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Under the presidency of Andrés Manuel López Obrador, Mexico has abandoned plans for a more humane migration policy. Faced with increasing flows of asylum seekers from elsewhere in the hemisphere, the Mexican government has adopted a strategy of control and enforcement that mirrors the US approach. [ABSTRACT FROM AUTHOR]

Emotions produce the borders between the self and other. They are also constitutive of national border practices and politics. This article considers the 'affective governance' of the UK's immigration system, arguing that an emotional register that is both splenetic and indifferent is evident across migration policy, decision-making, and operational practice. It draws on 15-years of research on immigration administration, detention, and judicial spaces to explore the circulation and management of emotion by immigration practitioners. It argues that four emotions (anger, disgust, suspicion, fear) dominate across spaces, scales, and actors. Simultaneously, migrants' purported emotions and affective lives are met with disinterest and disbelief, their emotional displays are ignored or punished, and immigration practitioners engage in their own emotional detachment. The article argues that by examining the emotional government of immigration systems, we can interrogate the role of affect in techniques of subjectification and the creation of deportable and disposable Others. [ABSTRACT FROM AUTHOR]

This paper attempts to reinterpret asylum theory (1954) propounded by Ortwin Henssler (1923–2017) as a free-space theory of education, as a way of grasping the problematic nature of 'pedagogical protection.' The theoretical potential of Henssler's thought has been more appreciated, accepted, and developed in Japan than in his native Germany. First, I outline Henssler's theory of asylum and show how his theory has been received and developed in Japan, especially in the fields of historical researches. Secondly, I discuss the possibility of reading Henssler's thought of asylum as a theory of 'pedagogical protection.' Thirdly, I consider whether it is possible to interpret 'free space' in education based on the model of asylum. Finally, I delineate some prospects for and challenges involved in connecting the theory of asylum to the theory of education. [ABSTRACT FROM AUTHOR]

This article maps from a critical and comparative perspective how scholars at risk are currently being integrated into the European research infrastructure, as well as in various EU and non-EU Member States. The focus is on three countries ranging from older to newer EU members to one non-EU member state—Hungary, Romania and the United Kingdom—as well as on EU-level organisations. We draw on twelve in-depth interviews conducted with key stakeholders involved in the process of academic migration (non-governmental organisations, EU and national level actors) to identify key issues concerning academics at risk. Finally, we call for a robust EU-level response to an issue that is currently inadequately addressed by national governments, professional associations and NGOs. As we argue, the focus on mobility as a factor supporting research excellence in the regular European research infrastructure can have negative unintended outcomes for scholars at risk. For many of them, rewarding mobility can entail the threat of losing their legal status in temporary places of migration. What is needed is a nuanced approach for scholars at risk in a diverse range of situations, which should involve closer cooperation between international academic bodies and EU policy makers, and complement support for those who need to escape to third countries with the offer of remote work in the country where they are able to obtain a secure residence permit. [ABSTRACT FROM AUTHOR]

For many, wage labour dictates the rhythm of everyday life, delineating hours of rest, recreation, and labour. For people seeking asylum – most of whom have no right to work and subsist on support payments below the level of destitution – such divisions are less clear. This makes grappling with the concepts of time and leisure in the asylum system important. People seeking asylum often wait years for a decision on their claim and, in the UK, the application process often involves multiple rounds of application and re-application over several years. This has profound implications for leisure. In this article, I explore the leisure practices of people seeking asylum in the city of Sheffield in the north of England. By looking at the temporal power exercised by the state over people seeking asylum, I consider access to parks and greenspaces; parties, drinking and smoking. I find that greater attention needs to be paid to informal use of greenspaces; leisure practices beyond targeted interventions to promote integration or cohesion; and discourses around legitimate leisure in the asylum system. I conclude by calling for more sustained engagement with what the temporal demands of the asylum system mean for how we understand leisure. [ABSTRACT FROM AUTHOR]

This article discusses the concept of the uncanny in a postcolonial context, specifically focusing on the slums of Mumbai and the partition of India. The author argues that the uncanny aesthetic can reveal hidden aspects of reality and challenge dominant narratives. By examining literature and psychoanalysis, the author suggests that the uncanny can help readers engage with their own emotions and fantasies, bypassing censorship and facilitating social and political change. The article applies this postcolonial uncanny aesthetic to the short story "Toba Tek Singh" by Saadat Hasan Manto, highlighting the absurdity of partition and its impact on mental health. The article raises questions about the usefulness of the uncanny aesthetic in analyzing real-life social and political conditions. [Extracted from the article]

Canada's humanitarian tradition has been a pole of attraction to new immigrants and refugees and a source of pride for Canadians. As part of an ongoing research project on changing representations of refugees and immigrants in Canadian mainstream newspapers, this research note focuses on two groups of refugees1 who came to Canada around the time of the American Civil War. We discovered the two historical extradition court cases of refugees who were wanted by the US over allegations of criminality, by thematically analyzing Globe and Mail articles between the years of 1844-1869. Our analysis shows that the dominant ideological and thematic frame of refugee newspaper reporting at the time revolved around what Canada stood for, in terms of values, and who the Canadians were. Even though these two groups of refugees were represented differently, the issue of "the right to asylum" was never questioned and always deemed to be a manifestation of a putative, pre-confederation "Canadian" identity -- which itself, in the newspaper discourse, rested on freedom, humanitarianism and the rule of law. We conclude this research note with contemporary reflections on our findings. [ABSTRACT FROM AUTHOR]

This article is aimed to analyze, from a human rights-based approach, the experiences of persons in precarious human mobility facing the Argentina’s border closure due to the COVID-19 pandemic. How was the experience of arriving, leaving and in general, transiting with formally closed borders? Based on literature and public documents reviewing and interviews to key-informants, this contribution gives account of the initial waiting at borders and both of the difficulties and strategies to enter and transit, even in a regular manner, to thus assesses the experience from the State’s obligations arising from the human right to migrate. [ABSTRACT FROM AUTHOR]

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The movement of people from one place to another due to either social, political, demographic, economic or environmental factors represents a real challenge for the member states of the European Union, eager to have secure external borders and an accurate number and territorial distribution of the population. The phenomenon of migration has known intense periods throughout the history of mankind, but on the European level the most resounding was the refugee crisis of 2015, two decades after the establishment of the European Union through the entry into force of the Maastricht Treaty. This exodus was followed by the peak on the Gaussian curve represented by the flow of emigrants caused by the invasion of Ukraine in early 2022, Europe's largest refugee crisis since World War II to date. The European Union and the member states were thus put in a position to deal with the management of the phenomenon and the migration flows, to create strong institutions, efficient instruments and clear procedures, along with specific rules. But in addition to external migration, internal migration is equally significant, which is based on multiple pressure and attraction factors, both of which affect the social structure of a state. Thus, the approach and understanding of the phenomenon of migration, the determination of the causes and reasons behind leaving the native places and the identification of the economic and social implications produced are essential elements for a more efficient management of migration in the future by European actors. [ABSTRACT FROM AUTHOR]

Copyright of International Journal of Field Education (IJOFE) is the property of International Journal of Field Education (IJOFE) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Drawing on the anthropological debates surrounding humanitarian borders, this article analyses the functioning of the humanitarian border in central Mexico. More specifically, it focuses on the state of Puebla as a case study that casts light on the ways in which the humanitarian border operates in states located far from geographic borders, which are frequently overlooked in discourse and action on migration and asylum in Mexico. Based on ethnographic research in Puebla between 2019 and 2022, we analyse how the state has been incorporated into the international humanitarian circuit by being made responsible for handling asylum seekers and refugees who have been relocated from the south of the country. Against this backdrop, a humanitarian border comprising two dimensions has emerged: a hard border governed by securitarian control measures and a soft border managed by humanitarian actors. In this article, we will analyse the soft humanitarian border. [ABSTRACT FROM AUTHOR]

The objective of this study was to apply neutrosophic logic in the context of the DEMATEL method to evaluate the variables involved in the eligibility of individuals in asylum requests and immigration processes. To achieve this, information acquisition methods were employed to gather the variables necessary for inclusion in the study. An expert panel was engaged to assess these variables, taking into account the inherent indeterminacy and uncertainties associated with decision-making. The study's results highlighted variables such as "Persecution in the country of origin" and "Reasons for the application" as highly influential elements in the eligibility process. This information provided decision-makers with a clearer understanding of which aspects should be prioritized in the evaluation of asylum and immigration requests. The combination of neutrosophic logic and the DEMATEL method proved to be an effective tool in addressing the complexity of this process and provided a more robust framework for decision-making. [ABSTRACT FROM AUTHOR]

This paper provides an overview of the contributions of the special issue, using these to arrive at an inventory of five ways in which we can critically approach the role of legal language in the systems of asylum determination in rich countries. It also draws out a series of broader lessons from the special issue and concludes by reflecting on the influence of scholarly work amongst the judges, lawyers, interpreters, and others involved in administering asylum processes. [ABSTRACT FROM AUTHOR]

Credibility assessments in asylum visa applications have attracted criticism across diverse research fields. This article builds on existing critical examinations by presenting a case study of a successful appeal in the Federal Court of Australia (FCA) which overturned a decision involving one such problematic credibility assessment. The article establishes that credibility assessments often rely on flawed language ideologies and reasoning that transform the asylum seeker into the sole participant responsible for the texts produced in institutional processes. As a contrast, it then explores the FCA decision, analysing the judge's treatment of three different premises on which the lower-level rejection relied. It demonstrates how, when dealing with each of these premises, the judge's approach aligns with sociolinguistic scholarship. The case study demonstrates the potential of sociolinguistic awareness to denaturalize the problematic ideologies underlying credibility assessments. However, the article equally acknowledges and discusses the systemic limitations on challenging credibility assessments, due to the narrow scope for judicial review, and the need for professional legal assistance to argue one's case successfully. The article concludes that while credibility assessments serve to act as a powerful gatekeeping tool to support increasingly restrictive asylum policy, judicial receptiveness of sociolinguistic understandings of communication can sometimes provide an avenue for successful appeals. It thus provides a powerful example of the potential benefits of communicating sociolinguistic research to law students, legal practitioners and decision-makers. [ABSTRACT FROM AUTHOR]

Scholars across Computer-Supported Cooperative Work (CSCW) increasingly focus on the topic of care when investigating data-driven technologies in contexts of re-humanizing technology design and usage. Previous studies have shown how care work eludes complex bureaucratic systems shaped by data, digitalization, and a restrictive political agenda. This research aims to understand how asylum stakeholders enact care as an aspect of asylum casework, while navigating what is largely acknowledged by NGOs, nation states, and the EU to be a broken asylum system (von der Leyen). We investigate care as a relational aspect of casework in which knowledge and technology of the implicated caseworker and asylum seeker are attuned to one another in a way that takes the unaccountable into account (following Mol 2010). We add to studies of care in CSCW by empirically expanding the research sites of care and data work. In this multi-sited ethnographically informed study, we conducted interviews (n = 19) and 160 h of observational studies amongst: 1) Danish Red Cross care workers; 2) Danish Refugee Council legal counsellors; and 3) Danish Immigration Service case officers. We contribute empirically grounded insights into the meanings of care in a datafied asylum context. We find that care is enacted by caseworkers in moments of ambivalence, translation, and attentiveness to "new substantial information" relevant for asylum decision-making. We find that these relational aspects of care in asylum casework impact the production of data about the asylum seeker. We end with a discussion of how a care perspective increases our sensitivity as CSCW researchers towards understanding the conditions for producing quality data and documentation in casework. [ABSTRACT FROM AUTHOR]

This paper focuses on the extreme hardship suffered by migrants crossing through Libya to reach Italy and Europe. The paper documents and defines the notion of extreme hardship and argues in favour of an ethics of care that provides for protection for those migrants who may not be asylum seekers for what concerns their initial motivation for migrating but who need humanitarian protection because of the harm suffered while en route. Starting with a normative exploration of how an ethics of care can and should inform the policy of countries of arrival, this paper analyses the specific case of Italy and the emerging case law and legal practice in relation to the humanitarian stay permits. Based on the analysis of relevant scholarly literature, policy and legal texts and interviews with expert informants (lawyers and judges) and taking stock of an innovative practice that emerged in Italy in the period 2015–2020, the paper also discusses similar provisions in other European countries and argues for the possibility to develop and codify a humanitarian permit, at national or also European level. [ABSTRACT FROM AUTHOR]

This article addresses the way that humanitarian conditioning continues in the lives of refugees after receiving asylum in Europe while also highlighting the perspective of refugees as they experience official and informal processes of integration. The ways the rhetoric of suffering must be invoked at various times throughout the asylum process are well documented. Less attention, however, has been paid to how asylum recipients in Europe continue to navigate these structures. Drawing on over 20 months of ethnographic research in Paris, France, this article explores the way that these resettled Syrian refugees encounter the rhetoric of suffering and other asylum structures in their everyday lives as an ongoing form of humanitarian conditioning. Through a focus on capabilities and aspirations, this article ultimately reveals how resettled refugees navigate this humanitarian conditioning to carve out lives and create new trajectories of integration in the wake of asylum in France. [ABSTRACT FROM AUTHOR]

In its efforts to control the mobility and whereabouts of its refugee populations, Turkey enforces registration requirements for refugees, tying refugee rights to continuing residency in a particular province. Drawing on the literature on rescaling of borders and illegalization of refugee mobilities, this article argues that the Turkish asylum regime creates internal borders, producing the province as the key legal geography of asylum. Based on qualitative data collected in 2018–19, this article illustrates that refugees gain their liminal legality only at the scale of the province. As a result, Turkey systematically creates a type of refugee illegality defined relative to internal borders. Unauthorized presence outside the province through illegalized, yet mundane, mobilities makes refugees susceptible to forced relocations to other provinces, detention centres, and refugee camps. [ABSTRACT FROM AUTHOR]

The disease of racism is one of the oldest and most dangerous diseases in societies. Racism has existed since God created Adam, peace be upon him, when Satan was arrogant over him, and he refrained from prostrating on the pretext that he was better than him because he was created from fire and Adam was created from clay. Today, racism has become a means of dividing people and winning political votes at the expense of refugees. Scholars have dealt with the discussion of racism from a moral point of view in detail, but they did not deal with it from a jurisprudential point of view as a criminal offense independently. Islamic law is considered a forerunner in combating racism, as Islam and its first slogan was that people are equal in the origin of creation, as it equated between the master and the slave, and between the rich and the poor, and between the man and the woman, and declared that there is no preference for one over another except for what the individual offers of good and useful deeds. This equality was practically applied in the councils of Medina, where Bilal al-Habashi, Salman al-Farsi, Zaid bin Haritha, and other slaves and loyalists became masters of Medina to be referred to, and their opinion was taken. There was no difference between them and Umar ibn al-Khattab and Abu Bakr al-Siddiq and Othman bin Affan. This equality was applied between the immigrants who migrated to Medina and the Ansar, where the Ansar shared their money, their country, and their land with them, so they presented the most wonderful example of equality and fighting racism. Therefore, in this research, I will deal with racism as a criminal offense in Islamic jurisprudence, and I will talk about the elements of the crime, as this crime may include two crimes; the first is incitement to racism as we see it today through incitement against refugees, and the second is the commission of a racist crime, and I will talk about its punishment in Islamic jurisprudence, and according to the laws of united nations United. [ABSTRACT FROM AUTHOR]

This article delivers a comprehensive review of the English-language literature concerning the experiences of lesbian, gay, bisexual, transgender, transsexual, and queer (LGBTQ) refugees and asylum-seekers. Through an incisive synthesis and analysis, it identifies five pivotal themes: 1) journey and settlement; 2) legislation, policy, and charitable intervention; 3) health; 4) creative expression; and 5) religion, faith, and spirituality. This analysis uncovers gaps in the existing body of knowledge, charting innovative paths for future research and policy. This work transcends the boundaries of a traditional scholarly review to offer actionable recommendations aimed at guiding policy and practice. This involves pushing for strategies that are not just inclusive, but also rooted in overcoming Western-centric approaches to gender and sexual identities. [ABSTRACT FROM AUTHOR]

Inspired by political philosophy, critical studies of border regimes often reduce human rights and relief work to some accomplice role in migratory control and surveillance. Drawing on ethnographic research on pro-migrant activism in Tijuana, a large city on Mexico's northern border, I contrast such critical literature on border policies with an anthropological approach to the study of organizations and bureaucracies. In particular, drawing attention to activists as providers of goods and services enables us to deal with activism as an ensemble of concrete actors, institutions, and practices. The contradictory directives to which providers are subject, faced with inevitable conflicts, shifting alliances, and overlapping structures, are apparent in cases of co-production of services through complex forms of coordination between local authorities, civil associations, and international organizations. Revealing the political dimensions of service delivery—not reducible to domination—these assemblages of modes of governance are frequently oriented to cope with migrants' immobility in cities like Tijuana, turned into places of indefinite delay by policies that extend the spaces of interception and expulsion to neighboring "transfer" countries. [ABSTRACT FROM AUTHOR]

For decades, the academic literature on migration policy change suggested that migration policies in Western Europe had become overall more liberal. Yet, in an age of strong polarization, highly institutionalized policy regimes are likely to change. Adopting the theoretical lens of policy feedback literature, this paper argues that a better grasp of policy dynamics in the field of migration requires a more nuanced definition of the policy. Namely, we contend that the stability of liberal arrangements constitutes only an apparent paradox. Indeed, disentangling paradigms and instruments may enable different patterns of change and stability to emerge, as well as the role of agency. We build this argument using Italian reception policy as the case for a theory-building study on the drivers of change and stability of asylum policy regimes. Our study also suggests the benefits of applying a micro-level analysis to uncover agent-based mechanisms of policy entrenchment. [ABSTRACT FROM AUTHOR]

Copyright of Treaties & Documents / Razprave in Gradivo is the property of Institut za Narodnostna Vprasanja and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The US population of immigrants and refugees has steadily increased, as have efforts to curtail their numbers via detention and deportation. Critically, forensic evaluations for immigration courts have reflected a burgeoning specialty of both empirical scholarship and professional practice. In recognizing the growing role of forensic practitioners in immigration-related evaluations, the current article examines legal and professional issues facing the field. Specifically, the empirical landscape regarding "immigration trauma" is introduced as a salient backdrop to all other professional issues. Building on this framework, advancements and developing areas of empirical work concerning these specialized evaluations are reviewed. Moreover, this article has examined recently established guidelines and ethical considerations informing immigration evaluations. To illustrate, a substantive analysis of competency in immigration proceedings highlights salient similarities and crucial distinctions between due process rights in criminal and civil courts. Concluding remarks highlight salient future directions. [ABSTRACT FROM AUTHOR]

Misrecognition has been conceptualised as an act of recognition that is 'distorted' or 'incomplete', and can be used to capture the differentiated experience of social and/or political phenomena by different individuals. In this article, we apply the concept of misrecognition to the visual representation of refugees in the British tabloid news media. The article presents a novel two-step analysis which combines visual analysis of a representative sample of British tabloid newspaper coverage of refugees with an analysis of a representative sample of this coverage by two focus groups of tabloid newspaper readers. In taking this approach, we capture the role of audiences in constructing the meanings of the images, a perspective largely absent from the literature to date. The findings show that a gendered misrecognition shapes the visual construction of refugees by this media and its audience, with women more likely to be recognised as refugees and (mis)recognised as vulnerable mothers, and men more likely to be misrecognised as loners and criminals and less likely to be recognised as refugees. Reflecting on the findings, we argue that misrecognition is a critical concept in understanding the politics of marginalisation constructed by the tabloid news media. [ABSTRACT FROM AUTHOR]

Copyright of HAPSc Policy Briefs Series is the property of Hellenic Association of Political Scientists and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Russian Federation's actions against Ukraine in February 2014, having - at the time - the form of hybrid warfare, followed later by an armed assault that took place on 24 February 2022, have resulted in an unprecedented influx of refugees from across Poland's eastern border. As Poland faced a major challenge (also in legal terms), additional regulations had to be introduced to supplement the refugee protection standards already in place under national and international laws. The purpose of this paper is to identify the prerequisites (conditions) stemming from the catalogue of protective instruments provided for in Polish legal regulations that can be taken advantage of by Ukrainian citizens after the Russian attack of 24 February 2022. The thesis of this study is that Polish protective mechanisms are consistent and complementary, and that, insofar as they apply to Ukrainian citizens, they fulfil international obligations under the Convention relating to the Status of Refugees, adopted on 28 July 1951 and secondary European Union law, mainly Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011.

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.

The Polish reckoning with the illiberal turn of the past years seemingly does not apply to the unlawful practice of pushbacks on the Poland-Belarus border. The unlawful practices, best exemplified by pushbacks, have come to be accepted in the European mainstream. The humanitarian crisis on the Poland-Belarus border and its handling by the new government, together with its rejection of the New Pact on Migration and Asylum, vividly illustrates this point.

Summary: In this Viewpoint, we provide an overview of the worsening trend of traumatic injuries across the United States–Mexico border after its recent fortification and height extension to 30-feet. We further characterize the international factors driving migration and the current U.S. policies and political climate that will allow this public health crisis to progress. Finally, we provide recommendations involving prevention efforts, effective resource allocation, and advocacy that will start addressing the humanitarian and economic consequences of current U.S. border policies and infrastructure.

Abstract This paper analyzes the role of border fortifications for migration control and access to asylum based on two case studies: the Hungarian–Serbian and U.S. American–Mexican borders. The research is based on qualitative interviews on both sides of the borders. It shows that despite other options for border control, fortifications still play an important role, especially for asylum seekers. Fences fulfill a material, a symbolic and a filtering function here. The three functions contribute in different ways to preventing asylum seekers from crossing the border, thus depriving refugees of the opportunity to apply for asylum. The paper shoes that fences fulfill functions that other forms of border control (such as shifting or smart borders) cannot accomplish in the same way and it thereby contributes to understanding the ‘puzzle’ of contemporary border fencing.

Literature suggests that sudden mass immigration can fuel xenophobic attitudes. However, there is a lack of reliable evidence on hostile actions, such as discrimination. In this study, we leverage the unexpected mass immigration of refugees to Germany in 2015 in combination with a two-wave field experiment to study the effect of immigration on ethnic discrimination. In 2015/2016, political and social tensions in the Middle East and North Africa led to a historic mass migration to European countries. We carried out a large-scale field experiment on ethnic housing market discrimination in Germany (paired e-mail correspondence test with ~5,000 e-mail applications to rental housing units in each wave) shortly before this "European refugee crisis" (1st wave). We repeated this experiment at the peak of the crisis (2nd wave of our experiment). By taking advantage of the unexpected refugee immigration between the two waves of our experiment and the quasi-random allocation of refugees across regions for causal identification, we find no credible evidence that the large influx of refugees changed the extent of ethnic discrimination of Turks in the rental housing market. This result holds regardless of the extent to which regions within Germany were already accustomed to immigration before the refugee crisis.

Migration and asylum are two of the most challenging issues in Europe. With every crisis, new shortcomings are exposed. However, actions taken by the European Union and its Member States have proven that common migration and asylum policy remains a distant goal. In the presented paper, the author analyses developments in the European Union migration and asylum policy of 2022, stating that, despite the momentum caused by the support given to Ukrainians with temporary protection, hopes for comprehensive asylum and migration policy reform should be toned down, despite the end of the legislative period looming on the horizon.

The concept of a systemic fundamental rights violation refers to a particular set of violations that are both widespread and embedded, so their reoccurrence may be assumed to be likely. It takes on at least two distinctive roles in EU asylum law and policy. One role is linked with the functioning of the principle of mutual trust, a principle that obliges Member States to recognise each others’ systems and decisions, presuming them to be legal, apart from exceptional cases. In this context, the principle sets the standard from when the presumption of legality is rebutted. In its conceptualisation and application, it is in tension with European human rights law, and, for a period, set up frictions between the CJEU (in NS/ME and Opinion 2/13) and the ECtHR (in MSS and Tarakhel). This tale of judicial frictions is not merely of historical interest. Its legacy is, we conclude, a thin concept of systemic breach, characterised by an over-individualized approach to assessing the human rights risks. The second role for the concept of systemic violations relates to embedded violations, including at the EU’s external borders. We demonstrate the utility of this other invocation, in particular as systemic breaches often signal deeper rule of law issues both within particular national systems and embedded within the Common European Asylum System (CEAS). We illustrate that the CEAS itself brings about systemic human rights violations. Identifying and responding to the “systemic” in asylum increasingly relates to the credibility of the EU as a Union based on the respect for fundamental rights and the rule of law.