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The ‘Border Security’ Concept in EU Law European Journal of Migration And Law (IF 1.5) Pub Date : 2024-08-13 Åsa Gustafsson
What ‘border security’ or ‘secure borders’ denote in the EU is not defined. The article explores the concept of border security and how the concept of border security found its way into the supranational EU legislation on border control. The core of the concept of border security can be seen as consisting of ‘border control’, referring to the maintaining of controls of individuals crossing the EU external
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Derogations in Exchange of Increased Responsibility: How Can This Fix the Broken Promise for More Solidarity in the EU? European Journal of Migration And Law (IF 1.5) Pub Date : 2024-08-13 Vasiliki Apatzidou
The 2020 EU Pact on Migration and Asylum introduced a series of legal texts aimed at reforming the existing EU asylum policy. Following years of challenging negotiations, an agreement on the Pact was reached in December 2023 with all the texts published in the Official Journal of the EU in May 2024. This article critically discusses some provisions of three key texts within the Pact: the Asylum Procedures
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EU Boots on the Ground and Effective Judicial Protection against Frontex’s Operational Powers in Return: Lessons from Case T‑600/21 European Journal of Migration And Law (IF 1.5) Pub Date : 2024-08-13 Galina Cornelisse
This article comments on Case T-600/21 to highlight the serious shortcomings in direct actions before EU courts against allegations of fundamental rights violations by Frontex. It contributes to existing scholarship on legal accountability failings with regard to operational activities by Frontex for two reasons. First, the contribution argues that Frontex’s operational competences in the area of return
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The Fiction of Non-entry in European Migration Law: Its Implications on the Rights of Asylum Seekers and Irregular Migrants at European Borders European Journal of Migration And Law (IF 1.5) Pub Date : 2024-08-13 Francesca Rondine
The fiction of non-entry is a legal fiction usually employed by States at their borders. Such a fiction is based on the distinction between the physical presence of a person on the national territory and her legal entitlement to cross the border and reside herewith. More precisely, the fiction of non-entry revolves around the concept of admission and on the premise that unadmitted migrants (i.e. migrants
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When Do Union Citizens and Their Families Have the Right to Equal Treatment on Grounds of Nationality in EU Law? European Journal of Migration And Law (IF 1.5) Pub Date : 2024-08-13 Gareth Davies
Article 18 TFEU appears to prohibit nationality discrimination throughout the scope of EU law, but the Court of Justice uses various techniques to often deny equal treatment to people who are within that scope. It wants to create a layered regime of rights, which takes account of the degree of integration and participation of Union Citizens and their families, but this ambition is in tension with the
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Cooperation within Reason: Tunisia’s Approach to Asylum and Readmission European Journal of Migration And Law (IF 1.5) Pub Date : 2024-06-18 Hiba Sha’ath, Fatma Raach
Since 2011, migration and asylum have grown in salience in EU-Tunisia international cooperation. Through various agreements, the EU has provided technical and financial support to Tunisia to strengthen its border management capabilities, develop a national migration strategy, legislate a national asylum framework, and re-integrate Tunisians who were returned from Europe. However, among the points of
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The Elusive “Collectivised Refugee Protection”: The Case of the EU-Egypt Migration Cooperation European Journal of Migration And Law (IF 1.5) Pub Date : 2024-06-18 El-Sayed
This paper departs from a deductive premise seeking to apply the theory of “collectivised system of refugee responsibility” to the EU-Egypt migration arrangements. In its basic form, the theory proffers the funding and oversight of the wealthy North to assert protection, and integration of refugees in southern countries. At face value, the design and structure of the EU-Egypt migration arrangements
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The Influence of Diplomatic and Foreign Policy Considerations in the Making of Migration and Asylum Policy in Morocco European Journal of Migration And Law (IF 1.5) Pub Date : 2024-06-18 Sara Benjelloun
Can the management of transnational migration and asylum be used as an instrument of foreign policy? From labour market needs to legal issues, electoral pressure, and financial and commercial interests, the scholarly literature on the drivers of migration policy in both the North and the South has focused primarily on domestic factors. The case of Morocco offers a useful additional perspective. The
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A Normative View from the Periphery: Serbia and the EU Asylum Acquis European Journal of Migration And Law (IF 1.5) Pub Date : 2024-06-18 Rados Djurovic
Since 2014, as part of the EU accession negotiations, Serbia is meticulously conducting legal, policy, and institutional reforms in order to align its asylum and migration law and policy with the EU acquis. At the same time, as a consequence of the European policies put in place since 2015 (fences, large-scale pushbacks), Serbia faces a high risk of becoming a buffer zone in between EU Member States
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Taking Stock of the EU-Turkey Statement in 2024 European Journal of Migration And Law (IF 1.5) Pub Date : 2024-06-18 Gamze Ovacık, Meltem Ineli-Ciger, Orçun Ulusoy
The EU-Turkey Statement of March 2016 aimed to end irregular migration from Turkey to the European Union (EU). Since 2016, the relationship between Turkey and the EU has undergone significant changes. While the EU fulfilled only two of its promises under the Statement, Turkey suspended the implementation of the return component of the Statement in 2020 and stopped readmitting third-country nationals
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Defining “Crisis” in Migration Governance: a Critical Legal Mapping of EU Crisis Response Mechanisms European Journal of Migration And Law (IF 1.5) Pub Date : 2024-01-31 Giuseppe Campesi
Over the past ten years, the language of crisis has become increasingly common in discourse about migration governance at the European Union (EU) level, and policy responses have been oriented by an emergency rationale that prioritizes short-term solutions over long-term planning. EU migration and asylum law incorporates several crisis response mechanisms, and the addition of a new set of instruments
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Differential Treatment and Temporary Protection Arrangements: Discrimination or Legitimate Distinctions? European Journal of Migration And Law (IF 1.5) Pub Date : 2024-01-31 Julia Kienast, Jens Vedsted-Hansen
This article analyses the differential treatment among refugees inherent to temporary protection arrangements. What was particularly remarkable in the EU’s response to displacement from Ukraine, for instance, was the free access for Ukrainians to EU territory and even free choice to seek protection in any Member State. Thus, the persons under this arrangement are better off initially, and this may
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Mapping EU Externalisation Devices through a Critical Eye European Journal of Migration And Law (IF 1.5) Pub Date : 2024-01-31 Ermioni Xanthopoulou
The purpose of this article is to scope, map and critique EU externalisation devices in asylum law. The article first evaluates the internal dimension of externalisation in EU asylum law, with the Dublin system being an internal device of externalisation supported by the securitisation of asylum law. The article then maps EU border externalisation manifested in border violence and critically discusses
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The More Favourable Provision Clause in EU Migration Law: Expanding Fundamental Rights through National Discretion? European Journal of Migration And Law (IF 1.5) Pub Date : 2024-01-31 Andrea Romano
Interaction between different levels of fundamental rights protection is a widely debated topic in EU scholarship, which has long dealt with situations in which national legislation lowered legal standards in the EU. Less explored, however, is the opposite case: when Member State regulations set standards higher than those enshrined at EU level. This can occur through application of the more favourable
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Rights at Sea: State Interference with Activists’ Search and Rescue Operations European Journal of Migration And Law (IF 1.5) Pub Date : 2024-01-31 Matilde Rocca
After reducing their humanitarian presence at sea, States have begun to interfere with Search and Rescue (SAR) operations led by NGOs aimed to render assistance to migrants in distress. In Italy, the recent Law-Decree 1/2023 on NGOs’ SAR activities constitutes an important development grounding States’ efforts to interfere with activists’ operations. In this article, I first describe the practices
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Beyond the Rainbow? An Intersectional Analysis of the Vulnerabilities faced by LGBTIQ+ Asylum-Seekers European Journal of Migration And Law (IF 1.5) Pub Date : 2023-12-21 Denise Venturi
Sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) are often considered among the main personal characteristics which are likely to give rise to special procedural and reception needs, often resulting in labelling lesbian, gay, bisexual, trans, intersex and queer (LGBTIQ+) asylum-seekers and refugees as “vulnerable”. However, SOGIESC issues should not be analysed
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Examining Asylum Seekers’ “Other Vulnerabilities”: Intersectionality in Context European Journal of Migration And Law (IF 1.5) Pub Date : 2023-12-21 Christine Flamand, Francesca Raimondo, Sylvie Saroléa
This article explores how “other vulnerabilities” can be examined through an intersectional perspective. “Other vulnerabilities” are the ones either established in the current policy and legal framework at the international and national level or, in addition, those that have been identified throughout the VULNER research path, besides age, gender and human trafficking. These “other vulnerabilities”
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The Use of Medico-Legal Reports in Asylum Processes in Belgium European Journal of Migration And Law (IF 1.5) Pub Date : 2023-12-21 Alice Sinon, Julie Lejeune
In the asylum processes, medical documents are frequently used to establish a need for international protection. These include medico-legal reports written under the Istanbul Protocol. Their objective is to prove past persecution (e.g. torture) and/or specific vulnerability/ies, which should be taken into account in the procedure as well as in the assessment of the protection needs. Firstly, the applicable
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Vulnerability to Exploitation through the Lens of Intersectionality: A Critical Analysis of Instruments and Approaches to Identify and Support Exploited and Trafficked Migrants Seeking Protection European Journal of Migration And Law (IF 1.5) Pub Date : 2023-12-21 Letizia Palumbo
This article critically analyzes, from an intersectional perspective, the instruments and approaches adopted to identify, support and protect exploited and trafficked migrants, including asylum seekers, in European countries. By building on relevant findings from the VULNER research project, and drawing on feminist and socio-legal studies highlighting the complex dimension of both exploitation and
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Young Age, Migratory Vulnerabilities and Temporality. Compounding Inequalities Raised by Age and Legal Status – in Four European Countries European Journal of Migration And Law (IF 1.5) Pub Date : 2023-12-21 Hilde Lidén
This article adopts an intersectional approach to examine migratory vulnerabilities. It draws from qualitative data gathered by the VULNER research teams in four countries: Belgium, Germany, Italy, and Norway, exploring how age and legal status intersect and how this intersection influences other vulnerability factors. When examining the rationale and consequences of practices that employ young age
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Gaps in Human Rights Law? Detention and Area-Based Restrictions in the Proposed Border Procedures in the EU European Journal of Migration And Law (IF 1.5) Pub Date : 2023-08-30 Janna Wessels
With the legislative proposals presented as the New Pact on Migration and Asylum on 23 September 2020, the European Commission sought to overcome the political impasse in reform efforts of the Common European Asylum System. A key element of this legislative package is the broader use of border procedures. The rationale is that by ‘keeping’ certain asylum seekers at the borders or in transit zones,
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Invisible Crimes: Accountability for Crimes against Migrants in Libya European Journal of Migration And Law (IF 1.5) Pub Date : 2023-08-30 Giulia Raimondo
The systematic lack of accountability for migrant rights violations occurring in the context of migration control and other deterrence measures has been contested in theory and practice. While the scholarship has explored various accountability venues above and beyond international refugee law and within specialised regimes, new litigation strategies have accountability across multiple judicial and
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Resisting International Norm Transfer While Seeking International Recognition – Ukrainian Asylum Lawmaking European Journal of Migration And Law (IF 1.5) Pub Date : 2023-08-30 Irina Mützelburg
This article contributes to the understanding of why international organisations’ attempts to transfer policies frequently fail or lead to only partial practical change in the target states. It sheds light on legislative resistance by analysing how Ukrainian lawmakers reacted to attempts to impose international asylum norms on them. Instead of overtly opposing the import of international norms, Ukrainian
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Rule of Law Challenges of ‘Algorithmic Discretion’ & Automation in EU Border Control: A Case Study of ETIAS Through the Lens of Legality European Journal of Migration And Law (IF 1.5) Pub Date : 2023-08-30 Amanda Musco Eklund
The European Travel Information and Authorisation System (ETIAS) will profile visa- exempt third-country nationals using a screening rules algorithm to make automated predictive risk assessments. By using the screening rules algorithm as a case study, this article analyses if the ETIAS Regulation, and the legal safeguards it establishes for the decision-making process, comply with formal and substantive
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Stuck in Greece? Unaccompanied Minors’ Stratified Access to Family Reunification on the Way to Other EU Member States European Journal of Migration And Law (IF 1.5) Pub Date : 2023-08-30 Stamatis Melissourgos, Arjen Leerkes, Mark Klaassen
We analyse the family reunification troubles of a largely overlooked category of unaccompanied minors in Europe. The unaccompanied “followers” migrate in the footsteps of primary or secondary kin, or get separated from accompanying kin during their irregular journey, and then, typically after arriving in the European Union, seek family reunification with family members living in another EU Member State
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Addressing the Legal Quagmire of Complementary Legal Pathways European Journal of Migration And Law (IF 1.5) Pub Date : 2023-05-29 Vladislava 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
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Complementary Pathways as “Genuine and Effective Access to Means of Legal Entry” in the Reasoning of the European Court of Human Rights: Legal and Practical Implications European Journal of Migration And Law (IF 1.5) Pub Date : 2023-05-29 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
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Complementary Pathways: Pledging Protection at the Edges of EU Law European Journal of Migration And Law (IF 1.5) Pub Date : 2023-05-29 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
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Whose Pathways are They? The Top-Down/Bottom-Up Conundrum of Complementary Pathways for Refugees European Journal of Migration And Law (IF 1.5) Pub Date : 2023-05-29 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)
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Adapting to Climate-Related Human Mobility into Europe: Between the Protection Agenda and the Deterrence Paradigm, or Beyond? European Journal of Migration And Law (IF 1.5) Pub Date : 2023-03-07 Matthew 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
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Durable Solution to the Problem of Externally Displaced Persons from the Syrian Arab Republic in OIC Member States: Legal Obligations and International Cooperation with UNHCR, EU and OIC European Journal of Migration And Law (IF 1.5) Pub Date : 2023-03-07 Dmitry Vladimirovich 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)
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The EU’s Informal Readmission Agreements with Third Countries on Migration: Effectiveness over Principles? European Journal of Migration And Law (IF 1.5) Pub Date : 2023-03-07 Elsa Fernando-Gonzalo
Achieving faster and effective returns of irregular migrants is one of the priorities on the Pact on Migration and Asylum proposed by the European Commission. The Commission links the effectiveness of return to the enforcement of return decisions, which, although limited as an analytical benchmark, show that only 30% of return decisions are successful. To improve this ratio, the EU has recently resorted
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Temporary Protection Directive: Testing New Frontiers? European Journal of Migration And Law (IF 1.5) Pub Date : 2023-03-07 Esin Küçük
The activation of the Temporary Protection Directive has been considered a manifestation of solidarity towards refugees that enhances responsibility sharing between the Member States and is, therefore, perceived as a positive development. Focusing on the specific case of Ukrainian refugees, this paper explores the possible implications of the Temporary Protection Directive from the perspective of asylum
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Towards a Statute on European Union Citizenship: A Manifesto European Journal of Migration And Law (IF 1.5) Pub Date : 2023-03-07 Dora Kostakopoulou, Tony 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
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The EU Returns Agency: The Commissions’ Ambitious Plans and Their Human Rights Implications European Journal of Migration And Law (IF 1.5) Pub Date : 2022-12-09 Mariana Gkliati
The effective return of irregularly staying migrants is identified as an overriding objective in the New Pact on Migration and Asylum, while return operations are the fastest-growing activity of Frontex. Since the 2019 amendment of its Regulation, the agency has received a significant augmentation of its mandate and capacity in pre-return and return-related activities. This way, Frontex takes a centre-stage
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The European Pact on Migration and Asylum: Border Containment and Frontline States European Journal of Migration And Law (IF 1.5) Pub Date : 2022-12-09 Joana Abrisketa Uriarte
The New Pact on Migration and Asylum contains two pieces of proposed legislation which raise several concerns. A closer look at the Proposal for a Screening Regulation and the Proposal for Crisis and Force Majeure Regulation reveals that the frontline States are obliged to become border guards in an exacerbated way. The legislation is excessively technical and unrelated to the capacities of the affected
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Integration (of Immigrants) in the European Union: A Controversial Concept European Journal of Migration And Law (IF 1.5) Pub Date : 2022-12-09 Matteo Bottero
Integration is one of the major challenges posed to the European Union by the immigration of third-country nationals. And it is even more so in view of the mass influx of displaced persons stemming from the Russian military invasion of Ukraine. This article discusses the controversial concept of (immigrant) integration underpinned by the current EU legal and policy framework. It argues that, on the
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On ‘Safety’ and EU Externalization of Borders:: Questioning the Role of Tunisia as a “Safe Country of Origin” and a “Safe Third Country” European Journal of Migration And Law (IF 1.5) Pub Date : 2022-12-09 Mariagiulia Giuffré, Chiara Denaro, Fatma Raach
This article questions whether Tunisia – a country of departure, transit and destination of migrants and refugees, and a key interlocutor in EU externalization and readmission policies – can be considered a “safe country of origin” for Tunisian nationals and a “safe third country” for foreigners in search of protection. In discussing the rapidly evolving domestic legal and political system and the
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The Recast EU Blue Card Directive: Towards a Level Playing Field to Attract Highly Qualified Migrant Talent to Work in the EU? European Journal of Migration And Law (IF 1.5) Pub Date : 2022-12-09 Tesseltje de Lange, Zvezda Vankova
This article discusses the recast Blue Card Directive (BCD) on the admission of highly qualified non-EU migrant workers. The recast Directive aims to facilitate employers in their demand of non-EU talent and enhances migrant workers’ rights. As this article demonstrates, challenges remain in view of the prerogative of Member States to maintain national schemes and benefit from wide discretion. We conclude
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From Rights to Collective Action. A Way Out of Labour Exploitation European Journal of Migration And Law (IF 1.5) Pub Date : 2022-09-12 Venera Protopapa
This article critically assesses the criminal law approach to labour exploitation and challenges the assumption that its limited effectiveness depends on the hesitation and unwillingness of migrant workers to collaborate with competent authorities. It adopts a legal mobilisation approach to explore how law and litigation can effectively play a role in fighting labour exploitation. It does so by focusing
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The Impact of the European Union on Turkey’s Policy of Immigration Detention European Journal of Migration And Law (IF 1.5) Pub Date : 2022-09-12 Pinar Canga, Simon Behrman
In the context of rising populist and nationalist politics amongst some EU states and throughout the world, the EU prides itself on the principle of free movement, and its adherence to a detailed set of human rights norms. However, this dichotomy obscures a more complex reality. The problem is that ‘free movement’ is conceived of, in EU terms, as solely relating to internal movement. When it comes
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Protecting the Borders from the Outside: An Analysis of the Status Agreements on Actions Carried Out by Frontex Concluded between the EU and Third Countries European Journal of Migration And Law (IF 1.5) Pub Date : 2022-09-12 Laura Letourneux
Regulation (EU) 2016/1624 enables Frontex to launch operations in the territory of third countries. Accordingly, status agreements between the EU and the Western Balkan countries as well as Moldova have been concluded. This article provides an in-depth analysis of these instruments. As this article will demonstrate, the conclusion of the status agreements constitutes an improvement, in comparison with
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The Protection of Displaced Persons from Ukraine in Portugal European Journal of Migration And Law (IF 1.5) Pub Date : 2022-09-12 Constança Urbano de Sousa
The war in Ukraine has caused a massive influx of people seeking protection in the European Union and has led to the activation, for the first time, of the Temporary Protection Directive. Although this influx mainly affects neighbouring countries, such as Poland and Romania, Portugal triggered, as early as 1 March 2022, the national temporary protection regime, thus granting immediate protection to
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Strategic Litigation against European Migration Control Policies: The Legal Battleground of the Central Mediterranean Migration Route European Journal of Migration And Law (IF 1.5) Pub Date : 2022-09-12 Annick Pijnenburg, Kris van der Pas
Migration control policies at Europe’s borders that lead to human rights violations are widespread. As a result, NGO s, law clinics and individual lawyers mobilise the law against different actors in an attempt to seek accountability for these violations and end the policies that cause them. Accordingly, the aim of this article is to present an overview of and initial reflection on strategic litigation
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The Unfolding Destiny of Union Citizenship: From a Fundamental Status to a Status of Genuine Substance European Journal of Migration And Law (IF 1.5) Pub Date : 2022-09-12 Katarina Hyltén-Cavallius
This article analyses the legal origins of the ‘substance of rights’ doctrine, and its judicial development since its creation in landmark Union citizenship cases over a decade ago. It is demonstrated how the status of Union citizenship has evolved from being a proclaimed fundamental status for the individual in a lawful cross-border situation, to an increasingly operational and legally effective status
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Essential but Exploitable: Migrant Agri-Food Workers in Italy and Spain European Journal of Migration And Law (IF 1.5) Pub Date : 2022-07-28 Alessandra Corrado, Francesco Saverio Caruso
The Covid-19 pandemic crisis has shown that migrant workers are essential for the agri-food system, especially in Spain and Italy. The development of fruit and vegetable production in both countries has importantly relied on migrant labour due to integration in verticalized value chains and competition in neoliberal globalization. Migration and asylum policies as well as mobility policies and recruitment
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Exploitation in the Agri-Food Sector in Europe: A Comparative Analysis of the Impact of Migration and Labour Regimes in Producing Migrants’ Vulnerabilities European Journal of Migration And Law (IF 1.5) Pub Date : 2022-07-28 Letizia Palumbo
Although political attention has been devoted to the exploitation of migrant farmworkers in Southern Europe, migrant workers also experience exploitive practices in the agri-food systems of Northern EU countries. Building on critical studies on vulnerability and exploitation and on migration and labour regimes, and drawing on the papers in this Special Issue of EJML, this article critically compares
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Meat Plants and Strawberry Fields Forever? Precarious Migrant Labour in the German Agri-Food Sector before and after COVID-19 European Journal of Migration And Law (IF 1.5) Pub Date : 2022-07-28 Jan Schneider, Malte Götte
Despite a series of regulative steps and the introduction of a minimum wage in 2015, meat production as well as agricultural and horticultural farming remain vulnerable to undeclared work and exploitative employment structures. The COVID-19 pandemic was a disruptive event for these industries: mass infections in meat factories and housing facilities for seasonal migrants, but also a looming shortage
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Migrant Labour in Dutch Agriculture: Regulated Precarity European Journal of Migration And Law (IF 1.5) Pub Date : 2022-07-28 Karin Astrid Siegmann, Julia Quaedvlieg, Tyler Williams
The Covid-19 pandemic has placed the contradictions that characterize the conditions of migrant workers in Dutch horticulture in the spotlight. Central and Eastern European (CEE) workers’ low labour and living standards contrast with the sector’s high productivity. This article disentangles these contradictions by analysing their legal, economic, and social causes through the lens of the power resources
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Socio-Legal Aspects of Labour Market Segmentation in the Agri-Food Sector in Sweden: Spatio-Temporal Dimensions European Journal of Migration And Law (IF 1.5) Pub Date : 2022-07-28 Andrea Iossa, Niklas Selberg
Migrant labour constitutes an important feature of the Swedish agri-food sector – often employed with sub-standard working and employment conditions. Combining legal analysis and data from semi-structured interviews this article analyses the socio-legal factors and structure of the labour market and its interplay with the national migration regime that make possible the resort to exploitative practices
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Ebbs and Flows of EU Migration Law and Governance: A Critical Assessment of the Evolution of Migration Legislation and Policy in Europe European Journal of Migration And Law (IF 1.5) Pub Date : 2022-03-04 Eleonora Frasca, Francesco Luigi Gatta
This Article summarises the complex ebbs and flows of EU migration law and policy. It is the result of an interdisciplinary research project called GLOBMIG, which includes a legal inventory that can be used by any reader or researcher. In the Article, we focus on the main outcomes observable from the inventory by taking several examples from EU legislation and case law that try to capture the evolution
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An EU Fundamental Right to Social Assistance in the Host Member State? The CJEU’s Ambivalent Approach to the Free Movement of Economically Inactive Union Citizens Post Dano: Reflections on case C-709/20, Judgment of 15 July 2021, CG v The Department for Communities in Northern Ireland, EU:C:2021:602 European Journal of Migration And Law (IF 1.5) Pub Date : 2022-03-04 Ferdinand Wollenschläger
The right of residence of economically inactive Union citizens, as well as their claim to access to social benefits in other EU Member States, constitutes a complex and politically sensitive issue which has been debated controversially in EU law for decades. After some initially dynamic case-law, the CJEU followed a more reserved approach in its Dano judgment that was handed down on 11 November 2014
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Is Resettlement Still a Durable Solution? An Analysis in Light of the Proposal for a Regulation Establishing a Union Resettlement Framework European Journal of Migration And Law (IF 1.5) Pub Date : 2022-03-04 Meltem Ineli-Ciger
Resettlement is generally regarded as a permanent or durable solution for refugees. Resettled refugees classically are granted permanent settlement with the opportunity for eventual citizenship. However, this classic understanding might be changing. In 2016, the European Commission proposed a Regulation establishing a Union Resettlement Framework with a view to creating a more structured, harmonized
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Non-economic Migrants as Workers: Securing the Right to Work for Asylum Applicants in the EU European Journal of Migration And Law (IF 1.5) Pub Date : 2022-03-04 Emily Cunniffe
The figure of the asylum applicant worker sits uncomfortably in the oppositional framing of refugees and economic migrants. Yet, the recast Reception Conditions Directive 2013/33/EU provides a right to work for asylum applicants. Through case studies of Ireland and Sweden, this article examines the implementation of the right to work and describes an assemblage of de lege and de facto barriers that
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The Pact on Migration and Asylum: Turning the European Territory into a Non-territory? European Journal of Migration And Law (IF 1.5) Pub Date : 2022-03-04 Jean-Pierre Cassarino, Luisa Marin
Can a part of the territory of the European Union be turned into a “non-territory” where the fundamental rights of the migrants and asylum seekers to appeal and to remain in their destination country while their applications are examined, and the right for an individual assessment in line with international standards, are as it were contracted, owing to the very attributes of this “non-territory”?
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Work-Based Pathways to Refugee Protection under EU Law: Pie in the Sky? European Journal of Migration And Law (IF 1.5) Pub Date : 2022-03-04 Zvezda Vankova
This article focuses on the contested policy idea of utilising labour migration as a complementary pathway for refugees in the EU. Advocates view this as a “triple win” solution that empowers refugees, boosts economies, and supports post-conflict reconstruction. Yet, it re-mains unclear to what extent the EU labour migration acquis provides an adequate basis for such a novel approach. This paper provides
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Artificial Intelligence (AI) at Schengen Borders: Automated Processing, Algorithmic Profiling and Facial Recognition in the Era of Techno-Solutionism European Journal of Migration And Law (IF 1.5) Pub Date : 2021-12-21 Niovi Vavoula
Since the past three decades, an elaborate legal framework on the operation of EU-Schengen information systems has been developed, whereby in the near future a series of personal data concerning almost all third-country nationals (TCN s) with an administrative or criminal law link with the EU/Schengen area will be monitored through at least one information system. This article provides a legal analysis
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Ceci n’est pas un contrôle: PNR Data Processing and the Reshaping of Borderless Travel in the Schengen Area European Journal of Migration And Law (IF 1.5) Pub Date : 2021-12-21 Julien Jeandesboz
Can national authorities perform systematic checks on persons engaged in cross-border travel in the Schengen area without these checks being considered as border checks or as having an equivalent effect to border checks? The present article investigates a specific set of measures that involve the harnessing of “new technology” to enact systematic controls on persons traveling across the internal borders
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Fundamental Rights as the Cornerstone of Schengen European Journal of Migration And Law (IF 1.5) Pub Date : 2021-12-21 Tineke Strik
Although the Schengen Border Code (SBC) explicitly obliges Member States to apply the Schengen rules in full compliance with the fundamental rights, Member States’ adherence to this obligation can be questioned in light of recurrent and reliable reports about fundamental rights violations at the EU’s external borders. This contribution will examine why, apart from the deficiencies in the SCHE-VAL mechanism
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Internal Border Control in the Schengen Area and Health Threats: Any Lessons from the COVID-19 Pandemic? European Journal of Migration And Law (IF 1.5) Pub Date : 2021-12-21 Stefano Montaldo
The COVID-19 pandemic has exacerbated the Member States’ overreliance on the rules of the Schengen Borders Code allowing for temporary reintroduction of border control and has questioned the institutional narrative of an EU-wide borderless area as a key achievement of the integration process. This article focuses on the legal implications of the border measures enacted by the Member States following