Pub Date : 2021-05-31DOI: 10.1163/15718166-12340096
I. Majcher, T. Strik
The article discusses the recast of the EU Return Directive (2008/115/EC) from the perspective of effectiveness and fundamental rights protection, as two underlying objectives of the Directive. Relying on the implementation assessment of the Directive carried out by the European Parliamentary Research Service, the article analyses the way in which Member States have implemented the Directive and how this has impacted the effectiveness of the Directive. If adopted as proposed, will the recast strengthen or further undermine the effectiveness? The assessment focuses on return decision, voluntary departure, entry ban, and detention. It also looks at omissions in the recast proposal, namely a missed opportunity to remedy the current shortcomings as regards non-returnable people. As the article concludes, the recast proposal will hardly improve the effectiveness of return and may lead to violations of fundamental rights of people in an irregular situation.
{"title":"Legislating without Evidence: The Recast of the EU Return Directive","authors":"I. Majcher, T. Strik","doi":"10.1163/15718166-12340096","DOIUrl":"https://doi.org/10.1163/15718166-12340096","url":null,"abstract":"\u0000The article discusses the recast of the EU Return Directive (2008/115/EC) from the perspective of effectiveness and fundamental rights protection, as two underlying objectives of the Directive. Relying on the implementation assessment of the Directive carried out by the European Parliamentary Research Service, the article analyses the way in which Member States have implemented the Directive and how this has impacted the effectiveness of the Directive. If adopted as proposed, will the recast strengthen or further undermine the effectiveness? The assessment focuses on return decision, voluntary departure, entry ban, and detention. It also looks at omissions in the recast proposal, namely a missed opportunity to remedy the current shortcomings as regards non-returnable people. As the article concludes, the recast proposal will hardly improve the effectiveness of return and may lead to violations of fundamental rights of people in an irregular situation.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"23 1","pages":"103-126"},"PeriodicalIF":1.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41750952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-31DOI: 10.1163/15718166-12340099
Sarah Ganty
Over the past 20 years, integration duties imposed on third-country nationals have spread and become more rigid in EU Member States. They increasingly restrict the conditions for obtain-ing residence permits as well as the benefit of social rights. These integration conditions take on singular forms and raise particular issues in relation to the Association Agreement concluded between the European Union and Turkey, in particular with regard to so-called ‘stand-still clauses’. The present article begins from the A v. Udlaendinge-og Integrationsministeriet case and criticises the Court’s silence about the elephant in the room on the issue of integration conditions towards third-country nationals: racial and/or ethnic discrimination. The case is about an integration condition imposed by the Danish Government as a prerequisite for a ‘family reunion’ residence permit for the spouse of a Turkish worker: the spouses must prove that they have a stronger link with Denmark than with Turkey. The solution adopted by the Court of Justice in striking down this integration condition is not surprising. However, its reasoning suggests more tolerance – or even laxity – about the way the concept of integration is used by the Member States. This situation is problematic insofar as these integration conditions, the very principle of which is questionable per se, conceal increasingly discriminatory and exclusionary measures which the Court is reluctant to denounce, as opposed to the Euro-pean Court of Human Rights.
在过去20年中，强加给第三国国民的一体化义务在欧盟成员国蔓延并变得更加严格。他们越来越多地限制获得居留许可的条件以及社会权利的利益。这些一体化条件具有独特的形式，并引发了与欧洲联盟和土耳其之间缔结的《结盟协定》有关的特殊问题，特别是所谓的“静止条款”。本文从A诉Udlandinge og integration Ministeriet一案开始，批评法院在针对第三国国民的融合条件问题上对房间里的大象保持沉默：种族和/或民族歧视。本案涉及丹麦政府规定的一项融合条件，作为土耳其工人配偶获得“家庭团聚”居留许可的先决条件：配偶必须证明他们与丹麦的联系比与土耳其的联系更紧密。法院在取消这一融合条件时采取的解决办法并不令人惊讶。然而，它的推理表明，会员国对一体化概念的使用方式更加宽容，甚至松懈。这种情况是有问题的，因为这些融合条件本身的原则就有问题，掩盖了法院不愿谴责的日益歧视性和排斥性的措施，而欧洲人权法院则不愿意谴责这些措施。
{"title":"Silence Is Not (Always) Golden: A Criticism of the ECJ’s Approach towards Integration Conditions for Family Reunification","authors":"Sarah Ganty","doi":"10.1163/15718166-12340099","DOIUrl":"https://doi.org/10.1163/15718166-12340099","url":null,"abstract":"Over the past 20 years, integration duties imposed on third-country nationals have spread and become more rigid in EU Member States. They increasingly restrict the conditions for obtain-ing residence permits as well as the benefit of social rights. These integration conditions take on singular forms and raise particular issues in relation to the Association Agreement concluded between the European Union and Turkey, in particular with regard to so-called ‘stand-still clauses’. The present article begins from the A v. Udlaendinge-og Integrationsministeriet case and criticises the Court’s silence about the elephant in the room on the issue of integration conditions towards third-country nationals: racial and/or ethnic discrimination. The case is about an integration condition imposed by the Danish Government as a prerequisite for a ‘family reunion’ residence permit for the spouse of a Turkish worker: the spouses must prove that they have a stronger link with Denmark than with Turkey. The solution adopted by the Court of Justice in striking down this integration condition is not surprising. However, its reasoning suggests more tolerance – or even laxity – about the way the concept of integration is used by the Member States. This situation is problematic insofar as these integration conditions, the very principle of which is questionable per se, conceal increasingly discriminatory and exclusionary measures which the Court is reluctant to denounce, as opposed to the Euro-pean Court of Human Rights.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"23 1","pages":"176-201"},"PeriodicalIF":1.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47104404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-01DOI: 10.18572/2071-1182-2021-1-15-18
O. Sazonova
In article the comparative analysis of migration and migration-legal policy is carried out. In a chain of reasoning it is noted that there is a set of types and kinds of policy which have specific distinctive features. In end definitions of migration and migration-legal policy are formulated.
{"title":"Migration Policy and Migration Law Policy: A Comparative Analysis and Definition Issues","authors":"O. Sazonova","doi":"10.18572/2071-1182-2021-1-15-18","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-15-18","url":null,"abstract":"In article the comparative analysis of migration and migration-legal policy is carried out. In a chain of reasoning it is noted that there is a set of types and kinds of policy which have specific distinctive features. In end definitions of migration and migration-legal policy are formulated.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"251 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79935567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-01DOI: 10.18572/2071-1182-2021-1-33-35
N. Skripchenko
The legal analysis carried out shows that Art. 3221 of the Criminal Code of the Russian Federation essentially describes actions not to organize, but to facilitate illegal migration. The blurring of the boundaries between criminal (Art. 3221 of the Criminal Code of the Russian Federation) and administratively punishable (Part 3, Art. 18.9 of the Code of Administrative Offenses of the Russian Federation) leads to the fact that under similar actual circumstances the actions of the perpetrators are given a different legal assessment. The implementation of the new norm in practice not only revealed the flaws in the legislative structure, but also called into question the validity of the criminalization of actions related to the organization of illegal migration.
{"title":"Organization of Illegal Migration (Art. 322.1 of the Criminal Code of the Russian Federation): Legislative Technique and Law Enforcement Issues","authors":"N. Skripchenko","doi":"10.18572/2071-1182-2021-1-33-35","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-33-35","url":null,"abstract":"The legal analysis carried out shows that Art. 3221 of the Criminal Code of the Russian Federation essentially describes actions not to organize, but to facilitate illegal migration. The blurring of the boundaries between criminal (Art. 3221 of the Criminal Code of the Russian Federation) and administratively punishable (Part 3, Art. 18.9 of the Code of Administrative Offenses of the Russian Federation) leads to the fact that under similar actual circumstances the actions of the perpetrators are given a different legal assessment. The implementation of the new norm in practice not only revealed the flaws in the legislative structure, but also called into question the validity of the criminalization of actions related to the organization of illegal migration.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"5 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72954794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-01DOI: 10.18572/2071-1182-2021-1-19-21
O. Kataeva, Nadezhda V. Mulenko
The issues of accessibility and quality of the provision of public services in the field of migration are relevant for every citizen of modern society, as a result of which the improvement of this sphere of activity of the internal affairs bodies is one of the most important areas of increasing the efficiency of their functioning. The transfer of powers to the abolished federal migration service of the Ministry of Internal Affairs of Russia served as the starting point for the agency’s active rule-making activities aimed at legal regulation of a new area of activity related to migration relations. The result of this work was a significant number of administrative regulations of the Ministry of Internal Affairs of Russia for the provision of various kinds of state services in the field of migration. However, not all of the above existing administrative regulations today effectively fulfill their purpose, as a result of which their enforcement needs constant monitoring in order to timely eliminate existing shortcomings, such as the implementation of duplicate administrative actions, redundant functions, etc., which, in the end, may lead to a violation rights and legitimate interests of recipients of public services. In turn, the systematic work of the Ministry of Internal Affairs of Russia to improve the quality of the provision of public services in the field of migration will undoubtedly serve to increase public confidence and citizens’ support for the department’s activities. The authors of the article raise the actual problems arising in the implementation of the administrative regulations of the Ministry of Internal Affairs of Russia for the provision of public services in the field of migration, and suggest some ways to solve them.
{"title":"The Role of Administrative Regulations of the Ministry of Internal Affairs of Russia on State Service Rendering in the Migration Sphere in the Modern Statutory Regulation of Migration Relationships","authors":"O. Kataeva, Nadezhda V. Mulenko","doi":"10.18572/2071-1182-2021-1-19-21","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-19-21","url":null,"abstract":"The issues of accessibility and quality of the provision of public services in the field of migration are relevant for every citizen of modern society, as a result of which the improvement of this sphere of activity of the internal affairs bodies is one of the most important areas of increasing the efficiency of their functioning. The transfer of powers to the abolished federal migration service of the Ministry of Internal Affairs of Russia served as the starting point for the agency’s active rule-making activities aimed at legal regulation of a new area of activity related to migration relations. The result of this work was a significant number of administrative regulations of the Ministry of Internal Affairs of Russia for the provision of various kinds of state services in the field of migration. However, not all of the above existing administrative regulations today effectively fulfill their purpose, as a result of which their enforcement needs constant monitoring in order to timely eliminate existing shortcomings, such as the implementation of duplicate administrative actions, redundant functions, etc., which, in the end, may lead to a violation rights and legitimate interests of recipients of public services. In turn, the systematic work of the Ministry of Internal Affairs of Russia to improve the quality of the provision of public services in the field of migration will undoubtedly serve to increase public confidence and citizens’ support for the department’s activities. The authors of the article raise the actual problems arising in the implementation of the administrative regulations of the Ministry of Internal Affairs of Russia for the provision of public services in the field of migration, and suggest some ways to solve them.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"73 9","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72488058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-01DOI: 10.18572/2071-1182-2021-1-3-6
Olga V. Kurbatova, Lyubov L. Sakulina
The article focuses on the permits required for foreign citizens to work in the Russian Federation. The procedure for labor activity by foreign citizens on the basis of a patent is disclosed. Particular attention is paid to the problems associated with the activities of migrant workers on the basis of a patent.
{"title":"Patent as a Basis for Labor Activities of Foreign Citizens in Russia","authors":"Olga V. Kurbatova, Lyubov L. Sakulina","doi":"10.18572/2071-1182-2021-1-3-6","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-3-6","url":null,"abstract":"The article focuses on the permits required for foreign citizens to work in the Russian Federation. The procedure for labor activity by foreign citizens on the basis of a patent is disclosed. Particular attention is paid to the problems associated with the activities of migrant workers on the basis of a patent.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"22 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72661427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-01DOI: 10.18572/2071-1182-2021-1-28-32
M. Makarenko, M. S. Shuvaeva, Yulia Gorlova
The crime under Art. 127.1 of the Criminal Code of the Russian Federation, it is difficult for a law enforcement officer to qualify this act due to the ambiguity of the interpretation of its constituent objective and subjective signs, as well as due to the lack of a uniform forensic methodology for investigating these actions. These circumstances directly affect the low efficiency of countering these crimes. Based on the analysis of scientific literature and law enforcement practice, the article examines some problematic issues of qualification and investigation of human trafficking, suggests ways of their optimal solution.
{"title":"Human Trafficking: Qualification and Investigation Issues","authors":"M. Makarenko, M. S. Shuvaeva, Yulia Gorlova","doi":"10.18572/2071-1182-2021-1-28-32","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-28-32","url":null,"abstract":"The crime under Art. 127.1 of the Criminal Code of the Russian Federation, it is difficult for a law enforcement officer to qualify this act due to the ambiguity of the interpretation of its constituent objective and subjective signs, as well as due to the lack of a uniform forensic methodology for investigating these actions. These circumstances directly affect the low efficiency of countering these crimes. Based on the analysis of scientific literature and law enforcement practice, the article examines some problematic issues of qualification and investigation of human trafficking, suggests ways of their optimal solution.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"12 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78320110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-01DOI: 10.18572/2071-1182-2021-1-36-38
A. Zubach, O. M. Doroshenko, Denis Yu. Kravtsov
The article deals with the application of administrative and legal means of combating extremism in the field of migration. The analysis of the use of these tools, in relation to the law enforcement activities of subjects, carrying out control functions in the field of migration.
{"title":"Administrative Law Means of Combating Extremism in the Migration Sphere","authors":"A. Zubach, O. M. Doroshenko, Denis Yu. Kravtsov","doi":"10.18572/2071-1182-2021-1-36-38","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-36-38","url":null,"abstract":"The article deals with the application of administrative and legal means of combating extremism in the field of migration. The analysis of the use of these tools, in relation to the law enforcement activities of subjects, carrying out control functions in the field of migration.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"230 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74860918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-01DOI: 10.18572/2071-1182-2021-1-39-40
A. Zueva, T. Lebedeva
The article describes the Third Sunday Winter Demographic School on the topic “Population migration: salvation or threat to the demographic development of Russia and its regions”, held on February 5–6, 2021 at the Higher School of Modern Social Sciences of the Lomonosov Moscow State University. The main trends in migration and demographic development in the context of the pandemic are considered.
{"title":"Migration of the Population: Salvation or Threat to the Demographic Development of Russia and Its Regions","authors":"A. Zueva, T. Lebedeva","doi":"10.18572/2071-1182-2021-1-39-40","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-1-39-40","url":null,"abstract":"The article describes the Third Sunday Winter Demographic School on the topic “Population migration: salvation or threat to the demographic development of Russia and its regions”, held on February 5–6, 2021 at the Higher School of Modern Social Sciences of the Lomonosov Moscow State University. The main trends in migration and demographic development in the context of the pandemic are considered.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"35 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86204090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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