scholarly journals A Changing and Multi-scalar EU Borderscape: The Expansion of Asylum and the Normalisation of the Deportation of EU and EFTA Citizens

2020 ◽  
Vol 9 (3) ◽  
pp. 21-33
Author(s):  
José A Brandariz ◽  
Cristina Fernández-Bessa
Keyword(s):  
Human Mobility ◽  
Trade Association ◽  
Critical Function ◽  
Irregular Migrants ◽  
European Free Trade Association ◽  
Migration Crisis ◽  
Forced Return ◽  
Migration Law ◽  
The Eu

The sorting of individuals is one critical function performed by migration law. These legal regulations are based on dichotomies, such as separating irregular migrants from regular migrants. However, through the multi-scalar management of human mobility, the conflicting coexistence of national and supranational interests decentres these legal binaries. Therefore, migration law devices sort newcomers in a more complex way, giving shape to multilayered and unstable hierarchies of otherness. Using Spain as a case study on migration control changes, this paper addresses the role that migration law enforcement institutions play in cementing and eroding these legal categories. First, it analyses the consequences of the so-called ‘migration crisis’ in enlarging a European asylum system that, until recently, seemingly rests on few countries. Second, it examines the increasing normalisation of the forced return of European Union (EU) (and European Free Trade Association [EFTA]) nationals, which undermine a critical prerogative of the EU citizenship status.

Square Pegs and Round Holes: The Free Movement of Persons Under EEA Law

2017 ◽  
Vol 19 ◽  
pp. 165-186
Author(s):  
Christian NK FRANKLIN
Keyword(s):  
Free Trade ◽  
Case Law ◽  
Fundamental Principle ◽  
Free Movement ◽  
Trade Association ◽  
Eu Law ◽  
European Free Trade Association ◽  
Court Of Justice ◽  
Free Movement Of Persons ◽  
The Eu

AbstractWhilst the European Union’s aim of achieving an ‘ever closer Union’ is not an objective of EEA cooperation, homogeneity demands that we follow the same path: as the Union gets ever closer, so too does EEA cooperation, in light of the demands of the fundamental principle of homogeneity. This is particularly well demonstrated by looking at developments in the field of the free movement of persons. The case law of the Court of Justice of the European Free Trade Association (EFTA Court) in this field shows that in situations where homogeneity is put to the test, there seems little to suggest that a more national sovereignty-friendly approach has been adopted than under EU law. Notwithstanding the integral differences between the EU and EEA legal constructs, the EFTA Court has proven highly adept at keeping pace with EU developments in the field through a number of bold and creative interpretations of EEA law, and by using different tools to arrive at uniform conclusions.

scholarly journals The Impact of EURODAC in EU Migration Law: The Era of Crimmigration?

2019 ◽  
Vol 3 (1) ◽  
pp. 157-183 ◽  
Author(s):  
Benedita Menezes Queiroz
Keyword(s):  
Law Enforcement ◽  
Personal Data ◽  
Public Security ◽  
Security Measures ◽  
Legal Regime ◽  
Irregular Migrants ◽  
Access To Data ◽  
The Impact ◽  
Migration Law ◽  
The Eu

Counter-terrorism and public security measures have significantly altered EU immigration law. Under the premise that EU instruments which regulate EU immigration databases influence the legal regime of irregularity of migrants’ statuses, the present article argues that the latest developments in the area of data technology contribute to the phenomenon of “crimmigration”. This is so not only because they may generate a sort of “digital illegality” due to their impact on the categorisation of migrants, but also because they enable a conflation of treatment of irregularity, asylum seeking and criminality. This article focuses on the recent amendments and proposals for amendments to the EURODAC Regulation, a database that regulates the asylum fingerprint system in the EU. This is revealing of the ongoing broadening of the purpose of that data and law enforcement access to the collected information. The argument finds its basis in three main trends common to these databases: the erosion of the principle of purpose limitation, the widening of access to data by law enforcement authorities, and the digitalisation of borders through biometrics. Ultimately, this article claims that the level of surveillance of certain categories of migrants that may cross the borders of the EU puts at risk the distinction between illegally staying irregular migrants and criminals, given that the treatment of their personal data is insufficiently clear in practice.

scholarly journals Introduction to Symposium on Framing Global Migration Law – Part II

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 134-135
Author(s):  
Jaya Ramji-Nogales ◽  
Peter J. Spiro
Keyword(s):  
International Law ◽  
Crime Control ◽  
Human Mobility ◽  
Historical Context ◽  
Human Movement ◽  
Control Approach ◽  
Global Migration ◽  
Economic Migration ◽  
Migration Crisis ◽  
Migration Law

Part I of this symposium on framing global migration law introduced broad conceptual parameters of a new field, looking back to its international law roots and forward to a new orientation beyond the strictures of refugee law. Part II looks to situate global migration law along a range of theoretical dimensions. Jacqueline Bhabha establishes the continuities of human movement in a historical context, modern and premodern. Far from representing a radical departure, the current migration “crisis” is consistent with massive migrations over the ages. Tendayi Achiume considers migration through the lens of colonization and decolonization. Out-migration from Europe was a core economic element of the colonization project; Achiume suggests that contemporary migration from former dependencies to metropolitan powers will correct co-dependencies that continue to advantage postcolonial powers. Focusing Achiume's lens on the problem of human trafficking, Janie Chuang complicates the binary depictions of economic migration that underpin contemporary international law. She suggests that global migration law's grounding in a migrant-centered perspective could help state actors to understand the structural causes of modern-day exploitation, enabling a shift from a crime control approach to a human mobility paradigm.

scholarly journals Communicating European Archives: Challenges, Strategies and Tools

Atlanti ◽  
2018 ◽  
Vol 28 (1) ◽  
pp. 11-15
Author(s):  
Dieter Schlenker
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Framework ◽  
Trade Association ◽  
Digital Archives ◽  
The European Union ◽  
The Public ◽  
European Free Trade Association ◽  
Historical Archives ◽  
The Eu

This article outlines the insights gained during the establishment of a communications strategy for the Historical Archives of the European Union (HAEU) in Florence. The article reflects on how key messages of a unique transnational European archives are construed from its mission, legal framework and in close collaboration with EU institutional archives services. It also sheds light on how to identify a specific European target audience for the Archives and other key elements of a communications strategy for a European archives.The HAEU is the official home for the historical documents of the European Union Institutions, Bodies and Agencies. It is part of the European University Institute, a unique academic hub for doctoral and post-doctoral European studies. It houses, at Villa Salviati in Florence, seven kilometres of paper and digital archives as well as rich audio-visual and oral history collections documenting the historical process of European integration and cooperation. The EU-institutional archives are made accessible to the public after 30 years.The HAEU also hosts 160 deposits of private papers from eminent European political leaders, EU officials and pioneers in the European integration process, and a unique collection of archives of pro-Eu-ropean movements and non-EU organisations with a European scope, such as the European Space Agen-cy and the European Free Trade Association.

Waiting (and Paying) for Godot: Analyzing the Systemic Consequences of the Solidarity Crisis in EU Asylum Law

2020 ◽  
Vol 22 (1) ◽  
pp. 60-81
Author(s):  
Luisa Marin
Keyword(s):  
Ad Hoc ◽  
Irregular Migrants ◽  
First Case ◽  
Asylum Law ◽  
The Status ◽  
Dublin Regulation ◽  
Migration Crisis ◽  
Structural Solutions ◽  
The Eu

Abstract What is left of the principle of solidarity in the context of EU asylum law? The aim of this article is to analyze the follow-up of the solidarity crisis the EU has experienced with the failure of relocation schemes. Relocation schemes have tried to alleviate the consequences of the so-called migration crisis of 2015–2016, but did not prove to be successful, because of the low relocation rates, in addition to open contestation by states of the Visegrad group. Against the background of the stalemate of the reform of the Dublin Regulation, the article analyzes ‘measures’ adopted after the failure of relocation schemes, focusing in particular on administrative arrangements to counter secondary movements and ‘ad hoc’ temporary disembarkation schemes. Both measures are aiming at fixing longstanding questions (e.g., limiting secondary movements, providing safe disembarkation for irregular migrants): in the first case, States proceed at bilateral level with arrangements creating fast-track returns and stopping secondary movements; in the second case, the EU is trying to support states’ arrangements for disembarkation of migrants after SAR operations. The article shows that, while reforms of legislative instruments are not progressing, Member States and, to some extent, also EU institutions are going down the lane of ‘operational and informal arrangements’, which are ‘bricolage solutions’ to counterbalance undesired effects of the status quo, while waiting for structural solutions that are necessary but not in sight. The article discusses the dangers of such a trend toward informal operational solutions, as a challenge to the EU as a system of governance based on the rule of law.

scholarly journals EU Country and EFTA Country Export Differences

2021 ◽  
Vol 14 (4) ◽  
pp. 147
Author(s):  
Guðmundur Kristján Óskarsson ◽  
Helga Kristjánsdóttir
Keyword(s):  
Gross Domestic Product ◽  
Geographic Distance ◽  
Domestic Product ◽  
Trade Association ◽  
The European Union ◽  
European Free Trade Association ◽  
Efta Country ◽  
Trade Bloc ◽  
The Uk ◽  
The Eu

This research seeks to analyze the export differences facing countries in the EU and EFTA. This is firstly to analyze the effects on international trade of the trade bloc of the European Union (EU), and secondly the European Free Trade Association (EFTA), and provide a comparison of these two. This research seeks to analyze exports determinants to answer these two questions. There are two countries selected for this study, the small EFTA country Iceland, and the large EU country UK, before BREXIT. We apply a gravity model in our econometric analysis, with exports dependent on the gross domestic product, population, and geographic distance. We estimate these effects on the exports of both the UK and Iceland in separate equation systems. We conclude that exports from the UK, before BREXIT, are more negatively affected by geographical distance than exports for the EFTA country Iceland, when corrected for gross domestic product and population size.

scholarly journals EU policy on irregular migration: the impact of the refugee crisis 2014-2015

2017 ◽  
pp. 8-17
Author(s):  
N. N. Bolshova
Keyword(s):  
Refugee Crisis ◽  
Irregular Migration ◽  
Migration Routes ◽  
Eu Policy ◽  
Irregular Migrants ◽  
Migrant Smuggling ◽  
Migration Crisis ◽  
Mediterranean Migration ◽  
The Impact ◽  
The Eu

The paper reviews the current EU policy on irregular migration under the influence of refugee crisis. This crisis urged the EU to streamline and consolidate all the available legal, political and administrative tools to reach the synergy effect in the management of immigration flows into the EU. However the main weakness of the EU approach appears to be the dependence on the opportunities and interests of the third countries (of origin and transit of irregular migrants) to cooperate effectively with the EU institutions and Member-states in such key spheres as fight against migrant smuggling, security of external borders, implementation of readmission agreements, asylum policy. The author evaluates the state of progress on the main Mediterranean migration routes since the beginning of the migration crisis in 2014, analyses some recent EU initiatives, particularly the EU NAVFOR MED Operation Sophia and the new Partnership Framework with third countries under the European Agenda on Migration. In conclusion, the author attempts to assess the effects of these actions.

scholarly journals 'Migration crisis' and the far right networks in Europe: A case study of Serbia

2018 ◽  
Vol 13 (2) ◽  
pp. 131-178
Author(s):  
Marina Lažetić
Keyword(s):  
Active Role ◽  
Western Balkans ◽  
Security Threat ◽  
Media Content Analysis ◽  
Far Right ◽  
Transit Country ◽  
Attractive Option ◽  
Migration Crisis ◽  
The Eu

During the 'migration crisis' Serbia has been a transit country. However, several thousands of migrants and refugees remained 'stuck' in the Western Balkans after the closure of the Balkan Route, and issues related to their potential integration provided a platform for Serbian far right movements and parties to establish new and stronger relationships with their European counterparts. This changed the far right landscape in the Western Balkans and allowed anti-European narratives to strengthen. This paper identifies the 'new far right' which is on the rise in Serbia, and its relationships with the larger network of European far right movements. Based on field interviews and social media content analysis, the paper draws a conclusion that if the EU fails to take a more active role in making integration an attractive option for the Western Balkan countries, the rise of far right movements in the region could present a serious security threat.

Iceland

2017 ◽  
Author(s):  
Gabriel Moss QC ◽  
Bob Wessels ◽  
Matthias Haentjens
Keyword(s):  
European Commission ◽  
Free Trade ◽  
Internal Market ◽  
Trade Association ◽  
European Economic Area ◽  
European Economic ◽  
Eu Legislation ◽  
European Free Trade Association ◽  
The Eu

Iceland is not a member of the EU. However, as a member of the European Free Trade Association (EFTA), it participates in the EU’s internal market through the Agreement on the European Economic Area (EEA). Iceland adopts EU legislation with the most notable exclusions being laws regarding agriculture and fisheries. The EEA was established on 1 January 1994 upon entry into force of an agreement between the EFTA States and the EU’s predecessors. A Joint Committee consisting of the EEA–EFTA States plus the European Commission, representing the EU, has a role of extending relevant EU law to the non-EU members. An EEA Council meets at least biannually to govern the overall relationship between the EEA members. The EFTA Surveillance Authority and the EFTA Court regulate the activities of the EFTA members in respect of their obligations under the EEA Agreement.

scholarly journals Prevalence and estimation of hepatitis B and C infections in the WHO European Region: a review of data focusing on the countries outside the European Union and the European Free Trade Association

2013 ◽  
Vol 142 (2) ◽  
pp. 270-286 ◽  
Author(s):  
V. D. HOPE ◽  
I. ERAMOVA ◽  
D. CAPURRO ◽  
M. C. DONOGHOE
Keyword(s):  
Hepatitis B ◽  
Sex Workers ◽  
European Region ◽  
Trade Association ◽  
Hcv Rna ◽  
Published Data ◽  
The European Union ◽  
European Free Trade Association ◽  
Sex With Men ◽  
The Eu

SUMMARYKnowledge of hepatitis B and C prevalence, and numbers infected, are important for planning responses. Published HBsAg and anti-HCV prevalences for the 20 WHO European Region countries outside the EU/EFTA were extracted, to complement published data for the EU/EFTA. The general population prevalence of HBsAg (median 3·8%, mean 5·0%, seven countries) ranged from 1·3% (Ukraine) to 13% (Uzbekistan), and anti-HCV (median 2·3%, mean 3·8%, 10 countries) from 0·5% (Serbia, Tajikistan) to 13% (Uzbekistan). People who inject drugs had the highest prevalence of both infections (HBsAg: median 6·8%, mean 8·2%, 13 countries; anti-HCV: median 46%, mean 46%, 17 countries), and prevalence was also elevated in men who have sex with men and sex workers. Simple estimates indicated 13·3 million (1·8%) adults have HBsAg and 15·0 million (2·0%) HCV RNA in the WHO European Region; prevalences were higher outside the EU/EFTA countries. Efforts to prevent, diagnose, and treat these infections need to be maintained and improved.This article may not be reprinted or reused in any way in order to promote any commercial products or services.

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