Transferring Asylum Norms To Eu Neighbours

This book analyses how international and non-governmental organisations have transferred international asylum norms to Ukraine despite the country's low number of asylum seekers over the last 30 years. Various actors, local and international, state and non-state, participate in multi-scalar transfer, which involves translating, spreading, and sometimes resisting the norms. Analysing the support of and subtle forms of resistance to the legislative adoption of international norms in Ukraine's Parliament, this research shows that adoption is shaped largely by domestic politicians' pursuit of recognition and conditionality of international organisations such as the European Union and the Council of Europe. Non-state actors seek to influence administrative practices by adapting to resistance and structural obstacles, using top-down and horizontal confrontational and conciliatory, formal and informal approaches, often relying on personal contacts. While norm promoters try to formalise changes, the effects of the transfer attempts on state practices remain heterogeneous and unstable across actors, space, and time. Irina Mützelburg is Researcher at the Centre for East European and International Studies in Berlin, Germany. Her research interests include NGO-donor relations, administrative practices, and migration and education policies in Ukraine. She has taught, among others, at the Humboldt University, Germany, the European University Viadrina, Germany, and Sciences Po, France.

This book analyses why the Ukrainian state established asylum laws and policies in the thirty years since 1991, even though the number of asylum seekers was very low. International and non-governmental organisations transferred international asylum norms to Ukraine. Various state and non-state actors participated in this process, translating, spreading, and resisting those norms. In many cases, legislative adoption was driven by domestic politicians’ pursuit of recognition by international organisations, such as the European Union and the Council of Europe, and by their desire to meet conditionality requirements. NGOs sought to influence administrative practices, alternating between confrontational and conciliatory, formal and informal approaches, and often relying on personal contacts. Actors used and shifted between scales in order to transfer norms or resist transfer. In the process, they produced, renegotiated, and confirmed those scales. For instance, NGOs resorting to the European Court of Human Rights to prevent refoulement placed the European scale above the national scale. This book offers a new multi-actor and multi-scalar analysis of policy transfer.

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

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.

This thoroughly revised and updated Handbook brings together an international range of contributors to highlight the deep interdependence between migration and globalisation, and explore the impact of economic, social, and political globalisation on international population flows. It provides an interdisciplinary perspective on a discussion that has been intensifying and diversifying over the past 25 years. This title contains one or more Open Access chapters.

During the last two decades the study of European foreign policy has experienced remarkable growth, presumably reflecting a more significant international role of the European Union. The Union has significantly expanded its policy portfolio and though empty symbolic politics still exists, the Union’s international relations have become more substantial and its foreign policy more focused. European foreign policy has become a dynamic policy area, being adapted to changing challenges and environments, such as the Arab Spring, new emerging economies/powers; the crisis of multilateralism and much more. The SAGE Handbook of European Foreign Policy, Two-Volume set, is a major reference work for Foreign Policy Programmes around the world. The Handbook is designed to be accessible to graduate and postgraduate students in a wide variety of disciplines across the humanities and social sciences. Both volumes are structured to address areas of critical concern to scholars at the cutting edge of all major dimensions of foreign policy. The volumes are composed of original chapters written specifically to the following themes: · Research traditions and historical experience · Theoretical perspectives · EU actors · State actors · Societal actors · The politics of European foreign policy · Bilateral relations · Relations with multilateral institutions · Individual policies · Transnational challenges The Handbook will be an essential reference for both advanced students and scholars.

This book fills a significant lacuna in our understanding of the refugee crisis by analyzing the dynamics that lie behind fifteen years of asylum policies in the European Union. It sheds light on why cooperation has led to reinforced refugee protection on paper but has failed to provide it in practice. Offering innovative empirical, theoretical and methodological research on this crucial topic, it argues that the different asylum systems and priorities of the various Member States explain the EU's lack of initiative in responding to this humanitarian emergency. The author demonstrates that the strong regulators of North-Western Europe have used their powerful bargaining positions to shape EU asylum policies decisively, which has allowed them to impose their will on Member States in South-Eastern Europe. These latter countries, having barely made a mark on EU policies, are now facing significant difficulties in implementing them. The EU will only identify potential solutions to the crisis, the author concludes, when it takes these disparities into account and establishes a functioning common refugee policy. This novel work will appeal to students and scholars of politics, immigration and asylum in the EU.

Policy Transfer and Norm Circulation brings together various fields in the humanities and social sciences to propose a renewed analysis of policy transfer and norm circulation, by offering cross-regional case studies and providing both a comprehensive and innovative understanding of policy transfer. The book introduces a constructive interdisciplinary dialogue and comparative approach, highlighting the partial and fragmented understanding of policy transfer and the questions and challenges in the study of policy transfer in three parts. Firstly, notions of transfer and circulation, including law, (political) economy, sociology and history; secondly, a focus on European studies and the transfer of norms, both within and outside the EU; and finally, an examination within a broader IR context. This text will be of key interest to scholars and students of European Union politics/studies, international relations, public policy, economics and law, as well as practitioners dealing with regional integration.

EU external democracy promotion has traditionally been based on ‘linkage’, i.e. bottom-up support for democratic forces in third countries, and ‘leverage’, i.e. the top-down inducement of political elites towards democratic reforms through political conditionality. The advent of the European Neighbourhood Policy and new forms of association have introduced a new, third model of democracy promotion which rests in functional cooperation between administrations. This volume comparatively defines and assesses these three models of external democracy promotion in the EU’s relations with its eastern and southern neighbours. It argues that while ‘linkage’ has hitherto failed to produce tangible outcomes, and the success of ‘leverage’ has basically been tied to an EU membership perspective, the ‘governance’ model of democracy promotion bears greater potential beyond the circle of candidate countries. This third approach, while not tackling the core institutions of the political system as such, but rather promoting transparency, accountability, and participation at the level of state administration, may turn out to remain the EU’s most tangible form of democratic governance promotion in the future. This book was originally published as a special issue of Democratization.