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EU Policies on Migration and Asylum

Selected e-articles

Abstract: Studies on the patterns of voting in EP have been consensually assuming that despite the predominance of the great coalition occurrence, ideology has been a driver for voting preferences of EP party groups. Relying on the presumptions that a growing politicisation of migration, and the refugee in particular, has been happening in Europe in the last decade, and that Europeanisation processes generate the uploading of policy preferences from the national to the supranational levels in the EU polity, and relying on a comparative politics approach, this research aims to assess if there's been a contagion effect of the populist right in the mainstream EP political groups regarding migration issues. Based on roll call votes empirical analysis, this advances signs of the creation of a pro-security grand coalition comprising centre-left, centre-right and right in asylum issues (...).

Abstract: While the EU's external migration policy arguably constitutes the most dynamic strand of EU migration policy, especially since the 2015/2016 asylum crisis in Europe, and while there is also a growing body of research on this dimension, more comprehensive, conceptually informed social science publications analysing this policy area in a more encompassing fashion are scarce. In an attempt to make progress on this front, this special issue focusses on four sets of issues: (1) conceptualising EU external migration policy; (2) identifying the drivers and conditioning factors of EU policy; (3) analysing interdependencies and interactions between different policy areas and instruments; and (4) tracing the influence and reactions of third country actors and non-European host countries of migration. After describing key developments and aspects of EU external migration policies over time and after reviewing the state of the art in research on EU external migration policy, the key contributions of the individual papers are identified and contextualised.

Abstract: Periods of forced migration to and in Europe have been common in the past decade and show no expectation of stalling due to ongoing armed conflicts, global inequalities and the adverse effects of climate change. Nevertheless, the provision of accommodation for asylum seekers and refugees continues to depend on temporary, ad hoc solutions. In the context of housing financialisation and shortage of affordable housing across European cities, this decreases opportunities for integration and securing other needs, such as jobs, language acquisition and childcare, but increases the risk of refugee homelessness and social exclusion (...).

Abstract: The European Union Agency for Asylum has emerged as an important actor in the Common European Asylum System in the past few years. In this article, we explore how the agency engages in capacity-building by looking at the development of bureaucratic instruments. We deploy the theoretical framework of instrument constituencies to investigate the agency's development of instruments around resettlement. In relation to the literature on European migration management, deploying the theoretical framework of instrument constituencies is a novel approach (...).

Abstract: 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 (...).

Abstract: What preferences do people have for cross‐country cooperation on irregular migration and refugee protection? Existing research improves our understanding of how voters react to large‐scale inflows of asylum seekers, like those experienced by European countries in 2015–2016, and the type of asylum seekers and policies preferred by European citizens. We know less, however, about people's views concerning a particular European Union (EU) response to the so‐called ‘refugee crisis’, namely the cooperation with Turkey in March 2016 to stem inflows of asylum seekers and other migrants (...).

Abstract: Six ans après l’épisode de la crise migratoire de 2015 qui s’était soldé par un marchandage contesté entre l’Union européenne et la Turquie pour contenir l’afflux de réfugiés en provenance de Syrie, une nouvelle crise a éclaté cet automne 2021, cette fois aux portes de la Pologne, alimentée par les autorités biélorusses en guise de riposte aux sanctions européennes à leur égard. Alors que dans de nombreux pays européens, les partis populistes gagnent du terrain et assoient leurs arguments sur la lutte contre l’immigration et l’islamisme auquel ils l’associent, les questions migratoires prennent une place croissante dans les débats publics — à droite comme à gauche de l’échiquier politique. Et dans ces débats, il n’est pas rare que les pourfendeurs de l’immigration pointent la responsabilité de l’Union européenne.Or, comme le montre cette chronique, les choses ne sont pas si simples. Certes, l’Union européenne a favorisé la libre circulation des personnes au sein de l’Union, et donc les migrations intraeuropéennes (répondant aussi, de la sorte, à de réels besoins de main-d’œuvre des États membres les plus développés). Mais la gestion des flux migratoires en provenance de pays extérieurs et l’intégration des migrants relèvent des politiques nationales ; chacun a donc sa partition à jouer en la matière : à l’Union européenne de faire en sorte de disposer d’une politique migratoire efficace, concertée et ne faisant pas porter toute la charge sur les États membres situés à ses frontières extérieures ; et aux États de revoir leurs politiques nationales d’intégration pour ne pas faire le jeu des extrêmes de tous bords.

Abstract : This article provides new empirical insights on the external dimension (ED) of European Union (EU) migration and asylum policies (MAPs) as a case of securitization, by mapping its policy tools across time and space. More specifically, the goal of the article is two-fold. It engages into a new mapping exercise that enables an understanding of how ‘geographically spread’ the ED of EU policies on migration and asylum is, as well as providing insights into ‘where’ and ‘what’ the EU has externalized in the last twenty years. Second, it assesses to what extent the number, type and distribution of ED policy tools reflect dynamics of the securitization of migration and asylum. The article builds upon the literature on securitization and externalization, looking at it afresh by adopting a perspective focused on policy tools. Empirically, the analysis is based upon a new comprehensive database containing data on 153 ED tools according to their characteristics and regions. The article argues not only that policy tools characterize the ED as a further feature of the securitization of migration, but also that externalization through practices of securitization has not been limited to the EU immediate borderlands but has rather spilled over across regions and frontiers. Externalization; migration policies; securitization; policy tools; border control; return and readmission; asylum.

Abstract: Motivation In European policy debate, conflict, economic crisis, lack of development, population growth, and climate change are often seen as the root causes of migration from Africa. To deter irregular migration to Europe, aid has thus been directed towards these perceived causes. This seems, however, not to deter irregular migration. Purpose We explore the discrepancy between the official discourse of root causes and insights from research on migration decisions; and how discourse and evidence relate to aid. We ask what kind of policy change is needed if aid is possibly used to influence irregular migration. We focus on the motivations and drivers of migration and how development co‐operation may influence these. Methods and approach Considering African migration to Europe, we examine the official European discourse on root causes of irregular migration, highlight recent developments in the academic understanding of migration aspirations and drivers, and investigate various attempts to analyse the impact of foreign aid on assumed “root causes” and migration (...).

Abstract: Most research on the social policy–migration control link focuses on indirect control, that is, denying access to welfare. This article instead draws attention to how welfare institutions are made directly involved in migration control through duties to report certain categories of migrants to migration authorities. We ask how these obligations are put into practice and how local governments shape this process. In so doing, we place special emphasis on local organisational fields – that is, the close horizontal connection between public and non-public actors involved in basic needs provision. The article builds on exploratory research across four German cities, drawing on 61 interviews conducted in 2019–2020 with welfare actors catering to basic needs (housing/shelter, healthcare, social assistance, social counselling) and document research. Based on this, we, first, explore patterns of reporting practices and provide a typology of different responses, ranging from elaborate circumvention strategies to over-compliance. Second, we analyse the domino effects of reporting obligations, namely how welfare actors that are exempted from reporting adopt their practices too, with consequences both for migrants' welfare access and for other authorities' ability to report. Finally, we discuss how local governments can shape reporting practices, demonstrating how some cities actively sanction circumvention strategies. The last part identifies venues for further research.

Abstract: Cet article se fonde sur deux constats statistiques et propose un nouveau prisme d’analyse pour les études migratoires. Le premier de ces constats est que la France, comparée à d’autres grands pays européens, attire moins d’étrangers, qu’ils soient citoyens européens ou non. Cette tendance est stable durant les deux dernières décennies. Le deuxième constat est celui d’une « exception française » de nature administrative, qui demeure peu connue : la France délivre le plus grand nombre d’Obligations à quitter le territoire (OQTF) de toute l’Europe. À partir de ces deux constats, nous lançons un débat sur les indicateurs internationaux « d’attractivité » migratoire : puisque des pays ayant la même proportion d’étrangers peuvent avoir des comportements très différents à leur égard, nous plaidons pour l’introduction d’un indicateur de « répulsivité ».

Abstract: In 2015 refugee crisis, Hungary’s strict border controls and legal reforms drew international criticism, straining EU relations. This article employs the qualitative legal historical methodology to investigate the historical dynamics underpinning Hungary’s shifting refugee policies. The analysis uncovers a significant shift in Hungary’s approach to refugees. Following World War I, the Trianon agreement, which led to territorial loss and population displacement, posed migration challenges that Hungary addressed on a case-by-case basis. Furthermore, after 1989, Hungary aligned its legal systems with international standards. It ratified the 1951 Refugee Convention, marking the first official regulation of refugees under Decree 101. In 2007, upon EU accession, Hungary enacted the Asylum Act 2007, aligning it with the Dublin regulation and relevant EU directives, which formed the foundation for refugee crisis legislation in 2015. The study also examines the 2011 constitutional amendment, indirectly creating sociocultural barriers between Hungarian society and refugees.

Abstract: This paper examines whether multilevel transnational cooperation makes a difference in refugee protection, especially in protracted displacement. In response to the forced migration of millions of Syrians to Turkey starting in 2011, the EU and Turkish government published a joint statement in March 2016. The so-called EU-Turkey deal (EUTD) provided a substantial flow of money (EUR 6 billion in four years) from the EU to Turkey. In return Turkey had to commit to contain and control migration movement toward the EU. In social science, there are quite diverse evaluations of the EUTD. Whereas some studies focus on its effectiveness and efficiency in reaching the outlined goals, other publications stress its geo-political effects on migrants’ mobility and (externalized) border control. Meanwhile some studies look for points to improve the EUTD while others criticize it fundamentally. This article analyzes the involvement of different types of international governmental and non-governmental organizations (IGOs and INGOs) in the four main action fields of the EUTD and its implicit side effects on the Turkish regime of migration management. It first summarizes some crucial findings and pending questions in the social science literature. (...).

Abstract: In an unexpected turn of events, Council Directive 2001/55/ EC and the status of temporary protection became an inevitable choice of the EU when dealing with the largest displacement of individuals since World War II. What was once believed to be a forgotten reminiscence of the past within the Common European Asylum System stands now at the heart of the EU’s response to the mass influx caused by the Russian aggression in Ukraine (...)..

Abstract: The determination of asylum seekers’ nationality, or lack thereof, is a key component of assessments of applications for international protection, and can prove difficult when asylum seekers do not submit any valid identity or travel documents, or are stateless or at risk of statelessness. This article investigates how nationality status determination is relevant and how it is regulated in the Common European Asylum System (CEAS) and in the ‘New Pact on Migration and Asylum’ (the Pact), that is currently under negotiation in the European Union (EU). Under the CEAS, the determination of nationality is not only critical to assessing whether the applicant qualifies for international protection, but can also determine the type of procedure through which their application is examined, and accordingly the level of procedural guarantees to which they are entitled. Under the Pact, with the introduction of a pre-entry screening and the obligation to process asylum applications lodged by individuals from countries with low recognition rates through border procedures, the determination of the applicant’s nationality becomes even more critical (...).

Abstract: The rapid spread of COVID-19 in Europe has led to the further deterioration of the crisis concerning the application of the provisions of European Union (EU) asylum law in most Member States. Accordingly, this article aims to shed light on the impact that the health emergency is having on the Common European Asylum System (CEAS). This requires a twofold legal analysis. First, the article discusses whether health emergencies, like that caused by COVID-19, should affect the scope of States' obligations stemming from the CEAS, such as the principle of 'non-refoulement' and access to asylum procedures. In this connection, it reviews, in light of international law obligations and the EU border control regime, the policy responses and legislative measures adopted by EU Member States during the first few weeks of the pandemic that resulted in the closure of borders to asylum seekers (...).

Abstract: This article explores the significant evolution of Morocco's migration policy, from a security-based approach to a more humanist and inclusive perspective. Focusing on the dynamics of migration policies, it analyzes the transformation of Morocco's position towards migratory flows. The analysis looks at the successful cooperation between Morocco and the European Union (EU) on migration management, highlighting the importance of readmission agreements and the Rabat intergovernmental dialogue.The article highlights Morocco's clear desire to play a regional leadership role in migration management, moving away from a purely security-based approach to one that is more inclusive and humanistic. Morocco's growing commitment to regional cooperation to address the challenges of migration testifies to its desire to build a future where migrants' rights are respected, while recognizing the importance of regional stability. This evolution of Morocco's migration policy is of particular importance in a global context where migratory movements pose complex challenges, but also opportunities in terms of sustainable development and international cooperation.

Abstract: The re-establishment of border controls in the Schengen Area since 2015 and repeated contestation of the Common European Asylum System have made the policy sector of migration and asylum a topic of growing importance for European (dis)integration research. This article investigates differentiated disintegration and the factors that facilitate member states’ counter-projects to core-EU integration trajectories. Drawing on the concept of policy entrepreneurship and based on an analysis of policy documents, we use the case of Austria to examine how the government coalition, the Austrian People’s Party, and their chairman, Sebastian Kurz, have shaped European governance of asylum and borders in the aftermath of the 2015–2016 crisis. We first show how the Austrian government performed a shift towards bilateralism and multilateralism outside the EU framework by using transnational party alliances. Second, we outline a policy discourse that justified Schengen-internal bordering based on asylum politics, which eventually served to delegitimize Schengen’s enlargement in 2022. The article contributes conceptually to understanding differentiated disintegration in the sector of migration and asylum, and points to potential drivers of this development.

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