Página 1 dos resultados de 8 itens digitais encontrados em 0.014 segundos

The Extra-Territorialisation of EU Migration Policies and the Rule of Law

RIJPMA, Jorrit J.; CREMONA, Marise
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: 346016 bytes; application/pdf; digital
Português
Relevância na Pesquisa
86.07%
This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have been put to use in order to project EU migration policies beyond the EU legal order, or more precisely to locate the physical control of migration outside EU territory. It categorises different types of extra-territorialisation, ranging from autonomous action by the Community, including Community action which requires third country cooperation, to action by way of international agreements and cases where third countries undertake to align their domestic law with the Community acquis. Starting from the prominence accorded to the rule of law in the EU’s external policy, this paper examines an external dimension of the rule of law which goes beyond the desire to promote this value outside EU territory, and its application to the external dimension of the EU’s migration policy. It highlights challenges for the rule of law posed by the increasing phenomenon of extraterritorialisation in EU migration policy. Practical examples taken from the EU’s visa policy and operational cooperation in the field of external border control serve to support the argument that if the EU is to continue the use of extra-territorialisation as an instrument of its migration policy it must address seriously the issue of ensuring a concomitant extra-territorialisation of the rule of law...

EU External Action in the JHA Domain: a legal perspective

CREMONA, Marise
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
45.75%
Since the Conclusions of the European Council on the Area of Freedom, Security and Justice (AFSJ) at Tampere in 1999 the Union has recognised the significance of the external dimension to this policy field, and over the last decade the Union’s activity in this field has both intensified and broadened to include not only migration, border management and asylum but all aspects of the AFSJ, ranging from counter-terrorism to civil procedure. Although the scope of external action reflects the fragmentation of the subject matter and the AFSJ lacks an easily identifiable policy objective, there are ways in which we can identify certain common elements in the approach to external AFSJ policy, in particular in managing the relationship between different actors. This paper seeks to explore some of these distinctive elements; its purpose is to set out some of the particular legal features of external AFSJ policy. First, to examine the basis for and the scope of external competence given that there is no explicit provision in the EC Treaty for external action in the field. Second, the legal implications of the inter-pillar nature of the AFSJ: the consequences this has for the types of instrument available to the Union and the legal constraints imposed by the need to ‘police’ the boundary. And finally the paper explores the relationship between Union / Community action and Member State action: the possibility of exclusive Community competence...

Reaching out : the external dimension of the EU’s migration policy : a comparative study on India and Australia

EISELE, Katharina; WIESBROCK, Anja
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
Português
Relevância na Pesquisa
65.94%
This paper seeks to examine the external dimension of the EU’s migration policy by concentrating, first, on the EU’s legal framework in the area of migration followed by an analysis of the policy developments under the GAMM. In a second step, this paper depicts the EU relations with India and Australia, respectively, in terms of migration matters with a view to explore how the EU has defined its current positions towards these two third countries in form of a comparative case study. India and Australia have been selected for an analysis because the migration flows prevailing in each state vary and the level of economic development differs notably. While Australia has always been an immigration country and maintains traditional ties with the European continent, India has only recently emerged as a major country of emigration to the EU. Yet, the EU constitutes a major partner for both countries. Finally, some conclusive remarks are made on the diverging migration rules for third-country nationals from India and Australia.; CARIM-India: Developing a knowledge base for policymaking on India-EU migration; CARIM-India is co-financed by the European University Institute and the European Union

Building Borders: The regulatory framework for the management of the external borders of the European Union

RIJPMA, Jorrit J.
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
Relevância na Pesquisa
65.76%
Defense date: 23/11/2009; Examining board: Marise Cremona (EUI, Supervisor), Bruno de Witte (EUI), Jörg Monar (College of Europe), Steve Peers (University of Essex); This thesis, starting from the premise that territorial borders retain their importance in public international law, examines in detail the EU's regulatory framework for the management of its external borders. It will argue that there are in fact two sets of external borders: those of the area in which the rules on the free movement of persons apply, and those of the Schengen area. The border crossing rights under the two corresponding sets of rules will be examined in detail. The focus will then shift to the broader Schengen rules for the management of the external borders. The thesis will discuss the rationale of the EU's interest in borders, the legislative acquis adopted, and the relation between legislation and executive action. An elaborate discussion on the organisation and functioning of the "European Border Agency" (Frontex) serves to illustrate the importance of operational cooperation in this area. A final chapter will look at the external dimension of this policy field. A distinction is made between the relations with third countries for the purpose of managing the external borders and the exportation of Community standards. Also in the external sphere...

Bringing EU Migration Cooperation to the Eastern Neighbourhood: Convergence beyond the acquis communautaire?

HERNÁNDEZ I SAGRERA, Raül; KORNEEV, Oleg
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
Português
Relevância na Pesquisa
105.92%
The European Union (EU) external cooperation in the migration field has been mostly developed in Eastern Europe. Indeed, the EU migration cooperation with Russia and Eastern Partnership countries has so far had outcomes in the issue areas of readmission, visas, border management and even labour migration. Policy Tools such as readmission agreements, visa facilitation agreements, FRONTEX working arrangements and Mobility Partnerships are being implemented gradually to the whole East European countries. Some of them have even been proposed to Belarus, a country with no contractual relations with the EU. Being this the state of affairs, this paper's objectives are twofold. Theoretically, it challenges the widespread assumption in the literature that the EU only seeks to Europeanise its neighbourhood, claiming that it also promotes international norms and the conclusion of agreements with third countries. Empirically, it analyses the evolution of the adoption of the policy tools mentioned above in the whole of the Eastern Partnership countries, in order to provide an account of the EU migration cooperation in the area. Special attention is paid to the role that other international actors - namely the International Organisation for Migration - play in the EU cooperation with Eastern Europe.

The legal dimension of the migration-development nexus in the European Union policy framework

SILGA, Janine
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
Relevância na Pesquisa
75.89%
Examining Board: Professor Bruno de Witte, European University Institute/Maastricht University (Supervisor) Professor Marise Cremona, European University Institute Professor Vincent Chétail, Graduate Institute of International and Development Studies, Geneva Doctor Georgia Papagianni, European External Action Service, Brussels.; Defence date: 5 September 2013; This thesis enquires into the legal dimension of the Migration-Development Nexus (MDN) within the policy framework of the European Union (EU). Departing from the observation of the paradoxical absence of more legal analyses of this notion in the current context, this research aims at defining the contours of the MDN as both a policy and legal notion. In particular, this thesis looks at the evolution of the notion and its various meanings in the EU policy context. This analysis reveals the existence of different policy practices to implement the MDN, whether at the supranational or national level. By examining such practices, I intend to show that the way in which the MDN is conceptually framed and concretely implemented is influenced by competing 'policy logics’ underlying the understanding of the nexus by different policy actors. The aim of such an analysis is to identify ways for genuine policy integration of both migration and development in the EU context. To achieve this purpose...

Framework for Economic Development in EU External Relations

Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
Português
Relevância na Pesquisa
45.94%
This Working Paper is a collection of contributions presented during the Workshop "Framework for Economic Development in EU External Relations on 22nd and 23rd January 2010. The contributions explore various facets of what is known as economic development and what with time has incorporated many new aspects and developed links with other policy fields. Starting off with the traditional realm of the development policies – trade – the paper shifts to explore how the solely economic notion of development has been enhanced through the introduction of the concept of sustainable development, and how this concept was integrated into two policy areas – that of migration and human rights. Each of the contributors provides an in-depth analysis of a respective facet which build up a very complex picture of what economic development in EU external relations has become.; INTRODUCTION PART 1: ECONOMIC ASPECTS OF DEVELOPMENT EU Preferential Rules of Origin Regimes in FTAS with Developing Countries: Differential treatment and the limits of regional harmonisation Does the EUI Competition Law Model Satisfy the Needs of the Emerging Economies? Lessons from the countries without a "carrot" PART 2: SUSTAINABLE DEVELOPMENT Sustainable Development and the EU: The concept of sustainable development in the Cariforum EPA External Dimension of Sustainable Development and its Impact on EU-MERCOSUR Relations PART 3: DEVELOPMENT AND MIGRATION Shifting Perspective on the Migration and Development Nexus in the EU: From the migration management approach to the development paradigm of mobility? A Critical Appraisal of the EU's Global Approach to Migration (GAM): A useful policy-making instrument in the EU-MENA context? PART 4: DEVELOPMENT AND HUMAN RIGHTS EU Approach to Human Rights and Development Nexus– Imitating or innovating the international approach

The External Dimension of the European Union's Area of Freedom, Security and Justice

Fonte: P.I.E. Peter Lang Publicador: P.I.E. Peter Lang
Tipo: Livro
Português
Relevância na Pesquisa
76.01%
During the last decade the rapid growth of justice and home affairs as an internal policy making domain of the European Union has led to the Union emerging as an increasingly important international actor in this field. This book covers the institutional and legal framework of the external dimension of EU justice and home affairs; issues of policy interaction as well as specific challenges; policy responses and results in the fields of migration policy; judicial cooperation; counter-terrorism; and cooperation with major international partners. Taking into account the changes introduced by the Treaty of Lisbon as well as the priorities set by the 2010-2014 Stockholm Programme the book provides an in-depth exploration of the political and legal dynamics of a major new dimension of the EU.; Pérez Rubalcaba: Preface Sara Poli: The Institutional Setting and the Legal Toolkit Marise Cremona: EU External Action in the JHA Domain. A Legal Perspective Sandra Lavenex: Channels of Externalisation of EU Justice and Home Affairs Panos Koutrakos: The External Dimension of the AFSJ and Other EU External Policies. An Osmotic Relationship Bart Van Vooren: The Principle of Pre-emption after Opinion 1/2003 and Coherence in EU Readmission Policy Jean-Pierre Cassarino: Resilient Bilateralism in the Cooperation on Readmission Conny Rijken: The External Dimension of EU Policy on Trafficking in Human Beings Valsamis Mitsilegas: The European Union and the Implementation of International Norms in Criminal Matters Horatia Muir Watt: Recent Trends in Private International Law. The European Union and Third States Jan-Jaap Kuipers: The Exclusive External Competence of the Community under Article 81 TFEU. Lugano re-opened? Piet Eeckhout: Kadi and the EU as Instrument or Actor. Which Rule of Law for Counter-Terrorism? Monica den Boer: Soft...