Pub Date : 2023-08-30DOI: 10.1163/15718166-12340159
Akira Soto-Nishimura
{"title":"The Criminalisation of Irregular Migration in Europe: Globalisation, Deterrence, and Vicious Cycles, written by Matilde Rosina","authors":"Akira Soto-Nishimura","doi":"10.1163/15718166-12340159","DOIUrl":"https://doi.org/10.1163/15718166-12340159","url":null,"abstract":"","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41491411","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 : 2023-05-29DOI: 10.1163/15718166-12340149
V. Stoyanova
Complementary pathways have been offered as a possible solution for facilitating legal admission of people in need of international protection. The current debates about these pathways are characterised by a conceptual and legal quagmire since various issues are invoked and conflated. The objective of this article is to dissect the relevant issues in light of the existing relevant legal frameworks to achieve better clarity. For this purpose, the pathways are compared with resettlement and territorial asylum, to demonstrate their distinctiveness. This possible distinctiveness (i.e., the combination of protection-related and not protection-related considerations) disrupts the existing legal categories for regulating migration. The article shows how the European Convention on Human Rights, EU law and domestic law might respond to this disruption, by examining the granting of visas, the right to leave any country, the right to non-refoulement, the right to family life and relevant procedural rights.
{"title":"Addressing the Legal Quagmire of Complementary Legal Pathways","authors":"V. Stoyanova","doi":"10.1163/15718166-12340149","DOIUrl":"https://doi.org/10.1163/15718166-12340149","url":null,"abstract":"\u0000Complementary pathways have been offered as a possible solution for facilitating legal admission of people in need of international protection. The current debates about these pathways are characterised by a conceptual and legal quagmire since various issues are invoked and conflated. The objective of this article is to dissect the relevant issues in light of the existing relevant legal frameworks to achieve better clarity. For this purpose, the pathways are compared with resettlement and territorial asylum, to demonstrate their distinctiveness. This possible distinctiveness (i.e., the combination of protection-related and not protection-related considerations) disrupts the existing legal categories for regulating migration. The article shows how the European Convention on Human Rights, EU law and domestic law might respond to this disruption, by examining the granting of visas, the right to leave any country, the right to non-refoulement, the right to family life and relevant procedural rights.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48134213","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 : 2023-05-29DOI: 10.1163/15718166-12340148
Joanne van Selm
With so many actors and varying motivations involved, one aspect of the ongoing development of complementary pathways that requires greater attention is the question of whether the pathways are best seen as a top-down or a bottom-up endeavour. Linked to this is the issue of the roles of various actors (i.e., communities, national authorities, the national protection regime and the refugees themselves) in practically creating pathways, and embedding them in an overall refugee protection regime, and how to keep a balance of inputs and expectations among all these different players. The key enquiry of this article is thus whether the bottom-up aspect of complementary pathways lend them any greater chance of success? Can community action be inspired, even requested ‘from above’ by governments or the international organizations? Or does it have to be organic, and start from below? And if complementary pathways are for refugees, how are refugees included?
{"title":"Whose Pathways are They? The Top-Down/Bottom-Up Conundrum of Complementary Pathways for Refugees","authors":"Joanne van Selm","doi":"10.1163/15718166-12340148","DOIUrl":"https://doi.org/10.1163/15718166-12340148","url":null,"abstract":"\u0000With so many actors and varying motivations involved, one aspect of the ongoing development of complementary pathways that requires greater attention is the question of whether the pathways are best seen as a top-down or a bottom-up endeavour. Linked to this is the issue of the roles of various actors (i.e., communities, national authorities, the national protection regime and the refugees themselves) in practically creating pathways, and embedding them in an overall refugee protection regime, and how to keep a balance of inputs and expectations among all these different players. The key enquiry of this article is thus whether the bottom-up aspect of complementary pathways lend them any greater chance of success? Can community action be inspired, even requested ‘from above’ by governments or the international organizations? Or does it have to be organic, and start from below? And if complementary pathways are for refugees, how are refugees included?","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46834141","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 : 2023-05-29DOI: 10.1163/15718166-12340151
Alezini Loxa
In September 2020, the EU Commission published the New Pact on Migration and Asylum in order to offer ‘fresh start’ for EU migration law and policy. Complementary pathways for admission to EU territory were among the proposals set out in the Pact. This article takes stock of the different measures suggested by the Commission to create such complementary pathways. It suggests that the aim of creating complementary pathways remains to a large extent declaratory, it is devised in discretionary operational measures with loose grounding in EU law, and reproduces systemic deficiencies that have characterized EU asylum law in the past decades.
{"title":"Complementary Pathways: Pledging Protection at the Edges of EU Law","authors":"Alezini Loxa","doi":"10.1163/15718166-12340151","DOIUrl":"https://doi.org/10.1163/15718166-12340151","url":null,"abstract":"\u0000In September 2020, the EU Commission published the New Pact on Migration and Asylum in order to offer ‘fresh start’ for EU migration law and policy. Complementary pathways for admission to EU territory were among the proposals set out in the Pact. This article takes stock of the different measures suggested by the Commission to create such complementary pathways. It suggests that the aim of creating complementary pathways remains to a large extent declaratory, it is devised in discretionary operational measures with loose grounding in EU law, and reproduces systemic deficiencies that have characterized EU asylum law in the past decades.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44435951","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 : 2023-05-29DOI: 10.1163/15718166-12340147
V. Stoyanova
In the absence of effective legal means of entry in the EU, asylum seekers arrive spontaneously, a process that involves substantial dangers.1 Countries of protection, on the other hand, engage in deterrence and containment practices, whose compliance with international law can be debated.2 Still, there are serious challenges in qualifying these practices as being in breach of international law obligations.3 At the same time, another reaction that countries of protection have is organizing access to their territory via resettlement and other legal pathways. These other pathways are viewed as complementary to resettlement, which has justified the name ‘complementary pathways.’ They can be framed as ‘legal pathways’ since the person gains access to territory in compliance with the destination country’s legislation, in contrast to spontaneous arrivals. In this sense, the process that leads to entry is regulated. Complementary pathways merit special attention for at least two reasons. First, the concept has been introduced in the New York Declaration of 20164 and further in the UN Global Compact on Refugees of 2018.5 Both are authoritative soft-law instruments which can be seen to exert normative power by virtue of their political programmatic nature. UNHCR, being the main international actor involved in resettlement, keeps advocating for the expansion
{"title":"Complementary Pathways in Murky Legal Waters: A Lost Cause or a Light in the End of the Tunnel?","authors":"V. Stoyanova","doi":"10.1163/15718166-12340147","DOIUrl":"https://doi.org/10.1163/15718166-12340147","url":null,"abstract":"In the absence of effective legal means of entry in the EU, asylum seekers arrive spontaneously, a process that involves substantial dangers.1 Countries of protection, on the other hand, engage in deterrence and containment practices, whose compliance with international law can be debated.2 Still, there are serious challenges in qualifying these practices as being in breach of international law obligations.3 At the same time, another reaction that countries of protection have is organizing access to their territory via resettlement and other legal pathways. These other pathways are viewed as complementary to resettlement, which has justified the name ‘complementary pathways.’ They can be framed as ‘legal pathways’ since the person gains access to territory in compliance with the destination country’s legislation, in contrast to spontaneous arrivals. In this sense, the process that leads to entry is regulated. Complementary pathways merit special attention for at least two reasons. First, the concept has been introduced in the New York Declaration of 20164 and further in the UN Global Compact on Refugees of 2018.5 Both are authoritative soft-law instruments which can be seen to exert normative power by virtue of their political programmatic nature. UNHCR, being the main international actor involved in resettlement, keeps advocating for the expansion","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45206674","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 : 2023-05-29DOI: 10.1163/15718166-12340150
Emiliya Bratanova van Harten
Complementary pathways are often viewed as an entirely political matter. While there is no legal obligation for states to introduce such, this article shows that their presence or absence has a bearing on how the ECtHR assesses compliance with the prohibition of collective expulsion of aliens. This concrete interaction between complementary pathways and human rights law has been introduced through the requirement of “genuine and effective access to means of legal entry” in the case law of the ECtHR. This article clarifies this requirement and assesses its general significance for the role of complementary pathways as a promotor of or a hindrance to human rights protection.
{"title":"Complementary Pathways as “Genuine and Effective Access to Means of Legal Entry” in the Reasoning of the European Court of Human Rights","authors":"Emiliya Bratanova van Harten","doi":"10.1163/15718166-12340150","DOIUrl":"https://doi.org/10.1163/15718166-12340150","url":null,"abstract":"\u0000Complementary pathways are often viewed as an entirely political matter. While there is no legal obligation for states to introduce such, this article shows that their presence or absence has a bearing on how the ECtHR assesses compliance with the prohibition of collective expulsion of aliens. This concrete interaction between complementary pathways and human rights law has been introduced through the requirement of “genuine and effective access to means of legal entry” in the case law of the ECtHR. This article clarifies this requirement and assesses its general significance for the role of complementary pathways as a promotor of or a hindrance to human rights protection.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42755477","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 : 2023-03-07DOI: 10.1163/15718166-12340146
Dora Kostakopoulou, T. Venables
EU citizenship is almost thirty years old and there are many reasons for thinking in a more holistic and constructive way about it. This can be done through the adoption of an EU Citizenship Statute which brings together all EU citizenship rights and dimensions, links clearly EU citizenship rights with the European Pillar on Social Rights, and fundamental rights, that is, the EU Charter of Fundamental Rights, enriches its rights and includes responsibilities for EU citizens. This idea has been supported by the European Parliament and the citizen-led Conference on the Future of Europe. In this manifesto, we present this institutional proposal, examine its drivers and its obstacles and propose the text of its possible articles before lending our attention to the steps required for the statute’s empirical implementation. The adoption of a statute would contribute to the creation of a rights-based and inclusive European community with an effective EU citizenship and enhanced living and working conditions.
{"title":"Towards a Statute on European Union Citizenship: A Manifesto","authors":"Dora Kostakopoulou, T. Venables","doi":"10.1163/15718166-12340146","DOIUrl":"https://doi.org/10.1163/15718166-12340146","url":null,"abstract":"\u0000EU citizenship is almost thirty years old and there are many reasons for thinking in a more holistic and constructive way about it. This can be done through the adoption of an EU Citizenship Statute which brings together all EU citizenship rights and dimensions, links clearly EU citizenship rights with the European Pillar on Social Rights, and fundamental rights, that is, the EU Charter of Fundamental Rights, enriches its rights and includes responsibilities for EU citizens. This idea has been supported by the European Parliament and the citizen-led Conference on the Future of Europe. In this manifesto, we present this institutional proposal, examine its drivers and its obstacles and propose the text of its possible articles before lending our attention to the steps required for the statute’s empirical implementation. The adoption of a statute would contribute to the creation of a rights-based and inclusive European community with an effective EU citizenship and enhanced living and working conditions.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43268165","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 : 2023-03-07DOI: 10.1163/15718166-02501000
{"title":"Front matter","authors":"","doi":"10.1163/15718166-02501000","DOIUrl":"https://doi.org/10.1163/15718166-02501000","url":null,"abstract":"","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136340900","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 : 2023-03-07DOI: 10.1163/15718166-12340144
M. Scott
In 2015, following a series of sub-regional consultations, 109 states endorsed an Agenda for the Protection of Cross-Border Displaced Persons in the Context of Disasters and Climate Change. Although active in supporting the consultative process and notwithstanding their endorsement of this ‘Protection Agenda’, the European Union and its Member States promote ‘effective practices’ in the global South without committing to the same course of action at home. Recognizing that the Protection Agenda is difficult to reconcile with contemporary migration politics in the global North, this article argues that an approach that builds on the European Climate Law commitment to pursue climate change adaptation ‘guided by the best available and most recent scientific evidence’ provides a starting point for addressing some important aspects of human mobility in the context of disasters and climate change, and provides a context for discussing the kind of transformational adaptation called for by the Intergovernmental Panel on Climate Change.
{"title":"Adapting to Climate-Related Human Mobility into Europe: Between the Protection Agenda and the Deterrence Paradigm, or Beyond?","authors":"M. Scott","doi":"10.1163/15718166-12340144","DOIUrl":"https://doi.org/10.1163/15718166-12340144","url":null,"abstract":"\u0000In 2015, following a series of sub-regional consultations, 109 states endorsed an Agenda for the Protection of Cross-Border Displaced Persons in the Context of Disasters and Climate Change. Although active in supporting the consultative process and notwithstanding their endorsement of this ‘Protection Agenda’, the European Union and its Member States promote ‘effective practices’ in the global South without committing to the same course of action at home. Recognizing that the Protection Agenda is difficult to reconcile with contemporary migration politics in the global North, this article argues that an approach that builds on the European Climate Law commitment to pursue climate change adaptation ‘guided by the best available and most recent scientific evidence’ provides a starting point for addressing some important aspects of human mobility in the context of disasters and climate change, and provides a context for discussing the kind of transformational adaptation called for by the Intergovernmental Panel on Climate Change.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41676329","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 : 2023-03-07DOI: 10.1163/15718166-12340143
D. Ivanov, Valeria Viktorovna Pchelitseva
According to the Office of the United Nations High Commissioner for Refugees (UNHCR), the majority of the 5.7 million UNHCR registered refugees from the Syrian Arab Republic (SAR) reside in five Member States of the Organisation of Islamic Cooperation (OIC), namely Egypt, Iraq, Jordan, Lebanon and Turkey. The present study aims to discover the impact of the measures taken by UNHCR, European Union (EU), OIC, and states in question on the durable solution of the problem of externally displaced persons from SAR in accordance with applicable international law. It explores the scope of states’ international law obligations, their concepts of ‘burden sharing’ and ‘durable solution’ as well as legal aspects of the cooperation between the international organisations and states in question. The difference in legal positions of states and international organisations results in the lack of available forms of durable solution to the problem of external displacement from SAR.
{"title":"Durable Solution to the Problem of Externally Displaced Persons from the Syrian Arab Republic in OIC Member States","authors":"D. Ivanov, Valeria Viktorovna Pchelitseva","doi":"10.1163/15718166-12340143","DOIUrl":"https://doi.org/10.1163/15718166-12340143","url":null,"abstract":"\u0000According to the Office of the United Nations High Commissioner for Refugees (UNHCR), the majority of the 5.7 million UNHCR registered refugees from the Syrian Arab Republic (SAR) reside in five Member States of the Organisation of Islamic Cooperation (OIC), namely Egypt, Iraq, Jordan, Lebanon and Turkey. The present study aims to discover the impact of the measures taken by UNHCR, European Union (EU), OIC, and states in question on the durable solution of the problem of externally displaced persons from SAR in accordance with applicable international law. It explores the scope of states’ international law obligations, their concepts of ‘burden sharing’ and ‘durable solution’ as well as legal aspects of the cooperation between the international organisations and states in question. The difference in legal positions of states and international organisations results in the lack of available forms of durable solution to the problem of external displacement from SAR.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45124468","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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