Search

This paper outlines an argument for the equal treatment of third-country nationals in the EU. The argument is in two parts. It argues, doctrinally, that the reasons in favour of treating third-country nationals equally are weighty. Second, it suggests that, politically, conceptually and sociologically, third-country nationals should generally be entitled to equal treatment, a guarantee which may be subject to specific exceptions. The reasons for such exceptions should be clearly stipulated by public authorities. The approach which emerges from this position should lead to a more coherent concept of equality emerging in EU law, something which should be amenable to European egalitarians. [ABSTRACT FROM AUTHOR]

Ethnographic research in Vienna from 2009 to 2010 revealed how East Asians construct a collective regional identity by consuming Korean popular culture, known as hallyu. This paper is the first attempt at studying these immigrants as a group; scholars in Asian studies have previously focused on one nation. Unlike conventional studies of immigration, which focus largely on assimilation and integration in the new society and culture, this paper shows how immigrants construct their independent identities across national borders, and how advanced technology enables them to choose cultural content that evokes Asian values and sentiments. Hallyu thus informs their identity construction as East Asians in Europe. [ABSTRACT FROM AUTHOR]

The European Union (EU) has thus far developed a standard approach towards the negotiation processes and the content of readmission agreements with third countries. This approach encompasses offering a visa facilitation agreement and visa liberalization to third countries as an incentive for the conclusion of a readmission agreement. The approach has, however, changed in the case of the EU-Turkey Readmission Agreement. This Agreement was signed simultaneously with the initiation of a Visa Liberalization Dialogue, by-passing the conclusion of a visa facilitation agreement. The content of the Agreement has also distinguishing features compared to EU readmission agreements. This article seeks to explain why the EU has changed its standard approach in the case of Turkey through analysing both the negotiation process and the content of the EU-Turkey Readmission Agreement. In this way, this article strives to demonstrate that this shift is mainly due to EU's concerns about effective return of irregular migrants who have been ordered to leave the EU, as well as the unique characteristics of the multidimensional relationship between the EU and Turkey. [ABSTRACT FROM AUTHOR]

According to mainstream discourse, the EU is facing a 'refugee crisis' due to a mass influx of asylum seekers, which is putting the Common European Asylum System (CEAS) under pressure. Although this article acknowledges that the CEAS is currently under pressure, it aims to take a different view from the assumption that the—admittedly significant—arrival of asylum seekers constitutes in itself a problem for the EU. It suggests that the problems encountered by the CEAS are rather symptomatic of a deeper gridlock resulting from this system's lack of compliance with two main EU's fundamental values, the respect of which constitutes the 'fundamental premise' of EU integration, namely solidarity and human rights. From both an historical and a legal perspective, the EU is indeed founded on a set of values comprising the respect of human rights and solidarity. The treaties further require their respect internally (i.e. Articles 2 and 6 TEU), but also vis-à-vis the rest of the world (i.e. Articles 3(5) and 21 TEU). However, the current responses to the arrival of asylum-seekers are, in several respects, in contradiction with these founding values. On the one hand, the internal management of the influx of refugees reveals a lack of solidarity and results in breaches of asylum-seekers' fundamental rights. On the other, the EU's asylum policy does not meet the requirement according to which the Union shall, in its relations with the wider world, uphold and promote these values. These observations lead us to believe that facing the refugee challenge constitutes, from a normative perspective at least, a litmus test for the EU at large. Indeed, the EU's difficulties in dealing with the arrival of the asylum seekers—which have already been the subject of extensive research—appear to be the evidence of an identity crisis. The way the EU, hand in hand with its Member States, responds to this challenge thus amounts to a 'decisively indicative test' for its normative foundations that are a prerequisite for the viability of the entire undertaking, and, notably, of the principle of mutual trust. [ABSTRACT FROM AUTHOR]

Across European cities, migrants without access to state facilities, resort to living in 'makeshift camps' or squats. These settlements are usually evacuated and demolished by state authorities. Instead of discussing the state's positive obligation to provide decent housing, this article focusses solely on the state's negative obligations under the right to respect for a home as laid down in Article 8 of the European Convention of Human Rights (ECHR). Drawing upon the cases of Calais and Amsterdam, this article scrutinizes domestic case law about evictions from (in)formal migrant settlements and compares that to case law of the European Court of Human Rights (ECtHR). We argue that the ECtHR case law provides a relevant framework that should be used to evaluate the legitimacy of evictions and destructions of (in)formal migrants' settlements. Despite the fact that applying this framework would not entail a complete ban on evictions, it would provide some welcome (procedural and substantive) protection for migrants. [ABSTRACT FROM AUTHOR]

Carrier sanctions are penalties given to transport companies if they carry improperly documented passengers. While the literature on carrier sanctions grapples primarily with comparative legal and normative questions surrounding asylum-seeking and democratic accountability, the empirical material covering the implementation of carrier sanctions is more limited. None of the literature to date has examined the statistical trends in the enforcement of carrier sanctions by European states. This article fills this gap and provides the first comparative analysis of statistics on the yearly number and costs of carrier sanctions. Through a new dataset on the implementation of carrier sanctions in 10 European countries between 2000-2014, the data reveal a puzzling variation in carrier sanction implementation over time, with wide variation among states, due in part to the un-reliability of the data. These variations are discussed in the context of current legal, political, and migratory trends in Europe. [ABSTRACT FROM AUTHOR]

Public events by immigrant religious organisations are a fairly new phenomenon in European societies. This article analyses and compares two such events: Diwali Mela, the Hindu festival of lights, and the Open Mosque Day organised by Muslim umbrella organisations. Using basic concepts of new institutional theory, we will show how immigrant religious organisations adopt established event formats and translate them into their own context. Interestingly, different factors influence the way they present themselves and their religious tradition at the public event. Three of these factors are of major impact: the secular image of the role of religion in society, the discourse about Islam and Hinduism, and finally the organisations’ own religious concepts. We argue that the action generated out of this leads to the masking of two major aspects of religion: the rites and the believers. [ABSTRACT FROM AUTHOR]

Since its beginning, the Syrian civil war has been marked by atrocities on both sides of the conflict and as diplomatic efforts fail to bring the various fighting factions to one table, there seems to be no end in sight for the increasingly sectarian conflict. The Syrian crisis has drawn in a range of outside factions and there are reports of some uooo non-Syrians fighting alongside government troops, opposition forces and other, often religiously-inspired groups. While most of these so-called foreign fighters come from neighbouring states, around 20 percent of them are estimated to come from Europe. Authorities at the national and international level try to counter these worrying developments via a plethora of means. This article focusses on the question of what legal tools and measures legislators can and should utilise to prevent potential fighters from travelling to Syria and/or prosecuting individuals upon their return, for example for acts committed while abroad or the possible preparation of terrorismrelated acts. It analyses the legal avenues available on the international and domestic levels for addressing the issue of foreign fighters. As concerns the national level, the article focuses on the European states that appear to have the highest percentage of departed foreign fighters: Belgium, France, Germany, the Netherlands and the United Kingdom (UK). The authors conclude, among other things, that rule of law responses to the foreign fighter phenomenon in the countries investigated remains fragmented. Although at the European level, the attacks in Belgium in May 2014 have meant that calls for a comprehensive approach to the foreign fighter phenomenon have become more urgent, it is doubtful whether Europe will soon have a Union-wide response to this increasingly challenging problem. [ABSTRACT FROM AUTHOR]

Since the first reports detailing the presence of foreigner participating in the Syrian civil war in September 2011, the number of foreign fighters has increased exponentially. Especially European policymakers are worried about the potential threat posed by the presence of hundreds of European foreign fighters in Syria and the possibility that some of them could return to stage an attack. This article examines the challenges European policymakers face when addressing the foreign fighter phenomenon in general, and that of returnees in particular. The article first discusses the complexity of the (potential) threat posed by those that return from the fight in Syria. Next, it outlines the need for and challenge of providing an accurate threat assessment. The authors then present a number of recent ideas and proposals on how to deal with the phenomenon of foreign fighters in Europe. These proposals highlight the need for a mixed or comprehensive approach, which is sensible given the complexity as well as the multidimensional and international nature of the threat. However, it also poses an additional challenge to policymakers pertaining to the implementation of such an approach. This governance challenge is discussed by investigating the possible roles of various actors when dealing with returnees. Based on these findings, the concluding part presents a number of policy recommendations. [ABSTRACT FROM AUTHOR]

Abstract Every year Europe faces the arrival of thousands of stateless migrants in search of a more dignified life. Most of them are in need of protection. In most EU member states, statelessness is predominantly a migratory phenomenon and often linked to forced migration. Yet, statelessness has to-date not been part of mainstream European policy discussions on international protection. Consequently, statelessness frequently remains a hidden phenomenon in the EU, making persons without a nationality invisible and living on the margins of society. This article examines the EU framework for international protection and the forms of protection stateless forced migrants can currently count on in the Union. [ABSTRACT FROM AUTHOR]

Abstract The Commission is planning to propose an EU immigration code in 2013. This will be an opportunity to revise the existing EU legislation in order to enhance standards and procedural rights for migrants, as well as to improve its clarity and coherence. This article discusses the key issues which the Code should address, and suggests a list of amendments which it should adopt. It is accompanied by a complete proposal for a text of the Code, published online. [ABSTRACT FROM AUTHOR]

In Pakistan are visible thousands of children living alone in the streets, used by different kind of people for underground proposes. Then one finds them older entering Greece borders, bringing with them the underground exploitative activities as well as the solidarity support of local population living where migrant pass. Looking to the youngsters migrant flow from Afghanistan to Europe, is it possible to understand it when sociologist look at it as a problem of national stock and flow? Or does sociology need to adopt without borders methodologies? [ABSTRACT FROM AUTHOR]

This article analyses the treatment of so-called transnational migrants in expulsion cases reviewed under Article 8 of the European Convention on Human Rights before the European Court of Human Rights (hereinafter: the Court). By regularly crossing national borders and maintaining cultural and social ties to more than one country these migrants are in fact not effectively protected by the Court. This disadvantaging treatment can be explained as being the result of the Court's doctrine of margin of appreciation which allows domestic political preference in immigration policy to dominate the balancing process before the Court. The margin of appreciation doctrine is interpreted as the Court's way of dealing with the more general tension it faces in acting as a guardian on the one hand and respecting domestic legislation on the other. This tension is strengthened by the institutional arrangement under which the Court is acting. Against this background, this article submits two possible amendments on the doctrinal and procedural level, suggesting that the Court should follow a more inclusive reasoning and should replace the margin of appreciation doctrine by the concept of core content. [ABSTRACT FROM AUTHOR]

Comments on the absolute prohibition on torture in Europe. Use of torture as a means of extracting information from a person; Definition of torture in article 1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment; Implications of the use of diplomatic assurances for migrants.

Examines the impact of the tension between immigration enforcement and welfare protectionist concerns on the refugee status of separated child asylum seekers in Europe. Causes of the increase in migration of separated child asylum applicants; Issue of state intervention in the migration of separated children; Examples of inconsistent policies towards separated child asylum seekers; Inconsistent judgments in separated child asylum seeker cases.

Analyzes the protective framework under Article 3 of the European Convention on Human Rights (ECHR) with respect to child asylum seekers. Hardships faced by child refugees when seeking protection against violations of their human rights; Framework for treatment of refugee children at the global level; Categories of the provisions under the Children's Convention; Standards for the protection of child asylum seekers provided for by the system of the ECHR as interpreted by the European Court of Human Rights.