Pub Date : 2018-11-26DOI: 10.1163/9789004354234_002
S. Carrera, L. D. Hertog, M. Panizzon
{"title":"The External Faces of EU External Migration Law and Policy: an Introduction","authors":"S. Carrera, L. D. Hertog, M. Panizzon","doi":"10.1163/9789004354234_002","DOIUrl":"https://doi.org/10.1163/9789004354234_002","url":null,"abstract":"","PeriodicalId":332188,"journal":{"name":"EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125346093","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-26DOI: 10.1163/9789004354234_017
L. D. Hertog
The issue of eu policy coherence has attracted tremendous attention from academics and policy makers. Alongside much conceptual querying of what policy coherence means, there is a continuous lamenting of the lack of policy coherence, and the need for more is stressed. Political scientists analyse the decision-making procedures and conclude that different eu institutions, bodies and agencies do not coordinate, resulting in policy coherence. Legal scientists bemoan the incoherent eu legal order and argue for further treaty reform. This chapter takes the case of the eu (external) migration policy to show that this widespread incoherence is a normal and inevitable feature of eu governance in this field, and of any pluralistic, democratic and rule of law based system of government. Divergent interests, values, and actors can only be accommodated in policies by allowing for some degree of policy incoherence, it is thus the condition upon which eu policy making is premised. The chapter argues that the dominant preoccupation with policy coherence should be reappraised, and advances a broad notion of coherence embedded in the rule of law.
{"title":"In Defence of Policy Incoherence – Illustrations from EU External Migration Policy","authors":"L. D. Hertog","doi":"10.1163/9789004354234_017","DOIUrl":"https://doi.org/10.1163/9789004354234_017","url":null,"abstract":"The issue of eu policy coherence has attracted tremendous attention from academics and policy makers. Alongside much conceptual querying of what policy coherence means, there is a continuous lamenting of the lack of policy coherence, and the need for more is stressed. Political scientists analyse the decision-making procedures and conclude that different eu institutions, bodies and agencies do not coordinate, resulting in policy coherence. Legal scientists bemoan the incoherent eu legal order and argue for further treaty reform. This chapter takes the case of the eu (external) migration policy to show that this widespread incoherence is a normal and inevitable feature of eu governance in this field, and of any pluralistic, democratic and rule of law based system of government. Divergent interests, values, and actors can only be accommodated in policies by allowing for some degree of policy incoherence, it is thus the condition upon which eu policy making is premised. The chapter argues that the dominant preoccupation with policy coherence should be reappraised, and advances a broad notion of coherence embedded in the rule of law.","PeriodicalId":332188,"journal":{"name":"EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116176761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-26DOI: 10.1163/9789004354234_015
Midori Okabe
{"title":"Beyond “Europeanisation beyond Europe” – the EU-Asia Dialogue on Migration as an Alternative Form of Cooperation","authors":"Midori Okabe","doi":"10.1163/9789004354234_015","DOIUrl":"https://doi.org/10.1163/9789004354234_015","url":null,"abstract":"","PeriodicalId":332188,"journal":{"name":"EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124120667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-26DOI: 10.1163/9789004354234_011
T. Lange
This chapter addresses the intersection of innovation policy and migration law and regulation on the admission of third country national (TCN) entrepreneurs and how intersection can be pushed forward to benefit both policy fields as well as the policy field of integration. The twain do meet, but doubtfully enough to push for the innovation the EU calls for. The chapter discusses a myriad of international, regional or national trade and migration law instruments to facilitate economic migration with more or less attention to innovation The free movement within an ‘innovation zone’ as proposed by the E15 under GATS is presented as a source of inspiration. The chapter then builds on a Dutch case-study of decisions on the entry of migrant entrepreneurs, where innovation is hardly relevant. The multileveled regulation of economic migration and the multiple public and private actors involved creates an inscrutable legal complexity that calls for improvement. The chapter finally touches on a triangulation of innovation, migration and refugee integration policies, setting the stage for a policy innovation by including refugee entrepreneurship in the quest for innovation.
{"title":"Intersecting Policies of Innovation and Entrepreneurship Migration in the EU and the Netherlands","authors":"T. Lange","doi":"10.1163/9789004354234_011","DOIUrl":"https://doi.org/10.1163/9789004354234_011","url":null,"abstract":"This chapter addresses the intersection of innovation policy and migration law and regulation on the admission of third country national (TCN) entrepreneurs and how intersection can be pushed forward to benefit both policy fields as well as the policy field of integration. The twain do meet, but doubtfully enough to push for the innovation the EU calls for. The chapter discusses a myriad of international, regional or national trade and migration law instruments to facilitate economic migration with more or less attention to innovation The free movement within an ‘innovation zone’ as proposed by the E15 under GATS is presented as a source of inspiration. The chapter then builds on a Dutch case-study of decisions on the entry of migrant entrepreneurs, where innovation is hardly relevant. The multileveled regulation of economic migration and the multiple public and private actors involved creates an inscrutable legal complexity that calls for improvement. The chapter finally touches on a triangulation of innovation, migration and refugee integration policies, setting the stage for a policy innovation by including refugee entrepreneurship in the quest for innovation.","PeriodicalId":332188,"journal":{"name":"EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125115694","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-26DOI: 10.1163/9789004354234_009
M. Stefan
{"title":"Migration versus Mobility in EU External Action towards China and India","authors":"M. Stefan","doi":"10.1163/9789004354234_009","DOIUrl":"https://doi.org/10.1163/9789004354234_009","url":null,"abstract":"","PeriodicalId":332188,"journal":{"name":"EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134357520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-26DOI: 10.1163/9789004354234_006
T. Molnár
This contribution deals with the interactions of two functionally differentiated legal orders, i.e. supranational law (European Union (EU) law) and international human rights law, from the perspective of EU law, in a particular field of law: the expulsion/ return of irregular migrants. More specifically, it examines the place and role of international human rights law in the EU Return Directive (Directive 2008/ 115/ EC), which is the key EU law instrument relating to the return of migrants in an irregular situation (this field of law is called the “expulsion of aliens” in the UN International Law Commission’s parlance)and in the return related case- law of the Court of Justice of the EU (CJEU).
{"title":"The Place and Role of International Human Rights Law in the EU Return Directive and in the Related cjeu Case-Law: Approaches Worlds Apart?","authors":"T. Molnár","doi":"10.1163/9789004354234_006","DOIUrl":"https://doi.org/10.1163/9789004354234_006","url":null,"abstract":"This contribution deals with the interactions of two functionally differentiated legal orders, i.e. supranational law (European Union (EU) law) and international human rights law, from the perspective of EU law, in a particular field of law: the expulsion/ return of irregular migrants. More specifically, it examines the place and role of international human rights law in the EU Return Directive (Directive 2008/ 115/ EC), which is the key EU law instrument relating to the return of migrants in an irregular situation (this field of law is called the “expulsion of aliens” in the UN International Law Commission’s parlance)and in the return related case- law of the Court of Justice of the EU (CJEU).","PeriodicalId":332188,"journal":{"name":"EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121153617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-26DOI: 10.1163/9789004354234_018
Dora Kostakopoulou, Marion Panizzon
{"title":"Conclusions","authors":"Dora Kostakopoulou, Marion Panizzon","doi":"10.1163/9789004354234_018","DOIUrl":"https://doi.org/10.1163/9789004354234_018","url":null,"abstract":"","PeriodicalId":332188,"journal":{"name":"EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127494105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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