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(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 153-156 | Article | (Abstract) The functioning of the Schengen area and, more broadly, of European external borders, have been under considerable strain due to increased migration flows, the COVID-19 pandemic and security threats. These developments have tested Member States’ and EU agencies’ compliance with EU rules and principles, and the viability of the EU migration, asylum and border control policies. The future is equally challenging and will be marked by the reform EU migration, asylum and border control policies, with the recent adoption of the New Pact on Migration and Asylum and the amendment of the Schengen Borders Code. The nine Articles – by Thomas Gammeltoft-Hansen and William Hamilton Byrne, Violeta Moreno-Lax, Jorrit J. Rijpma and Henriet Baas, Niovi Vavoula, Věra Honusková and Enes Zaimović, Luisa Marin, Matija Kontak, Ana Kršinić and the editor, Iris Goldner Lang – contained within this Special Section, offer a contemporary and rich study of Schengen and European borders against the backdrop of recent challenges and future perspectives. They cast a new look on both the legal and political context of Schengen by discussing its infrastructure, Schengen accessions, externalisation, protection of migrants’ and asylum seekers’ rights, as well as the use of modern technologies at the EU’s external borders.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1663-1678 | Article | (Table of Contents) I. Introduction. – II. Primary law: migration management and its limits. – III. Secondary legislation: enhanced protection of migrants’ rights. - III.1. Enhancing the rights of migrants – III.2. Promotion of State interests. - IV. Asylum policy: reform failure and circumvention. – IV.1. “Pushbacks” as an extreme form of non-compliance. - IV.2. Continuity of “organised hypocrisy” over time. – V. Conclusion. | (Abstract) EU primary law reaffirms that States have the right to control the entry and stay of non-nationals, but it also entrusts the legislature with deciding, within the confines of human rights, how open or closed the external borders shall be. The ensuing tension between protection and state control is deeply engrained in the history and presence of European migration law. Supranational legislation often establishes a higher level of protection than human rights in the form of individual rights to legal entry or stay; these statutory guarantees considerably curtail the room for manoeuvre of the Member States, albeit on the basis of their “voluntary” consent. At the same time, EU migration law and policy can increase the practical leverage of States by means of inter-state cooperation. These contrasting dynamics coalesce in the contemporary debate about asylum policy. Protective elements exist, but several Member States violate their obligations, notably in the external border control context (“pushbacks”). While such instances of open resistance are unprecedented, they build on a history of half-hearted commitment ever since the signature of the Refugee Convention. EU migration law comprises reasonably generous domestic legislation and contributes to reducing the numbers of arrival at the same time, in particular via cooperation with third states such as Tunisia, Turkey, or Morocco, thus reiterating the simultaneity of “rescuing” and “taming” the nation-state.

In this paper, we analyze the multiple encounters queer asylum seekers face due to violence embedded in border control and asylum recognition processes. This analysis is based on the reconstitution of two narratives that form part of an ethnographic study, the result of five years of fieldwork with queer migrants in Brazil and Spain. We employ the notion of bureaucratic violence to understand the ambiguities between control and protection in the emergence of the LGBTI refugee as a subject of rights in the humanitarian realm.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 22-238 | European Forum Insight of 11 July 2023 | (Table of Contents) I. Introduction. - II. Defining migration instrumentalization. - III. Amendments to national legislation against instrumentalization of migration episodes: the cases of Lithuania, Latvia, and Poland. - IV. National emergency measures and their compliance with the fundamental rights framework. - V. EU legislative changes to address the instrumentalisation of migration phenomena. - VI. Concluding remarks. | (Abstract) Lithuania, Latvia, and Poland have amended their legislation to respond to the increased migration flows caused by the policies of instrumentalisation of migrants implemented by the Belarusian government. This Insight illustrates these responses and shows how these EU Member States instrumentalised border tensions with Belarus to adopt restrictive migration policies impacting the rights of people on the move. Such legislative changes follow a paradigm shift at the EU level, in light of which third country nationals who are subject to instrumentalisation are qualified as hybrid threats. As a consequence, EU migration management policies legitimise national restrictive border control measures into the EU legal framework, to prevent the entry of foreign persons into the EU territory. Such a policy approach confirms a chronic inability of the EU to respond effectively and uniformly to mass migration movements, thus driving hostile third States to perpetrate hybrid attacks, such as instrumentalisation of migration practices, to gain political or economic advantages over the EU and its Member States. This Insight argues that EU migration and asylum policies must conform to the highest standards of fundamental rights protection to avert future hybrid attacks in the form of mi-gration instrumentalisation practices. Furthermore, the EU should abandon a securitization rationale that equates people on the move as security threats, thus legitimizing their dehumanisation and dis-regarding their rights.

La aceptabilidad de las demandas de protección de asilo por razones de orientación sexual e identidad de género se ha consolidado recientemente tras un largo proceso de dudas e incoherencias. A pesar de ello, todavía hoy persisten ciertas interpretaciones que se basan estereotipos y que dificultan un procedimiento sensible a la complejidad de las situaciones que viven estos demandantes de asilo. Con el propósito de identificar estos estereotipos, que suelen darse en relación con la prueba de la identidad y la constatación de la persecución, se analizan las sentencias del ordenamiento español en esta materia y se proponen otras interpretaciones que eviten dichos estereotipos.

This article analyzes the micro-powers of Swedish “cruel” and “non-cruel” bureaucrats using various logics of control, “tiny acts” enacted with pens, computers, and imposed assignments to condition asylum-seeking peoples’ lives and fragment their hope. Based on interviews with asylum-seeking Afghans and observations of their meetings with authorities, I argue that the bureaucratic treatment of Afghans in Sweden is a form of state-sanctioned racist violence and “departheid” executed to exclude discredited people from the welfare state. The article draws attention to a rapid downhill slide regarding asylum rights in Sweden since 2015 and the harm caused to asylum-seeking people.

In recent years, the US government has implemented several bureaucratic changes aimed at stalling the influx of asylum seekers. From the “metering” system initiated under the Obama administration to the Migrant Protection Protocols (MPP) implemented by the Trump administration, these measures have erected a bureaucratic wall against asylum seekers that has kept them captive in Mexican border cities. Drawing on ethnographic fieldwork conducted in Tijuana, Mexico, I examine how these policies have produced deadly conditions for asylum seekers by calibrating time and space in such a way that increases their exposure and vulnerability to highly precarious environments and predatory bureaucracies.

LGBTQIA+ asylum is a reality in Brazil, although it is not expressly included in the convention. Starting with historical research, the article shows how LGBTQIA+ asylum has been consolidated in International Law and, specifically in Brazil, as a country where there are also cases of homophobia and transphobia, LGBTQIA+ asylum is guaranteed, even if the information requested from the Federal Police and the National Committee for Refugees from Brazil do not currently indicate whether the number of concessions specifically for these groups has increased or decreased. Addressing the cliquet effect, it demonstrates the impossibility of retroaction in terms of Human Rights, preventing the denial of the granting of asylum in Brazil to this people, which is the distinctive focus of the research. The deductive method, combined with qualitative analysis of primary sources, such as official documents, and bibliographical sources were used to achieve the results. El asilo LGBTQIA+ es una realidad en Brasil, aunque no esté expresamente incluido en la convención. Partiendo de una investigación histórica, el artículo muestra cómo el asilo LGBTQIA+ se ha consolidado en el Derecho Internacional y, específicamente en Brasil, como país donde también se dan casos de homofobia y transfobia, el asilo LGBTQIA+ está garantizado, aunque las informaciones solicitadas a la Policía Federal y al Comité Nacional de Refugiados de Brasil no indican actualmente si el número de concesiones específicamente para estos grupos ha aumentado o disminuido. Abordando el efecto cliquet, se demuestra la imposibilidad de retroacción en términos de Derechos Humanos, impidiendo la negación de la concesión de asilo en Brasil a este pueblo, que es el foco distintivo de la investigación. Para alcanzar los resultados se utilizó el método deductivo, combinado con el análisis cualitativo de fuentes primarias, como documentos oficiales, y fuentes bibliográficas. Available from: https://doi.org/10.35295/osls.iisl/0000-0000-0000-1369

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(2), 909-928 | Article | (Table of Contents) I. Introduction. - I.1. From initial rejection to acceptance of differentiated integration as an institutional feature of the EU migration policy. - I.2. The "migration crisis" and the "fractured values" of the EU migration policy: differentiated integration as an indicator or a catalyst? - II. Differentiation as a governance tool: the intergovernmental roots of the EU migration policy. - II.1. Defining EU migration policy. - II.2. The evolution of the EU migration policy: from a purely intergovernmental to a quasi-fully integrated policy. - II.3. The institutional challenges of differentiation for EU migration policy: defining the territorial scope of EU migration law. - III. Intersecting the migration' and rule of law "crises": Unveiling a deeper layer of differentiated integration? - III.1. From the institutional to the normative dimension of differentiation in the EU migration policy. - III.2. Worlds apart? The dis-connection between the rule of law and migration "crises" in the case law of the CJEU. - IV. Final remarks. | (Abstract) As with the whole Area of Freedom, Security and Justice (AFSJ), EU migration policy is one area of EU policy-making in which differentiated integration has found its clearest expression. Owing to its intergovernmental roots, differentiated governance has been considered the necessary compromise for a deeper integration in this policy field since the Amsterdam Treaty entered into force. The adoption of flexible mechanisms aimed to accommodate the political interests of some Member States. While many of the technical intricacies related to this special institutional set-up have now disappeared in the aftermath of Brexit, looking at the possible intersections between the recent migration and rule of law "crises" has brought to the fore a more serious form of disagreement between the Member States on the deeper values - or the possible absence thereof - with respect to EU migration policy. This has become especially clear in the way in which the Court of Justice of the EU (CJEU) seems to have adopted a disconnected approach in its case law relating, respectively, to the "rule of law crisis" and the "migration crisis" so far. This Article argues that beyond the fragmented scope of the EU migration policy caused by differentiation, lies a deeper "fracture" on the values that underpin it. In this sense, it invites for a more careful examination of what could become a widening gap by examining especially the relevant case law of the CJEU on asylum in the aftermath of the "migration crisis".

The aim of the article is to compare the reform and the narration of the psychiatric environment in the work of Franco Basaglia and Mario Tobino from an ecological perspective. Both psychiatrists worked to reform the asylum spaces and the therapeutic relationships within it. Their actions and their narrations were both ecological but had an opposite ending. While Tobino defended until the end the idea of a safe psychiatric environment, protected by society, considered dangerous, Franco Basaglia strongly affirmed the repressiveness of the asylum space, the need to dismantle it and return the madness to society.

This paper offers an intervention into the notion of narrativity. It aims to refract Ricœur’s hermeneutics of the subject through a more expanded account of the political dimension of narrative, both to situate the narrative self politically, and to flesh out the ethico-political (im)possibilities of self-disclosure. Focusing on the process of claiming asylum as an instance of politically precarious self-disclosure in which narrative is demanded as a marker of truthful identity, it will explore the limits of narrative as the mode through which subjectivity is made intelligible. Through an analysis of the residues of power in the institution of language that qualify the emergence of the speaking subject and the socio-political assumptions we can excavate from the notion of narrative time, this paper will suggest that narrative unintelligibility could have politically transformative potential.

This chapter advances a resource extractive framework for understanding the expansion of extraction and capitalist activity into the governance of human mobility. I utilise a theoretical framework centred on resource extraction to argue that the figure of the refugee is entangled in extractive capitalism. Understanding the expansion of extractive industries into ‘frontiering’ practices requires attention to asylum as a form of governance, powered by a heavily racialised and liberal-positioned performative economy. Asylum is one means of entry across the hardened nation state borders of the current racialised global order. In putting forward an asylum claim, migrants (largely the Black and brown poor from the global South) must perform within a particular objectified narrative, making claims on their bodies to move between sovereign states. This performative dimension can allow for agency, but it is also a mode of subjectification that creates immense power imbalances, while profiting a vast industry of corporate, non-governmental, government, and other actors. Arguing that value is extracted from migrants as resources, I also probe the power of liberal-leftist representations, which help sustain this (im)mobility economy. Tropes of refugee suffering have gained popularity, leading to the fetishisation and durability of refugee extractivism, all while obscuring the massively consequential impacts of the industry. By moving outside of state and industry categorisations, we might better imagine alternative systems of free movement that go beyond adjudicating human worth and solidifying hierarchies of suffering.

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(Series Information) European Papers - A Journal on Law and Integration, 2022 7(1), 43-49 | European Forum Insight of 7 April 2022 | (Table of Contents) I. Introduzione. - II. Le misure emergenziali nazionali: una violazione ai diritti umani? - III. Le misure emergenziali europee: quale sostegno per i migranti? - IV. Considerazioni conclusive: cupi scenari alla frontiera esterna dell'UE. | (Abstract) The migration crisis at the EU-Belorussian border is escalating and the potential for grave human rights violations against third country-nationals stuck between the two "titans" is more and more likely to materialize. This Insight aims to provide an overview of the emergency measures that have been adopted at the national and EU levels to address this unprecedented migration inflow and highlights the severe repercussions these have on migrants' rights and, ultimately, on their life.

The proliferation of clandestine homes for elderly people is encouraged by the underfunding of the establishment of such centres by central or local public administration authorities and the small number of places available at already existing centres or the poor conditions that are provided. The elderly represents a vulnerable category, most of the people who live in such centres have a precarious financial or family situation or various chronic diseases that require constant medical care. Through this study, we want to analyse the causes and possible legislative solutions that can lead to the improvement of the lives of these people.

The aim of this article is to compare the regulation regarding asylums between British and French colonies, to study their management in a peculiar colonial context and to highlight the differences between the two colonial empires. The texts might sometimes differ in content, but the regulations are alike in their evolution throughout the period, with a will to improve the legal treatment of lunatics, but not without taking higher economic interests into account, while enduring colonial constraints.

Central Mediterranean migrations have led to a series of initiatives by successive Italian governments, initiatives aimed at countering the arrival in the ports of the Peninsula of boats with people rescued at sea. Two are the guidelines followed: the “outsourcing” of the migratory phenomenon’s management, which began in particular through the “Memorandum of Understanding on migrants” stipulated with the government of Tripoli on 2 February 2017; and the “disengagement” with respect to Search and Rescue activities at sea, gradually limiting the direct involvement and above all discouraging these operations by NGOs, “guilty” of attracting rescued persons to the Italian jurisdiction. In 2018 and 2019, the two so called “security decrees” arrived. These decrees provide, among other things, measures to combat the phenomenon of irregular migration by sea at all costs, including through a progressive detachment from the international commitments undertaken. In this Note I would like to dwell in particular on a single aspect of the “security decree bis” (n. 53/19 converted by law n. 77 of 8 August 2019) which concerns the interpretation of the right of innocent passage in the territorial sea, an institution codified by the United Nations Convention on the Law of the Sea signed in Montego Bay in 1982 and ratified by Italy in 1994.

In Senegal, where acts “against nature with an individual of the same sex” are punishable by prison, gay men live in fear of denunciation and are regularly victims of violence and discrimination. This situation, which has worsened year after year since the end of the 2000s, has led them to seek exile in neighboring countries. In Mauritania, some obtain refugee status from the United Nations High Commissioner for Refugees (UNHCR) and sometimes “resettlement” in Europe or North America after a long administrative process awaited in doubt. Many of the asylum seekers in Nouakchott are infected with HIV and some are dying from it despite the free availability of antiretroviral treatment. This article analyzes the circumstances that contribute to the deterioration, sometimes lethal, of the health conditions of some Senegalese gay men in exile in Mauritania. It appears that not only does the asylum system fail to ensure the safety and health of all those who rely on it, but it also exposes them to increased health risks that sometimes lead to death.

The prolongued lack of attention to the multidimensionality of migrations’ feminization in migratory studies and the over-mediatisation of the landings have resulted in a gradual proliferation of reductive representations of women in migration, mainly linked to passivity and innocence. The article analyses some situations in which the intersection between being migrants and being women emerges as a determining factor in the life course and in particular in the integration processes of asylum seekers and refugees in the landing Country. Therefore, the italian reception culture and the role of the former reception system (SIPROIMI) will be analyzed, paying particular attention to some possible paths to follow in order to enhance successful integration processes, which are respectful of all kinds of membership. The theoretical reflections will be accompanied by the results of a small qualitative research carried out in a reception house for women and single-parent family units of the former reception system (SIPROIMI) in Bologna. The research is aimed at investigating some possible strategies to set up individual integration projects that respond to the needs and desires of the women welcomed in the reception house and that tend to their greatest possible autonomy.

Despite migrants keep to try and reach EU territory (and often dying in the process), the EU looks ever more concerned with how to keep them away. This is in sharp contrast with the values of solidarity and the international treaties subscribed to by its member states, but it is also the result of a precise evolution which has led migrants to disappear as individuals and emerge only as juridical labels, deprived of any individual and substantial characteristics. This essay is a reconstruction of this process and an analysis in the same perspective of most recent European Commission documents on the subject.

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1385-1398 | European Forum Insight of 27 January 2021 | (Table of Contents) I. La detenzione de facto in Ungheria (e nel panorama europeo). - II. I fatti di causa e il rinvio pregiudiziale. - III. La decisione della Corte di giustizia. - III.1. Non refoulement e diritto ad un ricorso effettivo in sede di rimpatrio. - III.2. L'inammissibilità della domanda di asilo in relazione alla nozione di "Paese di transito sicuro". - III.3. La configurabilità del trattenimento nelle "zone di transito". - III.4. Le garanzie in materia di trattenimento e la detenzione nell'ambito della procedura di frontiera. - IV. Considerazioni conclusive: l'importanza di un approccio garantista a fronte delle possibili evoluzioni delle politiche migratorie. | (Abstract) This Insight discusses the Court of Justice's judgment of 14 May 2020 in the joined cases C-924/19 and C-925/19, which concerned two couples of asylum seekers detained in the Röszke transit zone, at the Hungarian-Serbian border. The analysis focuses on the approach followed by the Court, that has addressed several issues under EU asylum and return secondary law and recognised the importance of substantial and procedural guarantees in asylum and return procedures. It ascertains the relevance of recognition that the placement of migrants in trans-it zones at the external borders qualifies as a deprivation of liberty and thus has to comply with the guarantees of Reception Conditions and Return Directives. Finally, the Insight assesses the possible systemic implications of the ruling on the future developments of EU asylum law, especially against the proposals presented by the Commission in the new Pact on Migration and Asylum.

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 911-930 | Article | (Table of Contents) I. Introduction. - II. How the story unfolded: the four acts of the "constitutional tragedy". - II.1. Act 1: the referring order of the Dutch Council of State. - II.2. Act 2: the referring order of the Tribunal of Milan. - II.3. Act 3: the reply to the Dutch referral. - II.4. Act 4: the reply to the Italian referral. - III. The lesson learnt for the preliminary ruling procedure. - III.1. The "procedural x factors": an urgent preliminary question, answered through a reasoned order, and a limited role for the national court. - III.2. The "usefulness" of the ruling. - III.3. The constitutional implications: when a preliminary ruling touches a "soft spot". - IV. Conclusion. | (Abstract) As is well known, in order for the preliminary reference procedure to function properly, national courts must have both the cognitive and the political ability to engage in a judicial dialogue with the Court of Justice. The Court of Justice itself must be able to - at least sufficiently - understand the factual background and the legal issues (and possible the broader legal and political background) of the question posed. In this Article, we discuss a case study, which shows that a number of procedural variables - often outside the control of the referring court - can come in the way of a fully functional preliminary reference mechanism. The Article examines two preliminary questions (from Italy and the Netherlands), by focusing specifically on the reasoning of both national referring courts, and the answers given to both courts by the Court of Justice, in order to assess whether and to which extent the Italian court has grounds to consider that its questions have not been properly answered. Ultimately, the contribution will attempt at teasing out, from this case study, a number of challenges posed to the correct functioning of the preliminary ruling procedure.

The migratory issues need to be deepened, not only from the human point of view, but also with regard to legal discipline. Asylum, a term of Greek origin ἄσυλον (ἱερόν), literally means without capture; in the Latin terminology asylum indicates a temple where there is no right of capture and is strictly bound to the Institute of Hospitality, defined by the Romans Hospitium Publicum (one of the first forms of public hospitality). Asylum and refugee status represent, therefore, two institutions that go back to the Greco-Roman age and that will be deepened juridically from the origins and their practical applications. The different interpretations regarding the discipline that have been developed in modern and contemporary history will be analyzed later, and in addition, it will be observed how these have finally been reinterpreted since the First and the Second World Conflicts and moreover since the Universal Declaration of Human Rights of 1948.

In 1905, Les Évincés, the first book about the Cery asylum, was published in Lausanne under a pseudonym. The account is intended to be a faithful testimony of the experiences of this madhouse in French-speaking Switzerland. With the help of judicial and medical files, this article analyses the conditions of production of a singular publication in the history of asylums, even though it has now been completely forgotten. The first part of the article traces the biography of its author: an asylum patient, Marc Christin is a writer who has suffered numerous criminal convictions, before being established as a case study in "constitutional psychopathy". The second part of the article contextualizes the writing of the book, by studying the economy of the therapeutic and affective relationship that Christin had with Dr Albert Mahaim, director of Cery, as well as the asymmetry of their power relations. At a time when Vaud psychiatry is striving for penal and social reform, the publication of Les Évincés exemplifies the dialectic between forced confinement and the work of the writer who is supposed to demonstrate his autonomy in spite of his confinement.

Abstract Since the 1980’s it has been possible to claim asylum on the basis of sexual orientation and gender identity in some countries. Most studies on this topic focus on countries in the Global North. Therefore, there is still a lack of research that comparatively analyses the Global North with the Global South. The aim of this article is then to analyse and compare the approaches of two countries that grant refugee status on the basis of sexuality and gender identity, one in the Global North (the United Kingdom) and one in the Global South (South Africa).

Migration, as a social-economic phenomenon, has existed from the dawn of humanity, in different forms and in different contexts. Although studied from different perspectives, in the modern and contemporary period, this branch of international law is rather new in comparison to other fields of the same category. Indisputably, war, social unrest and natural catastrophes of the XIXth and XXth Century has determined mostly Western countries to establish new policies and international law, like the 1951 Geneva Convention on the Status of Refugees and the creation of the United Nations High Commissioner for Refugees (UNHCR). As part of new relations with UNHCR, and later the membership to the European Union and NATO, post-communist Romania has developed asylum procedures and assumed responsibility to integrate refugees in our society. Although the development of standardized integration law, policy and practice has been a result of a 20 years struggle, today we see that there is an increased interest from the competent authorities to adapt the services provided to the needs of refugees. Such is the modification of the integration legislation that occurred in the last two years, which can be considered a “Reform in the field of integration for refugees”.

The problem of refugees has existed in the world since human existence. Individuals fled to seek sanctuary in another place to avoid persecution. Religious institutions have played a significant impact in the protection and care for refugees. Slavery has also contributed to the existence of refugees especially in Africa. Arabs, Europeans and Americans came to Africa and engaged in slave trade. This business has contributed to the development of economies in some developed nations. Most African countries have lost their active citizens in slavery. Many people also fled their place of origin to avoid the danger of being taken in slavery. Furthermore, colonialism has also entrenched the refugees in Africa. In order to get independence, individuals had to flee their countries and start engaging in liberation wars. Many people became refugees in their fight for independence. After the independence, the problem of refugees has continued to persist as governments of many African states do not respect nor protect human rights of their citizens. Currently, refugees continue to exist in Africa as some states persecute their citizens due to their tribe, race, religion, political opinion, sexual orientation and wars. In order to eradicate the problem of refugees, states need to create an environment that is conducive to the protection of human rights of their citizens in all their activities.

This article explores the challenges faced by the NGOs managing the “Lebanon-France humanitarian corridors,” an asylum program created by Christian charities to relocate 500 future asylum seekers identified as “vulnerable.” Based on the private sponsorship of refugees by French citizens, and with the support of the French government, these humanitarian corridors shed light on the dynamics at play in the adaptation of international aid actors to the mainstream logic of aid and asylum management. This qualitative research explores the issues brought up by humanitarian actions that try to show openness, all the while accepting the dominant managerial and security paradigms. Thus, in the name of development, these NGOs contribute to (re)defining the categories of refugees that qualify for admission – the “desirables.”

In recent years, more and more asylum seekers trying to reach the European Union (EU) have found themselves subjected to practices that contradict the EU Charter of Fundamental Rights and the democratic principles within the Dublin III Regulation. The inalienable right of those individuals to seek asylum is violated every time that the Member States’ national authorities subject them to irregular procedures and deny them their right to international protection without an individual assessment of their asylum claims. These practices are defined as push-backs. This brief outlines the ways in which asylum seekers are exposed to both ‘external’ and ‘internal’ push-backs by and between the Member States, while also underscoring the importance of safeguarding the physical safety and integrity of people seeking asylum. It offers case studies of EU countries where push-backs have become the new normal, and highlights the role of courts in remedying the wide-spreading push-backs practices. Within this context of generalized push-backs and executive backlash against European and domestic judgments finding violations of human rights, the withdrawal of the European Border and Coast Guard Agency from Hungary is an alarming signal for human rights protection. In the face of the rule of law and human rights challenges, was the Agency's withdrawal the most appropriate measure?. Finally, it asks whether the recent EU border procedure proposed in 2020 will have a positive or a negative impact on the right to seek asylum on the ground.

This article deals with interviews conducted with two volunteers, one teaching asylum seekers in French and another teaching children in a francoprovencal dialect. I aim to identify how ideals of recognition and redistribution (Fraser, 1993) articulate ambivalently around glottopolitical commitment in social volunteering. In particular, the aim is to understand what meaning people give to their commitment to language transmission in radically different situations and how this affects their practices in doing so. After explaining what I will describe, in terms of voluntary action, as mainly mutual aid, I will present how each situation refers to the idea of integration in a broad sense. I will then analyze how the social representations of the two volunteers interviewed encapsulate the dominant themes of recognition and redistribution to find a balance around a shared commitment: the transmission of a language.

This article intends to question the glottopolitical commitment of the third people assisting asylum seekers in their legal approach. More specifically, this study focuses on the discourses and practices helping the asylum narratives production. From Bourdieu’s sociology, the aim is to show that mediators have an eminently glottopolitical role as they are key people within the institutional ritual. Indeed, their commitment takes place between resisting migration policies and complying institutional expectations. Regarding their intervention on the asylum narratives and appeals, their role appears to be part of a remediation process to sociolinguistics difficulties that seekers cope with. Their third place in the relation between the institution and the asylum seekers distinguishes their commitment, providing them with the power to divert and negotiate this interactional structure.

In this article, I compare the strategies of visual representation employed in the two 1969 photobooks Gli esclusi (D’Alessandro-Piro) and Morire di classe (Berengo Gardin et al.). These photobooks have been the photographic protagonists of the reform of psychiatric health care that, fed by the upheavals of the late 1960s, brought about the closure of psychiatric asylums in 1978 thanks to the famous Law 180. I will specifically focus on the representation of claustrophobic spaces in their relationship with the bodies of inmates compared to the traditional iconography of madness. This article aims to show that these photobooks (while employing radically different strategies of representation) aim at providing a visual translation of the pivotal philosophical coordinates that guided the reform of psychiatric health care.

Taking the example of smartphones, the article discusses the impact of digital technologies on refugee trajectories considering the ambivalent potential of technologies to generate simultaneously new opportunities for refugees’ agency and new structural constraints regarding their mobility and actions due to control capacities. It therefore aims to offer a deeper discussion of the empowerment-control nexus and promote a better understanding of the various intersections that are developing between digitalization and migration/mobility patterns. The article is based on a qualitative research approach. Linking the individual level (the need of refugees to use smartphones for communication, information and orientation) to the political level is an emerging international market of surveillance and security technologies that has developed in recent years. Technology firms have contributed to develop and to promote the digital turn in surveillance and security-focused practices based not exclusively on the physical body, but on the digital devices as ‘extended bodies’.

The refugee crisis has shaped a new perception of the migration reality in Europe. The ramifications of its impact on European integration are visible and enduring. The EU’s response has included a certain strategic perspective, albeit weighed down by an excess of eurocentrism and a security perception that does not take third countries’ interests into balanced account. The major economic effort being made supports a far-reaching strategy, only now beginning to be outlined, to promote economic development in the countries of origin and transit of migrants. Additionally, issues such as the monitoring of respect for migrants’ human rights have not yet been suitably globally defined in this strategy. Although the behaviour and response capacity of the EU and its Member States can be assessed in different ways, the truth is that the migration debate has decisively swayed a block of countries that are openly reluctant to engage in intra-European solidarity and accept the new realities and responsibilities entailed by the refugees already present and yet to come to Europe. This position is very negative in the medium and long term, since, as noted, the crisis has also underscored the permanence of migration trends and flows and the consolidation of the routes or gates of entry to Europe. This contribution considers the vulnerability of the European borders designed and in operation in the Schengen Area. The internal borders were the most affected at the start of the migration crisis and are likely to be marked by current regulatory changes, which tend to allow exceptionality as a relatively common occurrence in the European ‘federal’ area of free movement. Nevertheless, the resilience of this system of the absence of internal border controls in the ‘federal’ area of free movement is undeniable. The impact on the EU’s external borders has been even greater, as it has shown once and for all that, more than fragile or vulnerable, some border controls, such as the sea border ones, are not practicable, especially those on Europe’s southern sea borders. It is precisely this infeasibility of border control in marine areas that leads to the accentuation of certain trends on Europe’s external borders, such as the externalization of migration controls. New regulatory and strategic planning developments confirm this trend, as well as the current concern for deploying an integrated external border management system. With regard to the phenomenon known as the ‘externalization’ of migration controls, the literature considers it to refer to EU actions aimed at reducing, sorting and controlling migration flows with the consent of third states in relations that are, by definition, asymmetrical. This article has addressed the different situations that arise, highlighting the advisability of differentiating between externalizing migration policy, on the one hand, and extraterritorial action concerning migration control, on the other. In search of greater conceptual accuracy, the term ‘deterritoriality’ has been used, as it is more neutral than the other terms mentioned insofar as it evokes the idea of positioning outside the territory certain border control and migration policy functions, to be carried out by other states or by the state itself. Since these are situations and actions linked to migration and border control, they should be conceptually situated outside the territory; the deterritoriality option hypothetically makes it possible to encompass both the externalization and the extraterritoriality of border control functions concerning migration. To this end, this article has focused on the various notions and activities that might be discussed in relation to the ‘externalization’ and the ‘extraterritoriality’ of migration controls and border functions, terms that, in sum, refer to migration control and management activities outside the territory, carried out by public officials of the EU states or by third states. On the one hand, externalization is considered to refer to the management and control of migration flows, the activities of adopting agreements, programmes, action plans and measures to encourage third states to monitor their own borders and migration flows in order to control, restrict or impede physical access to the territory of the EU states, accepting the placement in their territory, or the rejection, of refugees and migrants from other states. It does not involve the presence of or direct exercise of control activities by public officials of the EU Member States. In fact, outside European territory it is highly debatable that states are strictly performing border control functions, as it is an area that may more accurately fall within the more generic field of migration flow control linked to migration policy and European external action. On the other hand, extraterritorialization is understood to entail the performance of border control functions by states themselves outside their own territory. This case should involve the presence of or exercise by Member State public officials of some (effective) border control activities or functions in areas without state jurisdiction or in the territory of third states, with their consent. We are witnessing a change in the very concept of border in this post-globalization era, in which certain functions are offshored and systematically placed outside a state’s territory and checkpoints. However, territorial and extraterritorial actions must be differentiated from those occurring as part of external actions in or with third states for the purposes of migration policy and the control of migration flows. The reality is that a new border space south and east of the Mediterranean has been configured for migratory flows, which needs a new policy of external borders for these areas. Therefore, we must reflect on new frontier spaces, with new concepts and approaches to the border that provide other parameters of action towards migratory flows and external controls. Today, the Union needs new instruments and concepts for these new realities, especially so as not to lose sight of the fact that, when it comes to tackling crises such as those related to migration and the rights of foreigners approaching or entering its territory and jurisdiction, Europe is a rational construct entailing a project for civilizational progress. As such, it must permanently incorporate its values and respect for human rights in all its policies, regulatory measures and actions with foreigners and third states, both on its own external borders and beyond them. This is essential for the identity and objectives of the European integration, and for the projection of the EU security, solidarity and values in accordance with the International and European Human Rights Law.

This article focuses on the complex communication constructed between the Belgian Federal Agency for the Reception of Asylum Seekers (Fedasil) and asylum seekers: what do they say to asylum seekers? Why and how? Beyond the message, it is the relation of communication (Wolton, 2018) between reception authorities and asylum seekers that is explored through the analysis of communication during the reception phase. As a consequence of the communication to asylum seekers’ being hardly visible (Van Neste-Gottignies & Mistiaen, 2018), they are found to experience “information precarity” (Wall, Otis Campbell & Janbek, 2015). Although the “invisibility” of reception discourses seems to prevail, there is an ex-ception: communication regarding voluntary return programmes. This article aims specifically to deeply understand this communicational practice to asylum seekers: what does it contain? Beyond the content: what different forms does it take? Why is Fedasil communication on voluntary return to asylums seekers predominant? The analysis takes into account the complexity and variety of mediums of communica-tion, from mediated forms of communication to face-to-face interactions. To study practices, a corpus linguistics analysis is combined with field survey methods in a Belgian asylum seekers reception centre.

This article, using as a starting point the concept of supplication and asylum seeking in archaic Greek thought, examines cases of supplication which either succeeded and therefore asylum was granted, or were rejected and the pleas for asylum failed. The article focuses on two cases from Greek Drama and one case from Attic Oratory and investigates the features of supplication, the terminology and the argumentation that was considered crucial in order for the supplication to be accepted while moving from the world of myth, drama and religion to the world of oratory, city states and civic identity.

This article analyzes the expulsion of exiles in Latin America through the problems of integration and the legal status of exiles. It examines exile integration in terms of local residence and shows that in the 19th century nationality was less important than politics in determining expulsion. Towards the end of the century, two related developments —the codification of asylum law and the creation of legislation to ease the expulsion of foreigners— lead to the separation of the two categories. Asylum became associated with Latin American elites, and expulsion, because nationalized, associated with with European immigrants and criminality.

Este artículo propone visibilizar y volver a leer al cabo de casi veinte años, algunas experiencias de lesbianas feministas racializadas y blancas, a partir del final de los años 90, frente al racismo del movimiento lésbico, y luego frente al endurecimiento nacionalista de las políticas migratorias francesas, apoyándose en el concepto de homonacionalismo que aparece en 2007 bajo la pluma de Puar. Parte de la experiencia personal de la autora, que se dedicó como activista a la vez que como académica, al tema del género y del lesbianismo en migración, y fue parte de varias iniciativas pioneras en el campo, sobre las cuales propone una mirada reflexiva apoyada en un análisis retrospectivo de la coyuntura política nacional. En una reflexión epistemológica que valora la importancia del punto de vista situado, y subraya también el papel central de algunas lesbianas racializadas y proletarizadas, tanto en las luchas como en los análisis. El articulo distingue un primer periodo, entre 1999 y 2004, en que predomina la denuncia del racismo dentro del propio movimiento lésbico, por un grupo de lesbianas racializadas que defiende firmemente, por primera vez, la organización autónoma, es decir no-mixidad de raza. Entre 2005 y 2010, se da un giro hacia luchas contra el heterosexismo de las políticas migratorias, que se hacen cada vez más restrictivas, y se empieza a visibilizar la migración de las lesbianas, a través de iniciativas más bien mixtas y, en parte, universitarias. Finalmente, la autora vuelve sobre el concepto de homonacionalismo, y propone para describir la situación actual y el accionar de los nuevos grupos, los conceptos de heterocirculación de las mujeres y de lesbonacionalismo.

The United Kingdom has been a pioneer regarding privatisation policies since the 1980s. This derives from the coming to power in the UK in 1979 of the New Right with the election of the Conservatives led by Margaret Thatcher. Privatisation has taken many forms and has spared no area of society or the economy. Housing has been at the forefront of the public services that have undergone privatisation for economic, political and practical reasons. Within the field of housing, the rules governing access to asylum accommodation have been altered since the 1990s and the provision of accommodation has shifted to the private sector since the 2010s. These transformations have had consequences on asylum seekers’ housing conditions. Going over successive parliamentary reports on the matter, one cannot fail to wonder who are the winners and the losers of these reforms.

This paper discusses the importance of narrative learning and reflexivity at work with foreigners granted asylum. The discussed data is from 1 year duration fieldwork at NGO working with refugees in Lithuania. In this paper the examples from 4 narrative portraits of NGO workers are presented. It is argued that narrative learning is an interactive and co-constructed process and there is the need of awareness about the narratives and narrative learning, and how storytelling could be used for effective social work practice. The paper discusses the doctoral research data and explores the links between narrative learning and reflexivity. It is argued that reflecting about their practice critically, the workers can create new narrative identities and better understand and analyse their own identities, values, choices, practices and wider local and international contexts. Therefore, it is important to increase reflexivity and awareness of workers about various contextual factors and discourses, which might be influencing their narratives about their work and refugees, and further research on narrative learning and narratives of NGO workers.

(Series Information) European Papers - A Journal on Law and Integration, 2018 3(2), 875-884 | European Forum Insight of 17 July 2018 | (Table of Contents) I. Introduction. - II. The case: facts and legal context. - III. Findings and comment. - III.1. First question: assessing sexual orientation through experts' reports. - III.2. Second question: assessing sexual orientation through projective psychological tests. - IV. Conclusive remarks. | (Abstract) This Insight examines the judgment delivered by the Court of Justice on 25 January 2018 in the case F (C-473/16). This case concerns a very sensitive topic, as it relates to the admissibility of an expert's report and projective personality tests to assess the existence of a specific ground upon which international protection can be asked, namely sexual orientation. The Court lays down important criteria in a constant attempt to ensure the respect of the applicant's fundamental rights. The F judgement is likely to give an impetus to a new legal approach on the matter, even if some points of the Court's legal reasoning are not fully convincing.

Cosmopolitan Europe’, the normative commitment that is widely understood to undergird the project of the European Union, is under threat as never before. The number of refugees across Europe is at an alarming high and is expected to continue to rise for the foreseeable future. As a result, finding durable solutions for refugees has become a major challenge worldwide.

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 417-419 | European Forum Highlight of 25 March 2019 | (Abstract) In the Aletho judgement (Court of Justice,judgment of 25 July 2018, case C-585/16 [GC]) two main grounds for not being granted international protection are examined: to be under the protection or assistance of UNRWA, and to consider the application inadmissible since the country in which the applicant can benefit from UNRWA protection falls into the concept of "first country of asylum.

Our contribution is part of the REMILAS project, a research on interactions between asylum seekers and health professionals, with or without interpreters. Here we observe the emergence, expected or not by professionals, of snippets of migration narratives. Our study combines multimodal analysis of interactions (Sidnell & Stivers, 2012) with a critical sociolinguistic perspective (Boutet & Heller, 2007) so as to inform the development of training methods. Our empirical focus will be on interactional moments where the doctor, searching for the information needed to write an expert medical certificate, repeatedly urges the applicant to make certain responses required in it. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2017 2(3), 977-984 | European Forum Insight of 25 September 2017 | (Table of Contents) I. Introduction. - II. General principles and their application. - II.1. The assessment of the risk. - II.2. Principles of the benefit of the doubt and the burden of proof. - II.3. Targeted group and inability to protect. - III. Concluding remarks. | (Abstract) The European Court of Human Rights has developed a large case-law regarding expulsion cases, of which cases linked to asylum applications constitute a significant number. This Insight analyses the case of J.K. et al. v. Sweden [GC] (judgment of 23 August 2016, no. 59166/12), which constitutes an attempt on the part of the Court to systematise the main principles and to clarify the procedure and elements to be taken into account by national authorities when deciding on expulsion cases, and therefore on asylum applications. The Court first enumerates and briefly analyses the applicable principles: the risk of ill-treatment by private groups, the principle of ex nunc evaluation of the circumstances, the principle of subsidiarity, the assessment of the existence of a real risk, distribution of the burden of proof, past ill-treatment as an indication of risk, membership of a targeted group. Second, the Court applies the principles to the case of J.K. et al. v. Sweden, but the interpretation and application of those principles is the object of dissenting opinions of seven judges, which are also taken into account in this Insight.

In this study we will extract from the norms referring to refugee status the types of protection that can be granted to an asylum seeker in Romania and the necessary conditions for obtaining them. We will also analyze the forms of protection in order to understand in detail the differences between them. Thus, in Law no. 122 of 2006 on asylum in Romania are precisely specified three forms of protection that could be offered to an asylum seeker. The legislator can recognize refugee status and may grant subsidiary or temporary protection. At the same time, the rights and obligations of the beneficiary of a certain form of protection will be extracted from the existing rules. In this respect, it will be possible to differentiate between the asylum seeker, the beneficiary of a form of protection and a foreigner who is not in the above-mentioned situations. The difference between the first two categories of persons and the latter is presented in the national legislation itself, the statute of which is separately regulated in distinct laws.

In recent years, the new mobilities caused by the violent conflicts in the Middle East have made the German town of Passau a base for many people from Syria, Afghanistan and Iraq. This study analyzes the effects of refugee movements and migration in the Lower Bavarian town in terms of the concept of the “arrival city” by Saunders. The study is based on findings from participatory observation, conversations with volunteer helpers, students and other residents of Passau, intensive exchange with refugees and a discursive media evaluation. Has urban society experienced any transformations? What kind of changes have occurred both for long-term and new residents, their life worlds, their networks and opinions or to the institutions and structures of the city?