scholarly journals From Persecution to Management of Populations: Governmentality and the Common European Asylum System

Politik ◽  
2011 ◽  
Vol 14 (4) ◽  
Author(s):  
Elspeth Guild
Keyword(s):  
Geneva Convention ◽  
The Other ◽  
Underlying Structure ◽  
European Union Law ◽  
Refugee Protection ◽  
Common European Asylum System ◽  
The Status ◽  
The Common ◽  
The One ◽  
The Eu

Refugee protection has long been an issue of great moral and legal importance among the countries in Eu- rope. European states sent representatives to participate in the drafting of the UN Convention relating to the status of refugees 1951 together with its 1967 protocol – the international commitment to refugee protection and were among the first signatories. They have also been strong supporters of the UN Agency established as guardians of the Geneva Convention – the United Nations High Commission for Refugees (UNHCR) and participate as members of the UNHCR’s Executive Committee. However, these same states, when adopting legislation on refugee protection in European Union law appear Janus faced. On the one hand, statements of commitment to refugee protection are plentiful, on the other, mechanisms adopted aim to exclude the refugee even from being heard. In this article I will examine this contradiction using the concept of governmentality as developed by Michel Foucault. Deploying the three techniques of governmentality which Foucault developed most – sovereignty, discipline and biopolitics, I seek to dissect the asylum protection system the EU is developing and make visible the underlying structure of authority and power. 

Must EU Borders have Doors for Refugees? On the Compatibility of Schengen Visas and Carriers' Sanctions with EU Member States' Obligations to Provide International Protection to Refugees

2008 ◽  
Vol 10 (3) ◽  
pp. 315-364 ◽  
Author(s):  
Violeta Moreno Lax
Keyword(s):  
Geneva Convention ◽  
Eu Law ◽  
International Protection ◽  
Eu Member States ◽  
Common European Asylum System ◽  
The One ◽  
Teleological Interpretation ◽  
Physical Access ◽  
The Eu ◽  
Special Protection

AbstractWhereas the EU is developing a highly protective Common European Asylum System in purported compliance with the Geneva Convention, it is also displaying growing reluctance to provide unhindered access to it to those in need. The question of physical access to protection is ambiguously dealt with within EU law. On the one hand, it appears that entry to the Schengen zone has been designed disregarding refugees' entitlement 'to special protection'. Prior to admission, refugees seem to have been assimilated to the broader class of (potentially illegal) immigrants and thus required to submit to general immigration conditions, including visa. On the other hand, some isolated EU law rules give the impression that refugees are to be exonerated from normal admittance requirements.This article intends to show how, 'in the light of present day conditions,' a contextual, dynamic and teleological interpretation of Articles 31 and 33 of the Geneva Convention as well as of Articles 3 ECHR and 2(2) of Protocol 4 ECHR require that the second set of EU rules be appropriately furthered.

scholarly journals THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

2018 ◽  
pp. 90-98
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
Refugee Status ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Political Group ◽  
The Status ◽  
The Eu

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.

Fences, Fiction, and the Magic Mountain

2021 ◽  
pp. 363-384
Author(s):  
Dana Schmalz
Keyword(s):  
European Convention ◽  
Legal Rules ◽  
Refugee Protection ◽  
Refugee Law ◽  
Common European Asylum System ◽  
The Common ◽  
International Refugee Law ◽  
The One ◽  
Procedural Rights

How to allocate responsibility for refugee protection between states forms a salient question in international refugee law. Explicit principles are lacking, yet there is a growing consensus that the issue of responsibility-sharing relates to the system’s most salient deficiencies. Within Europe, the sharing of responsibility for refugees is equally contested. Explicit legal rules exist within the Common European Asylum System (CEAS) of the EU on the one hand, and the European Convention of Human Rights (ECHR) on the other. The chapter explores the schemes of responsibility-sharing that underlie these two frameworks, the scheme of layered responsibility under the ECHR, and the scheme of alternative responsibility under the Dublin legislation of the CEAS. It discusses the respective implications for the regulation of borders and safeguarding of rights. It points to the role of individual procedural rights arguing that lessons can be learned from the European case which can also apply to the international level.

Social security coordination in Association Agreements

2018 ◽  
Vol 20 (2) ◽  
pp. 116-128 ◽  
Author(s):  
Katharina Eisele
Keyword(s):  
Social Security ◽  
European Commission ◽  
National Level ◽  
The Other ◽  
The World ◽  
Balkan Countries ◽  
The Common ◽  
External Dimension ◽  
The One ◽  
The Eu

In March 2012, the European Commission adopted a Communication on the external dimension of EU social security coordination. On the one hand, the Commission explained that social security coordination between the EU and rest of the world is dealt with at a national level. On the other hand, the Commission argued that a common EU approach to social security coordination with third countries was under development. This common EU approach to social security coordination consists of a number of elements. One element relates to Association Agreements and Stabilisation and Association Agreements. These Agreements and specific Decisions taken by Association Councils (established by such Agreements) stipulate rules, which govern social security coordination for workers and their families, who move between the EU and the associated country. According to the Commission, once the Association Council Decisions are adopted, the common EU approach to social security coordination will be implemented. Six years after the publication of the 2012 European Commission Communication, questions arise as to whether or not the Association Agreements have been implemented, and the reasons for this. This article seeks to examine and contrast selected Association Agreements and Stabilisation and Association Agreements (SAAs), which provide social security rules for the nationals of the contracting parties. These will include the Ankara Agreement concluded with Turkey, the Euro-Mediterranean Agreements with Algeria, Morocco and Tunisia, and the SAAs with the Balkan countries. The aim of this article is to provide an overarching overview of the different legal positions that third-country nationals may rely on, based on their nationality, and to explore whether or not Association Agreements have been implemented in terms of social security coordination rules.

scholarly journals Потенциал иронии в творчестве Людмилы Петрушевской (на примере романа Нас украли. История преступлений)

2020 ◽  
Vol 45 (2) ◽  
Author(s):  
Юлия Брюханова
Keyword(s):  
Foreign Language ◽  
The Other ◽  
The Novel ◽  
Ontological Status ◽  
Common Features ◽  
Significant Element ◽  
Philosophical Aspect ◽  
The Status ◽  
The Common ◽  
The One

Many researchers of Lyudmila Petrushevskaya’s works draw attention to the irony which is the significant element of her prose, drama and poetry. It is important that the ironic principle manifests itself not only as an artistic technique but also as a philosophical aspect. Irony demonstrates the ambivalence of reality. On the one hand, it ridicules and profanes everything. On the other hand, irony gives the certitude of the ontological status of reality. We can see a good example of this function of irony in the novel Nas ukrali. Istoriya prestupleniy (2017). This novel shows the common features of Petrushevskaya’s works – the unity of ironic potential and language. In this case, language is not only the style but first of all the ontological element. This is why the language becomes almost a character in Petrushevskaya’s novel. Irony opens the vital potential of the linguistic personality. As a result, one of the heroes imitates foreign speech but doesn’t speak a foreign language. Irony also helps to reveal the ambivalent nature of life. It shows that our “umora” in Sanskrit and in ancient Indian is “humour” and “death”. So, the game and profanity not only reduce the status of the hero, the image, or the reader’s expectations but, first of all, fill the gap between words, ideas, feelings, and people.

scholarly journals The Disruptive Regularisation Mechanism in the Spanish Law that Challenges the Reform of the Common European Asylum System

2021 ◽  
pp. 31-60
Author(s):  
Laura García-Juan
Keyword(s):  
Active Role ◽  
Immigrant Integration ◽  
Remarkable Feature ◽  
Eu Member States ◽  
Spanish Law ◽  
Integration Policies ◽  
Common European Asylum System ◽  
The Status ◽  
The Common ◽  
The Eu

The debate regarding the extent of EU Member States competences in immigrant integration policies was paused with the Treaty of Lisbon. European institutions took an active role in integration but did not mandate a communal approach. Consequently, each Member State instigated its own policies, which led to a wide diversity of regulations. The policy adopted by Spain stands out because of its particular approach to integration policies, which in this case are applicable to regular and irregular immigrants. A remarkable feature of the migration law in Spain is that it contains a regularisation mechanism for irregular immigrants that does not require them to have a visa in order to obtain the status of temporary residency. This mechanism is known as arraigo social (social ties). In these cases, access to regularity depends on the level of social integration that the immigrant can prove to have achieved. This article analyses the statistics on the use of this mechanism in Spain and discusses whether it could offer a path to asylum seekers looking for an official response after several years of waiting in the EU.

scholarly journals Mobility-as-a-service (MaaS) digital marketplace impact on EU passengers’ rights

2020 ◽  
Vol 12 (1) ◽  
Author(s):  
Erion Murati
Keyword(s):  
Status Quo ◽  
The Other ◽  
Eu Law ◽  
Transport Regulation ◽  
Passenger Travel ◽  
Multimodal Transport ◽  
The Status ◽  
The One ◽  
The Impact ◽  
The Eu

Abstract Integrated and seamless mobility has been a futuristic vision of mobility for a few years already. Today, Mobility as a Service (MaaS) embodies that vision through the integration of existing and new mobility services into one single digital platform, providing customised door-to-door transport and offering personalised trip or packages planning and payment options. The MaaS concept enable a practical shift from a fragmented and unimodal transport towards a harmonized, centralized and multimodal one, yet the current EU transport law, which is based on the principle of unimodality transport regulation, does not cover any passenger multimodal transport. Thus, as MaaS providers generate multimodal travel chains, it’s problematic that under EU law there is no harmonised legal base for multimodal passenger travel. Moreover, passenger rights cannot be guaranteed when an event occurring during one transport segment affects the following one, if the latter segment is operated with another operator of transport. In light of this, the knowledge gaps that this paper aims to fulfil are to comprehend, on the one hand, the status quo of EU passenger legislation and, on the other hand, the impact of MaaS concept on EU passenger’s rights. This will be achieved by analysing the EU transport law and its adequacy to cover passenger’s rights through a MaaS multimodal journey, as well as the position of a MaaS provider in a travel chain.

scholarly journals Migration controls in Italy and Hungary

2020 ◽  
Vol 19 (3) ◽  
pp. 391-412
Author(s):  
Umut Korkut ◽  
Andrea Terlizzi ◽  
Daniel Gyollai
Keyword(s):  
Human Rights ◽  
The Self ◽  
The Other ◽  
Protection Measures ◽  
The Public ◽  
Border States ◽  
Refugee Protection ◽  
Political Narratives ◽  
The One ◽  
The Eu

Abstract This article analyses the humanitarianism and securitisation nexus in effect to migration controls in Italy and Hungary. Noteworthy for our purposes is how the humanitarian discourse is undervalued as the EU border states emphasise either full securitisation or else securitisation as a condition for humanitarianism when it comes to border management and refugee protection measures. Our goal is to trace, on the one hand, how politicians conceptualise humanitarianism for the self and for the extension of the self; and, on the other, how they subscribe to humanitarianism for the other as long as the other follows what the self demands. Reflecting on the institutional and discursive nexus of humanitarianism and securitization in effect to migration controls, we trace political narratives of Europeanisation geared to affect the public. We refer to how securitisation challenges humanitarianism while undervaluing human rights for the other and foregrounding human rights for the self.

THE EU SUGAR MARKET PROFILE AND ITS MAIN DRIVERS

2015 ◽  
Author(s):  
Lubos SMUTKA ◽  
Irena BENEŠOVÁ ◽  
Patrik ROVNÝ ◽  
Renata MATYSIK-PEJAS
Keyword(s):  
Market Failure ◽  
Current System ◽  
Quota System ◽  
Considerable Debate ◽  
Sugar Market ◽  
The Common ◽  
The One ◽  
Production Capacities ◽  
The Given ◽  
The Eu

Sugar is one of the most important elements in human nutrition. The Common Market Organisation for sugar has been a subject of considerable debate since its establishment in 1968. The European agricultural market has been criticized for its heavy regulations and subsidization. The sugar market is one of the most regulated ones; however, this will change radically in 2017 when the current system of production quotas will end. The current EU sugar market changed is structure during the last several decades. The significant number of companies left the market and EU internal sugar market became more concentrated. The aim of this paper is presentation characteristics of sugar market with respect to the supposed market failure – reduction in competition. The analysis also identifies the main drivers and determinants of the EU especially quota sugar market. In relation to paper’s aim the following results are important. The present conditions of the European sugar market have led to market failure when nearly 75 % (10 million tonnes) of the quota is controlled by five multinational companies only. These multinational alliances (especially German and French one) are also taking control over the production capacities of their subsidiaries. In most countries, this causes serious problems as the given quota is controlled by one or two producers only. This is a significant indicator of market imperfection. The quota system cannot overcome the problem of production quotas on the one hand and the demand on the other; furthermore, it also leads to economic inefficiency. The current EU sugar market is under the control of only Sudzucker, Nordzucker, Pfeifer and Langen, Tereos and ABF.

The Problem of the Typology of Rationality in Muslim Culture

2019 ◽  
Vol 62 (6) ◽  
pp. 88-99
Author(s):  
Andrey A. Lukashev
Keyword(s):  
Modern Philosophy ◽  
Theoretical Basis ◽  
Theoretical Models ◽  
The Other ◽  
Common Denominator ◽  
Islamic Culture ◽  
The Common ◽  
Per Se ◽  
The One ◽  
Muslim Culture

The typology of rationality is one of major issues of modern philosophy. In an attempt to provide a typology to Oriental materials, a researcher faces additional problems. The diversity of the Orient as such poses a major challenge. When we say “Oriental,” we mean several cultures for which we cannot find a common denominator. The concept of “Orient” involves Arabic, Indian, Chinese, Turkish and other cultures, and the only thing they share is that they are “non-Western.” Moreover, even if we focus just on Islamic culture and look into rationality in this context, we have to deal with a conglomerate of various trends, which does not let us define, with full confidence, a common theoretical basis and treat them as a unity. Nevertheless, we have to go on trying to find common directions in thought development, so as to draw conclusions about types of rationality possible in Islamic culture. A basis for such a typology of rationality in the context of the Islamic world was recently suggested in A.V. Smirnov’s logic of sense theory. However, actual empiric material cannot always fit theoretical models, and the cases that do not fit the common scheme are interesting per se. On the one hand, examination of such cases gives an opportunity to specify certain provisions of the theory and, on the other hand, to define the limits of its applicability.

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