Pub Date : 2021-11-10DOI: 10.1163/15718166-12340104
Alessio Sardo
This essay explores the impact of N.D. and N.T. v. Spain on the ECHR system. The case deals with the immediate return of aliens at Melilla’s border fence. Based on conceptual analysis, the author submits to critical scrutiny the arguments developed by the ECtHR. The Court’s reasoning is framed within the riveting interdisciplinary debate on external border control. The Grand Chamber’s final decision reduces the scope of the protection offered by Article 4 Protocol 4, for it introduces a highly indeterminate exception to the prohibition of summary returns at the border. The author suggests that this solution might favor non-entrée strategies and promote the current trend of externalizing the asylum procedures. Introducing broad exceptions to the prohibition of collective expulsion, especially if coupled with strong presumptions in favor of States, increases the effectiveness of border walls qua accountability waivers.
{"title":"Border Walls, Pushbacks, and the Prohibition of Collective Expulsions: The Case of N.D. and N.T. v. Spain","authors":"Alessio Sardo","doi":"10.1163/15718166-12340104","DOIUrl":"https://doi.org/10.1163/15718166-12340104","url":null,"abstract":"\u0000This essay explores the impact of N.D. and N.T. v. Spain on the ECHR system. The case deals with the immediate return of aliens at Melilla’s border fence. Based on conceptual analysis, the author submits to critical scrutiny the arguments developed by the ECtHR. The Court’s reasoning is framed within the riveting interdisciplinary debate on external border control. The Grand Chamber’s final decision reduces the scope of the protection offered by Article 4 Protocol 4, for it introduces a highly indeterminate exception to the prohibition of summary returns at the border. The author suggests that this solution might favor non-entrée strategies and promote the current trend of externalizing the asylum procedures. Introducing broad exceptions to the prohibition of collective expulsion, especially if coupled with strong presumptions in favor of States, increases the effectiveness of border walls qua accountability waivers.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42965258","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 : 2021-06-03DOI: 10.18572/2071-1182-2021-2-31-36
A. Zueva
The purpose of the study is to determine the relationship of changes occurring in the scientific environment with the process of making managerial decisions of state governments in the field of migration. Since 2017, European demographers have started using a new research method — digital demography. This method makes it possible to analyze the behavior of migrants, migration flows, and to develop recommendations in terms of making managerial decisions in the implementation of the national migration policy by studying digital traces. This paper is devoted to the description of this method. Conclusion: the author has studied the impact of digitalization on migration processes. Recommendations on the application of the digital demography method in the development of digital transformation of public administration in the field of migration are developed.
{"title":"The Application of Modern Methods to the Study of Demographic Processes as a Factor of the Digital Transformation of Public Administration in the Migration Sector","authors":"A. Zueva","doi":"10.18572/2071-1182-2021-2-31-36","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-2-31-36","url":null,"abstract":"The purpose of the study is to determine the relationship of changes occurring in the scientific environment with the process of making managerial decisions of state governments in the field of migration. Since 2017, European demographers have started using a new research method — digital demography. This method makes it possible to analyze the behavior of migrants, migration flows, and to develop recommendations in terms of making managerial decisions in the implementation of the national migration policy by studying digital traces. This paper is devoted to the description of this method. Conclusion: the author has studied the impact of digitalization on migration processes. Recommendations on the application of the digital demography method in the development of digital transformation of public administration in the field of migration are developed.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"30 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83928463","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 : 2021-06-03DOI: 10.18572/2071-1182-2021-2-3-7
T. Rostovskaya, V. Skorobogatova
The purpose of the study is a brief analysis of the legal aspects of educational migration in the context of the challenges of the pandemic. The article uses a comparative legal method that includes an analysis of Russian and foreign legislation in support of educational mobility and increasing the migration attractiveness for young scientists. The study revealed that the COVID-19 pandemic almost halted migration processes in 2020, signifi cantly affecting educational migration. In general, there is a decrease in the number of foreign students who have decided to study abroad, while some countries have maintained the indicators of attracting students from abroad. What factors have determined this phenomenon in the format of closed borders, what new tools and legal solutions are offered by foreign partners in conditions of restrictions? Findings: the authors of the publication answer these questions by demonstrating both foreign experience and the results of the work of Russian universities in attracting foreign students in the context of the pandemic. The authors also formed proposals for improving the legislation to preserve and develop the achieved indicators of educational migration. Internationalization encourages the quality of education, the diversity of education, and the free exchange of educational resources. In the context of a pandemic, educational migration can stimulate both creative educational technologies and modern legal solutions.
{"title":"Legal Aspects of Educational Migration within the Framework of Challenges of the Pandemic","authors":"T. Rostovskaya, V. Skorobogatova","doi":"10.18572/2071-1182-2021-2-3-7","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-2-3-7","url":null,"abstract":"The purpose of the study is a brief analysis of the legal aspects of educational migration in the context of the challenges of the pandemic. The article uses a comparative legal method that includes an analysis of Russian and foreign legislation in support of educational mobility and increasing the migration attractiveness for young scientists. The study revealed that the COVID-19 pandemic almost halted migration processes in 2020, signifi cantly affecting educational migration. In general, there is a decrease in the number of foreign students who have decided to study abroad, while some countries have maintained the indicators of attracting students from abroad. What factors have determined this phenomenon in the format of closed borders, what new tools and legal solutions are offered by foreign partners in conditions of restrictions? Findings: the authors of the publication answer these questions by demonstrating both foreign experience and the results of the work of Russian universities in attracting foreign students in the context of the pandemic. The authors also formed proposals for improving the legislation to preserve and develop the achieved indicators of educational migration. Internationalization encourages the quality of education, the diversity of education, and the free exchange of educational resources. In the context of a pandemic, educational migration can stimulate both creative educational technologies and modern legal solutions.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"14 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73681375","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 : 2021-06-03DOI: 10.18572/2071-1182-2021-2-16-20
S. Ryazantsev, Osim K. Kasymov
The purpose of the study is to identify the features of the transformation of the migration policy of the Russian Federation in 2000–2020, as well as identifying the role of the Central Asian countries and their priorities in migration policy. The article uses analytical and statistical research methods to identify the geographical priorities of the migration policy of the Russian Federation. The analysis of the conceptual documents reflecting the key messages of the Russian migration policy was carried out. Findings: it is revealed that in recent years, citizens of Central Asian countries have been actively receiving documents that give the right to long — term residence in Russia-a temporary residence permit and a residence permit, as well as Russian citizenship. Despite the importance of migration from Central Asia for Russia, this region is hardly mentioned in official documents on migration policy and migration regulation. Conclusions: migrants from Central Asian countries make a significant contribution to the socio-demographic development of Russia: first, migration partially reduces the shortage of labor resources, provides labor for many sectors of the economy and regions; second, migration replenishes the population of regions and localities where depopulation occurs; third, migrants partially compensate for the decline in the birth rate and the number of children in some regions and localities of the country. The Russian migration policy does not officially identify priorities for inviting migrants from Central Asia to permanent residence in the country. However, in practice, migrants from Central Asian countries are officially considered by the Russian authorities as temporary labor.
{"title":"TRANSFORMATION OF RUSSIA’S MIGRATION POLICY: TRENDS, PRIORITIES, AND THE PLACE OF CENTRAL ASIAN COUNTRIES","authors":"S. Ryazantsev, Osim K. Kasymov","doi":"10.18572/2071-1182-2021-2-16-20","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-2-16-20","url":null,"abstract":"The purpose of the study is to identify the features of the transformation of the migration policy of the Russian Federation in 2000–2020, as well as identifying the role of the Central Asian countries and their priorities in migration policy. The article uses analytical and statistical research methods to identify the geographical priorities of the migration policy of the Russian Federation. The analysis of the conceptual documents reflecting the key messages of the Russian migration policy was carried out. Findings: it is revealed that in recent years, citizens of Central Asian countries have been actively receiving documents that give the right to long — term residence in Russia-a temporary residence permit and a residence permit, as well as Russian citizenship. Despite the importance of migration from Central Asia for Russia, this region is hardly mentioned in official documents on migration policy and migration regulation. Conclusions: migrants from Central Asian countries make a significant contribution to the socio-demographic development of Russia: first, migration partially reduces the shortage of labor resources, provides labor for many sectors of the economy and regions; second, migration replenishes the population of regions and localities where depopulation occurs; third, migrants partially compensate for the decline in the birth rate and the number of children in some regions and localities of the country. The Russian migration policy does not officially identify priorities for inviting migrants from Central Asia to permanent residence in the country. However, in practice, migrants from Central Asian countries are officially considered by the Russian authorities as temporary labor.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"5 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77564797","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 : 2021-06-03DOI: 10.18572/2071-1182-2021-2-8-11
A. G. Khabibulin, Kamil R. Mursalimov
Purpose: definition of national identification in Russia in connection with modern migration processes. Methods: analysis of methodological aspects of restricting the rights of migrants in connection with the problem of preserving the identity of Russian society. Findings: the current state, problems, directions of development and implementation of migration legislation are considered, the analysis of methodological aspects of restricting the rights of migrants in connection with the problem of preserving the identity of Russian society is carried out. Conclusions: The need to consolidate the potential of the public authorities, to focus the efforts of society on defending the interests of the Russian state and national identification.
{"title":"Uniqueness of the Russian Society in View of Migration Processes: A Right-Conferring Aspect","authors":"A. G. Khabibulin, Kamil R. Mursalimov","doi":"10.18572/2071-1182-2021-2-8-11","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-2-8-11","url":null,"abstract":"Purpose: definition of national identification in Russia in connection with modern migration processes. Methods: analysis of methodological aspects of restricting the rights of migrants in connection with the problem of preserving the identity of Russian society. Findings: the current state, problems, directions of development and implementation of migration legislation are considered, the analysis of methodological aspects of restricting the rights of migrants in connection with the problem of preserving the identity of Russian society is carried out. Conclusions: The need to consolidate the potential of the public authorities, to focus the efforts of society on defending the interests of the Russian state and national identification.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"50 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83674675","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 : 2021-06-03DOI: 10.18572/2071-1182-2021-2-26-30
E. Ryabova
Purpose: to assess the existing prospects for e-tax residence on the basis of the revealed significant characteristics of existing approaches to e-individual residence in foreign countries and international tax consequences. Methods: an analysis of the legal regime for e-residents in Estonia from the standpoint of taxing digital business in this country by Russian tax residents, an analysis of the legal regime for digital “nomads” introduced by countries with a comfortable climate, as well as an analysis of a draft introducing e-tax residence regime in Ukraine. The paper is based on the comparative study and the extrapolation of the findings got from the analysis of the draft law in Ukraine to the Russian reality. Findings: the analysis of e-residency regimes for individuals in foreign countries showed the existence of two main approaches to their design: (1) e-residency, not based on physical presence and loss of tax residency in one’s own country, with the right to conduct digital business through a company — tax resident (Estonian experience), and (2) tax residency for digital “nomads” for the purpose of physical presence in a country with comfortable climatic environment and remote work in their countries, accompanied by the potential loss of tax residency in the country of labor or business. Conclusion: In connection with the digitalization, the legislator in foreign countries provides interesting ideas regarding the digital or physical attraction of migrants to their countries. Several countries have announced the launch of e-tax residency programs. However, in the context of traditional international taxation related to personal income such programs will show ineffectiveness.
{"title":"Digital Migration of Individuals: Legal Issues of International Taxation","authors":"E. Ryabova","doi":"10.18572/2071-1182-2021-2-26-30","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-2-26-30","url":null,"abstract":"Purpose: to assess the existing prospects for e-tax residence on the basis of the revealed significant characteristics of existing approaches to e-individual residence in foreign countries and international tax consequences. Methods: an analysis of the legal regime for e-residents in Estonia from the standpoint of taxing digital business in this country by Russian tax residents, an analysis of the legal regime for digital “nomads” introduced by countries with a comfortable climate, as well as an analysis of a draft introducing e-tax residence regime in Ukraine. The paper is based on the comparative study and the extrapolation of the findings got from the analysis of the draft law in Ukraine to the Russian reality. Findings: the analysis of e-residency regimes for individuals in foreign countries showed the existence of two main approaches to their design: (1) e-residency, not based on physical presence and loss of tax residency in one’s own country, with the right to conduct digital business through a company — tax resident (Estonian experience), and (2) tax residency for digital “nomads” for the purpose of physical presence in a country with comfortable climatic environment and remote work in their countries, accompanied by the potential loss of tax residency in the country of labor or business. Conclusion: In connection with the digitalization, the legislator in foreign countries provides interesting ideas regarding the digital or physical attraction of migrants to their countries. Several countries have announced the launch of e-tax residency programs. However, in the context of traditional international taxation related to personal income such programs will show ineffectiveness.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"114 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77655595","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 : 2021-06-03DOI: 10.18572/2071-1182-2021-2-37-40
Veronika D. Khoda
Purpose: the purpose of this article is to identify the key features of prosecutorial supervision in the field of illegal migration, which are attributed to this activity in theory, and also manifested in practice. Methods: presented by both general scientific and special methods. General scientific methods, in particular, include: analysis, synthesis, inductive-deductive method, etc. Among the special research methods, one can single out: the method of analyzing normative legal acts, the method of analyzing law enforcement practice, the method of system analysis, etc. Findings: based on the results of the analysis, the most conceptual tasks were formulated to improve the efficiency of prosecutorial supervision in the field of migration legal relations at the present stage in Russia. Conclusions: the presence of significant problems with the observance of the rule of law in the field of migration presupposes the adoption of additional measures, which should be aimed at strengthening the effectiveness of the prosecutor’s supervision over the observance of the migration legislation of the Russian Federation. In particular, such measures can be: increasing the level of information, analytical and methodological support of activities carried out within the framework of this type of prosecutor’s supervision; as well as the expansion and deepening of cooperation between the prosecutor’s office and public associations that counter illegal migration.
{"title":"Prosecutor’s Supervision over Illegal Migration: The Theory and Practice","authors":"Veronika D. Khoda","doi":"10.18572/2071-1182-2021-2-37-40","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-2-37-40","url":null,"abstract":"Purpose: the purpose of this article is to identify the key features of prosecutorial supervision in the field of illegal migration, which are attributed to this activity in theory, and also manifested in practice. Methods: presented by both general scientific and special methods. General scientific methods, in particular, include: analysis, synthesis, inductive-deductive method, etc. Among the special research methods, one can single out: the method of analyzing normative legal acts, the method of analyzing law enforcement practice, the method of system analysis, etc. Findings: based on the results of the analysis, the most conceptual tasks were formulated to improve the efficiency of prosecutorial supervision in the field of migration legal relations at the present stage in Russia. Conclusions: the presence of significant problems with the observance of the rule of law in the field of migration presupposes the adoption of additional measures, which should be aimed at strengthening the effectiveness of the prosecutor’s supervision over the observance of the migration legislation of the Russian Federation. In particular, such measures can be: increasing the level of information, analytical and methodological support of activities carried out within the framework of this type of prosecutor’s supervision; as well as the expansion and deepening of cooperation between the prosecutor’s office and public associations that counter illegal migration.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"78 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82476539","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 : 2021-06-03DOI: 10.18572/2071-1182-2021-2-12-15
Anton V. Romanov
In this article, the purpose of the study was to study the state concept of the migration policy of the Russian Federation, which was adopted for 2019-2025. In addition, we analyzed the relationship between the provisions of the Constitution of the Russian Federation, but also with other normative legal acts regulating migration relations in the Russian Federation. In the theoretical part, the main task of the migration policy of the Russian Federation, in connection with the put into effect of the state migration Concept, taking into account the fact that the main directions of the state migration policy and the mechanisms of its implementation actually imply the achievement of the results necessary to normalize relations in the sphere of movement. Special attention should be paid to combating corruption in the performance of functions related to the provision of public services in the service sector, causing a challenge to eliminate conditions and conducive to corruption, as well as informatization of the spheres of state and public life. It is concluded that the conclusion is that the exercise by citizens of their right to free movement, specified in Art. 27 of the Constitution of the Russian Federation.
{"title":"Constitutional Fundamentals of the Migration Policy of the Russian Federation","authors":"Anton V. Romanov","doi":"10.18572/2071-1182-2021-2-12-15","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-2-12-15","url":null,"abstract":"In this article, the purpose of the study was to study the state concept of the migration policy of the Russian Federation, which was adopted for 2019-2025. In addition, we analyzed the relationship between the provisions of the Constitution of the Russian Federation, but also with other normative legal acts regulating migration relations in the Russian Federation. In the theoretical part, the main task of the migration policy of the Russian Federation, in connection with the put into effect of the state migration Concept, taking into account the fact that the main directions of the state migration policy and the mechanisms of its implementation actually imply the achievement of the results necessary to normalize relations in the sphere of movement. Special attention should be paid to combating corruption in the performance of functions related to the provision of public services in the service sector, causing a challenge to eliminate conditions and conducive to corruption, as well as informatization of the spheres of state and public life. It is concluded that the conclusion is that the exercise by citizens of their right to free movement, specified in Art. 27 of the Constitution of the Russian Federation.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"14 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79857619","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 : 2021-06-03DOI: 10.18572/2071-1182-2021-2-21-25
Olga D. Vorobyeva, A. Topilin, T. S. Khrolenko
Purpose: to prove the necessity of changing the direction of the Russian Federation migration policy towards repatriation and to substantiate the contribution of the new migration policy to the labor resources replacement. Methods: the materials prepared by experts of the IPM «Forum Pereselencheskih Organizacii» («Right to Homeland» project (President of the Russian Federation grant for the development of civil society provided by the Presidential Grants Fund No. 20-2-002592 dated 06 July 2020). Findings: substantiated the necessity of restructuring the migration policy towards repatriation; analyzed the potential effect of the migration policy, built in accordance with the principle of humanity, on the participation of the migrant population in the Russian Federation labor force. Conclusions: The Russian Federation, being at the second stage of depopulation, is forced to take effective measures: taking into account the need to cope with negative socio-economic and demographic trends, Russia should implement measures to attract migrants, especially Russians living abroad, and to ensure their settlement in historical homeland.
{"title":"Reproduction of Labor Resources and the Migration Policy","authors":"Olga D. Vorobyeva, A. Topilin, T. S. Khrolenko","doi":"10.18572/2071-1182-2021-2-21-25","DOIUrl":"https://doi.org/10.18572/2071-1182-2021-2-21-25","url":null,"abstract":"Purpose: to prove the necessity of changing the direction of the Russian Federation migration policy towards repatriation and to substantiate the contribution of the new migration policy to the labor resources replacement. Methods: the materials prepared by experts of the IPM «Forum Pereselencheskih Organizacii» («Right to Homeland» project (President of the Russian Federation grant for the development of civil society provided by the Presidential Grants Fund No. 20-2-002592 dated 06 July 2020). Findings: substantiated the necessity of restructuring the migration policy towards repatriation; analyzed the potential effect of the migration policy, built in accordance with the principle of humanity, on the participation of the migrant population in the Russian Federation labor force. Conclusions: The Russian Federation, being at the second stage of depopulation, is forced to take effective measures: taking into account the need to cope with negative socio-economic and demographic trends, Russia should implement measures to attract migrants, especially Russians living abroad, and to ensure their settlement in historical homeland.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"41 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81159720","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: 10.1163/15718166-12340097
Lynn Hillary
This article aims to provide guidelines to the courts of the Member States and the CJEU concerning the authorship of external migration management deals, and the judicial review of such deals based on the general principles of EU law. The selected example of external migration management is the EU-Turkey Deal, which is identified in this article as an example of ‘pseudo-authorship’: the EU is the de facto author of the deal, but the Member States (as pseudo-authors) are regarded by the General Court as the actual authors. The article shows that the pseudo-authorship approach may lead to the circumvention of general principles of EU law. To avoid further erosion of these principles in the wake of any future deals on migration management, a definite need for a serious investigation of authorship exists. This article recommends assessing authorship with the three scenarios in mind that are identified in this article: the EU as only author; the EU as de facto author and the Member States as pseudo-authors; or the Member States as only authors. All three scenarios, it is argued here, induce judicial review based on the general principles of EU law.
{"title":"Down the Drain with General Principles of EU Law? The EU-Turkey Deal and ‘Pseudo-Authorship’","authors":"Lynn Hillary","doi":"10.1163/15718166-12340097","DOIUrl":"https://doi.org/10.1163/15718166-12340097","url":null,"abstract":"\u0000This article aims to provide guidelines to the courts of the Member States and the CJEU concerning the authorship of external migration management deals, and the judicial review of such deals based on the general principles of EU law.\u0000The selected example of external migration management is the EU-Turkey Deal, which is identified in this article as an example of ‘pseudo-authorship’: the EU is the de facto author of the deal, but the Member States (as pseudo-authors) are regarded by the General Court as the actual authors. The article shows that the pseudo-authorship approach may lead to the circumvention of general principles of EU law.\u0000To avoid further erosion of these principles in the wake of any future deals on migration management, a definite need for a serious investigation of authorship exists. This article recommends assessing authorship with the three scenarios in mind that are identified in this article: the EU as only author; the EU as de facto author and the Member States as pseudo-authors; or the Member States as only authors. All three scenarios, it is argued here, induce judicial review based on the general principles of EU law.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"23 1","pages":"127-151"},"PeriodicalIF":1.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43262382","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：