1,721,277 research outputs found
Still not resolved? Constitutional challenges to the European arrest warrant: A look at challenges ahead after the lessons learned from the past
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La mise à l'écart des étrangers. (1/2)
No full textSouvent présenté comme un simple instrument technique facilitant la libre circulation des individus à l'intérieur de l'espace Schengen, le visa est en fait un moyen de discriminer entre les ressortissants de certains pays non soumis à visa, et ceux obligés de faire la preuve au consulat qu'ils ne sont pas indésirables. la police des étrangers se fait dés lors de moins en moins aux frontières, par des policiers, et de plus en plus en amont, à distance, dans les pays d'origine. A cette situation s'ajoute la non-harmonisation des modalités d'attribution des visas au sein même de l'U.E. Often presented as a mere technical tool facilitating the free circulation of individuals within the Schengen space, the visa is in fact a means of discrimination between nationals from countries not covered by the visa, and nationals obliged to prove at consulates that they are not unwanted. The policing of immigrants is hence now less and less carried out at borders by policemen or border guards. It is more often carried out before the borders are reached, at a distance, in the country of origin by consular agents and attachés of internal security. European collaboration was to harmonise the rules governing the attribution of the visa. But the non-coincidence between the Schengen space and the European Union, the power struggles between the member states and the European Commission, but also differing legal interpretations, produce adverse effects. Indeed, the quest for unity as well as for a clear demarcation between the inside and the outside allowing for an efficient management of migration seems to be a failure. The result is a heterogeneous device, varying locally depending on the practices of local consulates. Through the latter, exchanges of information on individuals flow through an astonishing legal void that does not provide for the protection of the liberties of visa applicants
The Area of Freedom, Security and Justice ten years on: Successes and future challenges under the Stockholm Programme. CEPS Paperbacks. June 2010
Full text linkThis book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice.
Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU’s AFSJ
Irregular Migration, Trafficking and Smuggling of Human Beings: Policy Dilemmas in the EU. CEPS Paperback, 22 February 2016
Full text linkThe expert contributors to this edited volume, representing a multidisciplinary selection of academics, examine the treatment of irregular migration, human trafficking and smuggling in EU law and policy. The various chapters explore the policy dilemmas encountered in efforts to criminalise irregular migration and humanitarian assistance to irregular immigrants. The book aims to provide academic input to informed policy-making in the next phase of the European Agenda on Migration.
In his Foreword, Matthias Ruete, Director General of DG Home Affairs of the European Commission, writes: “This initiative aims to stimulate evidence-based policy-making and to bring fresh thinking to develop more effective policies. The European Commission welcomes the valuable contribution of this initiative to help close the wide gap in our knowledge about the smuggling of migrants, and especially the functioning of smuggling networks.
The quest for absolution and immunity
No full text© 2018 selection and editorial matter, Elspeth Guild, Didier Bigo and Mark Gibney; individual chapters, the contributors. The 2002–2009 US government’s global kidnap, secret detention programme and the use of so-called ‘enhanced interrogation techniques’ during the period of secret detention has been largely discussed and detailed since it was revealed. The impressive list of documents and data, as well as internal and public justifications used by the Bush administration to cover one of the United States’ most controversial and noxious operations, have been thoroughly disclosed and analysed not only by NGOs and investigative journalists but also through European and American official inquiries and academic research networks such as the George Washington University’s National Security Archive and the UK Economic and Social Research Council-funded collaborative Rendition Project. Amidst the disturbing discovery of such a secretive CIA-led extraordinary rendition and detention programme, the controversy around whether or not enhanced interrogation techniques constitute cases of torture, as defined by international law, rapidly became a very heated and central topic among human rights legal practitioners and scholars
Social Benefits and Migration: A Contested Relationship and Policy Challenge in the EU. CEPS Paperbacks. September 2013
Full text linkFollowing the financial crisis that commenced in 2008, the relationship between migration and social benefits has become increasingly contested in a number of large EU member states. The Eastern expansion of the EU in 2004 and 2007 has added a new dimension to the relationship. Concerns have spread across a number of member states about the 'costs' and 'financial burdens' of migration and intra-EU mobility and there have been calls for restrictions of existing EU rights and freedoms in the areas of EU free movement, social security coordination, asylum and migration laws
Rethinking the Attractiveness of EU Labour Immigration Policies: Comparative perspectives on the EU, the US, Canada and beyond
Full text linkIs Europe's immigration policy attractive? One of the priorities driving current EU debates on labour immigration policies is the perceived need to boost Europe's attractiveness vis-á-vis 'talented' and 'highly skilled' immigrants. The EU sees itself playing a role in persuading immigrants to choose Europe over other competing destinations, such as the US or Canada.
This book critically examines the determinants and challenges characterising discussions focused on the attractiveness of labour migration policies in the EU as well as other international settings. It calls for re-thinking some of the most commonly held premises and assumptions underlying the narratives of ‘attractiveness’ and ‘global competition for talent’ in migration policy debates. How can an immigration policy, in fact, be made to be ‘attractive’ and what are the incentives at play (if any)?
A multidisciplinary team of leading scholars and experts in migration studies address the main issues and challenges related to the role played by rights and discrimination, qualifications and skills, and matching demand and supply in needs-based migration policies. The experiences in other jurisdictions such as South America, Canada and the United States are also covered: Are these countries indeed so ‘attractive’ and ‘competitive’, and if so what makes them more attractive than the EU?
On the basis of the discussions and findings presented across the various contributions, the book identifies a number of priorities for policy formulation and design in the next generation of EU labour migration policies. In particular, it highlights important initiatives that the new European Commission should focus on in the years to come
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