The paradigm of the migration crisis and its influence on national legislation on irregular migration

The aim of this article is to provide a detailed study of the ways in which the paradigm of crisis has influenced the law and practice of European countries in the field of irregular migration. Bearing in mind that the perception of “crisis” is ambiguous and does not have legal definition, the first part of this paper will provide a clarification of its scope and some contexts in which it is used. Secondly, labelling some situations as “crises” requires some urgent and unusual actions. Hence, it is important to indicate what types of legal measures and normative solutions, therefore, prevail nowadays in the practice of states. The countries that are particularly interesting in this context include Germany, Sweden, and Denmark, whose migration policies have, over the course of the past few years, decisively shifted from a relatively open approach towards more restrictive solutions. Although the crisis in the migration context is defined bipolarly, a characteristic feature of the paradigm shift is focusing on the elimination or at least limitation of the presence of foreigners on the territory of the statethrough border controls, obstruction of access to international protection and family reunification, as well as increasing the effectiveness of forced returns. The result of these consideration has led to the conclusion that on the one hand the authorities’ rhetoric of crisis not automatically mean the use of special and emergency measures foreseen by law. On the other hand, the narrative referring to defeat and catastrophe justified the introduction of controversial solutions in a hurry, often with disregard for the detailed analyses and regulatory impactassessment, which are common in such cases. At the same time, the determinant of the shape of the migration law is the “temporariness” inherent in the crisis paradigm. One of its most important elements is the departure from long-term residence permits, guaranteeing a certain stability in connection with international protection, in favour of short-term permits.

Has the CJEU Made the First Step to Put a Stop to the Criminalisation of Migration? Commentary to the Judgement in the Case of JZ in the Context of the COVID-19 Pandemic

The paper presents a critical discussion of the CJEU judgment in the JZ case (C 806/18), in which the Court interpreted Article 11 of Directive 2008/115 that regulates entry ban issuance. The author asks a question of whether an entry ban as a measure limiting the right to free movement has a moral and legal ground in international law and EU law. Moreover, the author focuses on the problem of the criminalisation of irregular migration – both in the context of the established line of the Court’s case law and in the case of a vague national law standard that penalizes illegal stays – the possibility to apply the criminal law concept of error in law and thus exclusion of criminal liability of an illegal migrant.

Turkish-Greek Relations and Irregular Migration at the Southeasternmost Borders of the EU: The 2020 Pazarkule Case

In late February 2020, Turkish authorities declared that they would not avoid refugees who wanted to exit to Europe as a result of which Edirne faced another, this time massive, refugee movement in its history. Eventually, the flocking of hundreds and thousands of desperate people for the purpose of crossing to the European Union (EU) turned into a situation in which Turkey, Greece as well as the European Union involved. This paper investigates the Pazarkule case by analysing foreign policy concerns of both Greece and Turkey. It holds this foreign policy-migration nexus behind Turkey’s as well as Greece’s policy responses and introduces a comparative study by analysing both Greek and Turkish official discourse and sources. This research argues that although Turkey’s and Greece’s refugee policy responses seem to be quite different, they actually have similar aims. That is, both countries use their strategic relations with the EU for their own foreign policy concerns by underlining their foremost importance for the Union in terms refugees trying to make their way to Europe.

Africa faces the challenge of ‘choiceless democracy’

Significance Behind both phenomena lies popular frustration with the perceived inability of democracy to deliver peace and development, and an absence of manifest differences in socio-economic fortunes despite changes in governments, in what has become known as ‘choiceless democracy’. Impacts Political instability will undermine national and foreign direct investment, and therefore economic recovery. Instability and economic difficulties may fuel irregular migration to Europe and the Middle East. Weak state capacity creates possibilities for the emergence of insurgencies, terrorist groups and organised crime.