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Understanding the realities of protection in a Europe that had failed to manage the crisis in asylum that unfolded in 2015 and 2016 requires a comprehension of how law shapes and distorts refugee protection practices in frontline states. In this collection Vladislava Stoyanova and Eleni Karageorgiou provide an essential cartography of the state of asylum during the crisis. The volume captures four dynamics: the absorption of EU norms in Central and South Eastern Europe; the reaction in this region to the massive movement of asylum seekers in 2015 and 2016; the initiation of normative developments in the area of asylum during and beyond the crisis by the countries in this region; and the question of solidarity.
Understanding the realities of protection in a Europe that had failed to manage the crisis in asylum that unfolded in 2015 and 2016 requires a comprehension of how law shapes and distorts refugee protection practices in frontline states. In this collection Vladislava Stoyanova and Eleni Karageorgiou provide an essential cartography of the state of asylum during the crisis. The volume captures four dynamics: the absorption of EU norms in Central and South Eastern Europe; the reaction in this region to the massive movement of asylum seekers in 2015 and 2016; the initiation of normative developments in the area of asylum during and beyond the crisis by the countries in this region; and the question of solidarity.
Central and Eastern European Issues in Global Perspective
Editor:
Anna-Mária Bíró
Populism, Memory and Minority Rights is the flagship publication of the Tom Lantos Institute (TLI), a highly-regarded international human rights institute based in Budapest, Hungary. The publication provides a forum for discussion on crucial themes of global and regional importance on the accommodation of ethno-cultural diversity and related normative developments. It introduces TLI’s work in terms of its mandated issue areas, including Roma rights and citizenship, Jewish life and antisemitism, and Hungarian and other national minorities. The theoretical and empirical studies, commentaries, interviews, reports and other documents offer a unique source of information for libraries, research institutes, civil society actors, governments, intergovernmental organizations and all those interested in contemporary normative trends and debates in international minority protection.
Central and Eastern European Issues in Global Perspective
Editor:
Anna-Mária Bíró
Populism, Memory and Minority Rights is the flagship publication of the Tom Lantos Institute (TLI), a highly-regarded international human rights institute based in Budapest, Hungary. The publication provides a forum for discussion on crucial themes of global and regional importance on the accommodation of ethno-cultural diversity and related normative developments. It introduces TLI’s work in terms of its mandated issue areas, including Roma rights and citizenship, Jewish life and antisemitism, and Hungarian and other national minorities. The theoretical and empirical studies, commentaries, interviews, reports and other documents offer a unique source of information for libraries, research institutes, civil society actors, governments, intergovernmental organizations and all those interested in contemporary normative trends and debates in international minority protection.
Addressing Structural Discrimination through the Framework Convention for the Protection of National Minorities and the Racial Equality Directive 2000/43/EC
In
Segregation of Roma Children in Education, Sina Van den Bogaert examines, from the perspective of public international law, how the Framework Convention for the Protection of National Minorities (Council of Europe) and the Racial Equality Directive 2000/43/EC (European Union) have contributed towards desegregation of Roma children in education in Europe. The fields of application
ratione personae and
ratione materiae of both instruments are discussed, as well as their "added value". Sina Van den Bogaert demonstrates that the Framework Convention and the Racial Equality Directive are complementary instruments and formulates useful suggestions for a more effective monitoring and implementation of both instruments in the field of Roma education. This book is the first and only comprehensive scholarly treatment in public international law of the still widespread phenomenon of segregation of Roma children in education.
Addressing Structural Discrimination through the Framework Convention for the Protection of National Minorities and the Racial Equality Directive 2000/43/EC
In
Segregation of Roma Children in Education, Sina Van den Bogaert examines, from the perspective of public international law, how the Framework Convention for the Protection of National Minorities (Council of Europe) and the Racial Equality Directive 2000/43/EC (European Union) have contributed towards desegregation of Roma children in education in Europe. The fields of application
ratione personae and
ratione materiae of both instruments are discussed, as well as their "added value". Sina Van den Bogaert demonstrates that the Framework Convention and the Racial Equality Directive are complementary instruments and formulates useful suggestions for a more effective monitoring and implementation of both instruments in the field of Roma education. This book is the first and only comprehensive scholarly treatment in public international law of the still widespread phenomenon of segregation of Roma children in education.
Reconciling Diversity and Harmonization
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
Reconciling Diversity and Harmonization
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
Language policy can promote stability. For many individuals and groups, language is a key component of identity, and threats to it can raise tensions. Respect for linguistic rights, whilst also considering a state’s need to maintain cohesion, reduces conflict potential. The OSCE High Commissioner on National Minorities promotes functional solutions to such contentious issues, and the Oslo Recommendations regarding the Linguistic Rights of National Minorities address these challenges. This book analyses the components of a balanced legal and policy framework on language use, with a view to preventing conflict. In addition to reviewing the work of the OSCE HCNM in this area, it also draws upon the expertise of other international organisations and leading academics working in this field.
Language policy can promote stability. For many individuals and groups, language is a key component of identity, and threats to it can raise tensions. Respect for linguistic rights, whilst also considering a state’s need to maintain cohesion, reduces conflict potential. The OSCE High Commissioner on National Minorities promotes functional solutions to such contentious issues, and the Oslo Recommendations regarding the Linguistic Rights of National Minorities address these challenges. This book analyses the components of a balanced legal and policy framework on language use, with a view to preventing conflict. In addition to reviewing the work of the OSCE HCNM in this area, it also draws upon the expertise of other international organisations and leading academics working in this field.
The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration
In
What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.
The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration
In
What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.
In
Blurring Boundaries: Human Security and Forced Migration scholars from law and social sciences offer a fresh view on the major issues of forced migration through the lens of human security. Although much scholarship engages with forced migration and human security independently, they have hardly been weaved together in a comprehensive manner. The contributions cover the issues of refugee law, maritime migration, human smuggling and trafficking and environmental migration.
Blurring Boundaries critically engages boundaries produced in the law with the main ideas of human security, thus providing a much-needed novel vocabulary for a critical discourse in forced migration studies.
Blurring Boundaries critically engages boundaries produced in the law with the main ideas of human security, thus providing a much-needed novel vocabulary for a critical discourse in forced migration studies.
In
Blurring Boundaries: Human Security and Forced Migration scholars from law and social sciences offer a fresh view on the major issues of forced migration through the lens of human security. Although much scholarship engages with forced migration and human security independently, they have hardly been weaved together in a comprehensive manner. The contributions cover the issues of refugee law, maritime migration, human smuggling and trafficking and environmental migration.
Blurring Boundaries critically engages boundaries produced in the law with the main ideas of human security, thus providing a much-needed novel vocabulary for a critical discourse in forced migration studies.
Blurring Boundaries critically engages boundaries produced in the law with the main ideas of human security, thus providing a much-needed novel vocabulary for a critical discourse in forced migration studies.
Degrees of Free Movement and Citizenship
Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders.
The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
Degrees of Free Movement and Citizenship
Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders.
The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
Selected Protection Issues Raised by the Second Phase of the Common European Asylum System
Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States.
With a foreword by Professor Hélène Lambert.
With a foreword by Professor Hélène Lambert.
Selected Protection Issues Raised by the Second Phase of the Common European Asylum System
Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States.
With a foreword by Professor Hélène Lambert.
With a foreword by Professor Hélène Lambert.
The Case of South Tyrol and Catalonia
Migration is an increasingly important reality for sub-national autonomous territories characterized by large historical communities or minorities. The diverse claims of these groups, on the one hand, and of new communities arising from migration, on the other, bring complexity to the management of migration issue in the territories.
Migration and Autonomous Territories, edited by Roberta Medda-Windischer and Andrea Carlà, draws on the fields of migration and minority studies, to analyze the challenges associated with the need to reconcile diversity and unity in autonomous territories. The volume compares the cases of South Tyrol and Catalonia, characterized both by the presence of large historical communities and minorities, and significant migration aims, and sheds new light on how sub-national units deal with migration.
Migration and Autonomous Territories, edited by Roberta Medda-Windischer and Andrea Carlà, draws on the fields of migration and minority studies, to analyze the challenges associated with the need to reconcile diversity and unity in autonomous territories. The volume compares the cases of South Tyrol and Catalonia, characterized both by the presence of large historical communities and minorities, and significant migration aims, and sheds new light on how sub-national units deal with migration.
The Case of South Tyrol and Catalonia
Migration is an increasingly important reality for sub-national autonomous territories characterized by large historical communities or minorities. The diverse claims of these groups, on the one hand, and of new communities arising from migration, on the other, bring complexity to the management of migration issue in the territories.
Migration and Autonomous Territories, edited by Roberta Medda-Windischer and Andrea Carlà, draws on the fields of migration and minority studies, to analyze the challenges associated with the need to reconcile diversity and unity in autonomous territories. The volume compares the cases of South Tyrol and Catalonia, characterized both by the presence of large historical communities and minorities, and significant migration aims, and sheds new light on how sub-national units deal with migration.
Migration and Autonomous Territories, edited by Roberta Medda-Windischer and Andrea Carlà, draws on the fields of migration and minority studies, to analyze the challenges associated with the need to reconcile diversity and unity in autonomous territories. The volume compares the cases of South Tyrol and Catalonia, characterized both by the presence of large historical communities and minorities, and significant migration aims, and sheds new light on how sub-national units deal with migration.
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