rights ◽  
Korean Peninsula ◽  
North Korea ◽  
The United States ◽  
Policy Position ◽  
The European Union ◽  
Member States ◽  
The North ◽  
The Eu

North Korea conducted 2nd nuclear test on May 25, 2009. It made a vicious circle and continued military tension on the Korean Peninsula. North Korea regime got a question on the effectiveness of the six party talks and ‘security-economy exchange model’. In addition, the North Korea probably disappointed about the North Korea issue has been excluded from the Obama administration's policy position. So the dialogue or relationship recovery with the United States and North Korea through six-party talks or bilateral talks will be difficult for the time being. This paper examines the EU policy on North Korea. Based on the results, analyzes the EU is likely to act as a balancer on the Korean Peninsula. Through the procedure of deepening and expanding the economic and political unification, the EU utilizes their cooperative policies towards North Korea as an ideal opportunity to realize their internal value and to confirm the commonness within the EU members. The acceleration of the EU's unification, however, began to focus on human rights, and this made their official relationship worse. Yet, the EU is continuously providing food as wells as humanitarian and technological support to North Korea regardless of the ongoing nuclear and human rights issues in North Korea. Also, the number of multinational corporations investing in North Korea for the purpose of preoccupying resources and key industries at an individual nation's level has been increasing. The European Union has unique structure which should follow the way of solving the problem of member states like subsidiary principle. It appears to conflict between normative power of the European Union and strategic interests on member states. This paper examines if the European Union is useful tool to complement Korea-US cooperation in the near future.

scholarly journals How to tackle the growing problem of type 2 diabetes in the European Union?

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
N M Mahrouseh ◽  
D W Njuguna ◽  
O A Varga
Keyword(s):  
Type 2 Diabetes ◽  
European Union ◽  
Communicable Diseases ◽  
Health Determinants ◽  
Diabetic Patients ◽  
The European Union ◽  
Member States ◽  
Non Communicable Diseases ◽  
The Eu

Abstract Background There is an alerting increase in the population affected by type 2 diabetes mellitus (T2DM) in the European Union (EU) with significant socioeconomic burden. According to an estimation by the International Diabetes Federation, by 2030, the total number of diabetic patients will be 38 million in EU. The “screen and treat” strategies that predominantly applied in policies to prevent T2DM have not achieved significant success, as reported by a large systematic review and meta-analysis published in 2017. Although the member states of the EU have almost full responsibilities for actions in the field of health, the EU has to tackle non-communicable diseases by targeting health determinants and lifestyle mostly through non-binding policies. The goal of this work is to review the T2DM prevention policies in the EU and compare with tobacco policies, from a legal perspective. Methods Following the systematic search and screening of policies from EUR-lex, a content analysis was carried out by using MonQcle as publicly available legal text document analysis platform, by two coders. The search was limited for regulations, directives and white papers. Results Our data collection consisted of 19 documents including 10 regulations, 6 directives and 3 white papers with relevance to T2DM, covering the following topics: health infrastructure and services, informational policies, economic policies, environmental policies, command and control and social policies. The identified policies covered the time frame of 1972 to 2020. Diabetes was targeted as part of non-communicable diseases. None of the policies was legally binding addressing T2DM directly which is in sharp contrast to the tobacco control policies in the EU. Conclusions T2DM, in fact, is largely preventable. EU institutions should consider to reframe T2DM prevention strategies and consider applying a wide range of population-level legislative and innovative actions to prevent T2DM e.g. taxes on unhealthy food products. Key messages T2DM is a largely preventable disease, effective legal tools should be created and applied matching the scale of such public health problem. T2DM policies of the EU may be subject to change due to additional value of actions taken by the EU compared to that could have been achieved by member states alone.

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