Constitutionalising The External Dimensions Of Eu Migration Policies In Times Of Crisis

This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.

This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.

The present volume is based on an international summer school on migration, asylum and refugee law that took place in Barcelona in the fall of 2018, sponsored by the German Academic Exchange Service and in cooperation between the universities of Barcelona and Hamburg. In the spirit of intergenerational academic exchange, students, young researchers, and established experts engage in interdisciplinary discussions on fundamental questions of migration law and migration policy, which have become more virulent than ever since the refugee protection crisis of 2015. European, human rights and international law aspects are supplemented by national perspectives from Belgium, Bulgaria, the Federal Republic of Germany, Italy, Spain, Turkey and the United Kingdom. The entire project sees itself as a laboratory for the exchange of ideas, for reflection and further thinking about what open constitutional states, the European Union and the international community are equally challenged by today: a migration regime based on human rights, which takes into account security interests and is practicable in a world in which more and more people from ever more different backgrounds are seeking a future beyond their country of origin.

Der vorliegende Band geht zurück auf eine internationale Summer School zum Migrations-, Asyl- und Flüchtlingsrecht in Barcelona. Im Sinne eines intergenerationellen wissenschaftlichen Austausches kommen Studierende, Nachwuchswissenschaftler*innen und arrivierte Expertinnen ins disziplinübergreifende Gespräch zu migrationsrechtlichen respektive migrationspolitischen Grundsatzfragen, die seit der Flüchtlingsschutzkrise des Jahres 2015 virulenter denn je geworden sind. Europa-, menschen- und völkerrechtliche Aspekte werden um nationalstaatliche Perspektiven aus Belgien, Bulgarien, der Bundesrepublik Deutschland, Italien, Spanien, der Türkei und dem Vereinigten Königreich ergänzt. Mit Beiträgen von Claudia Candelmo, Carmine Conte, Francisco Javier Donaire Villa, Arolda Elbasani, Leonard Amaru Feil, Francesco Luigi Gatta, Chad Heimrich, Markus Kotzur, Annalisa Morticelli, David Moya, Claudia Pretto, Andrea Romano, David Fernandez Rojo, Senada Šelo Šabić, Valentina Savazzi, Ülkü Sezgi Sözen und Catharina Ziebritzki.

In recent years the EU has been active in developing a common European immigration policy in cooperation with third countries and in building an “external dimension” of such an EU policy. The linkages between the EU’s external relations and migration policies have influenced the distinct legal positions of third-country nationals (non-EU nationals). This book critically discusses whether the EU’s objective of creating a common EU migration policy can be achieved against the backdrop of a highly fragmented EU framework for migration law and policy, and it argues that it is difficult to speak of one single, unitary group of third-country nationals forming the counterpart to EU citizens.

The present paper is a study of the response of the EU institutions and leaders to the inflow of irregular migrants from 2011 to 2016. The first section is the synthetic presentation of the migration drivers of our times at the global and local level. In section two, the citizens' perception of the migrants as a threat is briefly discussed, and the border control and immigration policies of the EU are reviewed. In section three, the 'Trans boundary crisis management' model opted for analysing the EU migration crisis management is presented. Section four presents the analysis of the four scenarios of the European management of the current migration crisis. In the concluding section, the results of the analysis are summarily discussed. The analysis demonstrates that the EU leaders have been late in detecting the characteristics of the phenomenon and have not conceded to reconcile their conventional view to the features of the current migration. They have been unable to make response decisions well timed and acceptable to all. Lastly, they have been unable to stand firm on those management decisions they agreed on with difficulty and failed to formulate a shared message about the crisis and communicate credible messages to citizens about their ability to manage it.

This book explores the external dimension of the ambitious EU policy on human trafficking. Through this policy the EU institutions and Member States promote the eradication of human trafficking and support, to that end, cooperation with their partners, being third States or international organisations. Analysing the unilateral and multilateral mechanisms the EU uses to achieve these aims, the book questions whether the EU's external response to human trafficking addresses it in all its dimensions, and whether it does so in a coherent way. As a case study, the book explores the cooperation of the EU with countries of the Western Balkans, which constitutes a specific unilateral mechanism. The analysis of the multilateral mechanisms covers the cooperation of the EU with key international and regional organisations combating human trafficking, including but not limited to the Council of Europe or the United Nations Office on Drugs and Crime. The book also examines the impact of the evolution of migration flows and the increasing reliance of military tools on the EU's response to human trafficking.

This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.

Identifies paths for legal resilience against restrictions of migrants' rights introduced by the forces of authoritarian populism.

This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum. Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.