70 research outputs found
Insiders, Outsiders and the Limits of Analogous Interpretation in the ECJ Case Law
No full textAmong the many EU law doctrines, none remains as largely uncontroversial as the fundamental normative division between us, the EU citizens at the centre of the legal order and the others, non-EU migrants. Next to the Treaty framework and the different legal bases for free movement of persons and migration, the case law of the Court of Justice of the EU has been central in sustaining the dividing line between the insiders and outsiders of EU law. In this chapter I suggest that while the overall framework regulating the rights of EU and non-EU migrants is different, there are specific areas where the rights attributed to both serve the same purpose and function. In such cases, resolving disputes by emphasizing the differentiation between EU and non-EU migrants amounts to a fictitious construction, rather than a justification based on the interpretation of EU law. To show this the analysis focuses on family reunification and examines how the Court has addressed the relation between the Family Reunification Directive and the Citizens’ rights Directive. Without challenging the vision of EU law that the Court has on the special status of EU citizenship, rather accepting it as the starting point of the analysis, the chapter highlights the inconsistencies in the Court’s case law and argues for a different interpretation on textual, systematic and teleological grounds
Introduction: Rationale and criteria for a normative assessment of the reasoning of the Court of Justice of the EU
No full textNotes on the Political Economy of Green Transition: A conversation with Ioannis Kampourakis
No full textThis article presents a conversation with Dr. Ioannis Kampourakis, Associate Professor of Law and Markets at Erasmus University Rotterdam, as part of Lund University’s Screening for Sustainability project. Kampourakis’ research explores the political economy of the green transition, focusing on how markets can be deliberately designed and steered—what he calls ‘market instrumentalism’—to achieve sustainability goals. Drawing on Kampourakis’ research, Dr. Alezini Loxa and PhD candidate Mahesh Menon enter into a conversation about the political economy of green transition with a focus on the European Green Industrial Policy. They discuss with Kampourakis about the changing role of law in relation to state capitalism, the potential for democratic control over the green transition, the challenges that arise for countries in the Global South as well as the recent political backlash both in the EU and in the US to sustainability related policies
Sustainability and EU Migration Law : Tracing the history of a contemporary concept
No full textSustainable migration is the new objective of the EU migration policy. But what does this mean in terms of legal design? What instruments should be put in place to achieve it? And most importantly what does it imply for migrants’ rights? While sustainability has attracted scholarly attention in law and politics already since the 1990s, sustainable migration is an extremely understudied topic with no conclusive research carried on the matter. The book traces the history of sustainable migration in EU law, demonstrates its limitations and potentials and puts forward concrete proposals on how EU migration law should develop in the future
Complementary Pathways: Pledging Protection at the Edges of EU Law
No full textIn September 2020, the EU Commission published the New Pact on Migration and Asylum in order to offer ‘fresh start’ for EU migration law and policy. Complementary pathways for admission to EU territory were among the proposals set out in the Pact. This article takes stock of the different measures suggested by the Commission to create such complementary pathways. It suggests that the aim of creating complementary pathways remains to a large extent declaratory, it is devised in discretionary operational measures with loose grounding in EU law, and reproduces systemic deficiencies that have characterized EU asylum law in the past decades
International Human Rights Commitments to Protect Victims of Domestic Violence: Refugee recognition as the first step for an integrated approach under EU law in Case C-621/21, Intervyuirasht organ na DAB pri MS (Women victims of domestic violence)
No full textThe judgment by the Grand Chamber of the Court of in Case C-621/21 Intervyuirasht organ na DAB pri MS case has already attracted significant attention for the finding of the Court that women victims of domesticviolence can be considered as members of particular social group for the purposes of recognition of refugee status. This case note presents the the facts of the case and analyses reasoning of the Court. It highlights theimportance of the case both for its outcome, which has already guided subsequent findings of the Court on the refugee status of women of Iraqi origin identifying with the values of the EU, but also for placing theinternational human rights commitments of both the EU and its Member States at the core of the reasoning. At the same time, some contentious points of the judgment are also raised. These relate to the ‘hiding’ of theECtHR case-law in the reasoning of the Court and to the fragmented way in which international human rights obligations towards victims of domestic violence appear in other areas of EU law and case-law
The ELMC: Moot, meet, compete and become the person your first-year-law-student self could not even dream of
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