Introduction: EU external migration policy and EU migration governance: introduction

Niemann, Arne; Zaun, Natascha

doi:10.1080/1369183x.2023.2193710

Cited by 20 publications

(3 citation statements)

References 87 publications

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“…At the same time, the findings by modern scholars demonstrated that refugees with full access to educational services and professional support have great potential for the country in which they are actively working (Korolova et al, 2022;. Thus, the results of modern scholars also reveal current trends in the study of mechanisms for regulating refugee status and its protection (Niemann & Zaun, 2023). Thus, this comprehensive discussion reflects the current practical solutions used in modern countries.…”

Section: Discussionmentioning

confidence: 73%

Exploring Legal Dynamics in Contemporary Migration with a Focus on Refugee and Migrant Rights

2024

Futurity Economics&Law

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The phenomenon of migration poses a pressing quandary within the context of the global legal framework, heightened by persistent political instability and the repercussions of climate change. These factors compel a significant populace to seek alternative habitats, where they encounter varying degrees of success in the process of societal integration. The purpose of the article was to explore the legal aspects of migration processes in the modern world viewed through the lens of delineating the rights of refugees and migrants. With the use of rigorous scientific methods such as content analysis and comparison, this study elucidated the fundamental aspects of the migration dilemma. It demonstrated that the development of sound migration policies is of paramount importance in navigating this complex terrain. While initial international resolutions made general declarations, contemporary conventions provide detailed frameworks that, alongside national laws, establish the foundation for the assimilation of non-citizens into host societies. It was demonstrated that the increase in the number of migrants and displaced persons has led to a more detailed legal framework. While the initial international resolutions, such as those from the United Nations, primarily took a declarative stance, contemporary conventions exhibit a significantly more detailed approach. In conjunction with the legal norms of individual nations, these modern frameworks establish the foundation for the assimilation of recently arrived non-citizens into their host society. The results pointed out that this process took place according to the scheme of considering international standards and conventions on the migrants' and refugees' rights protection, which become the basis for the development of relevant provisions of national legislation. Consequently, in order to address migration comprehensively, the findings underscored the need to promote inter-state legal cooperation. The global community can progress towards achieving a fairer and more sustainable resolution of migration challenges by embracing a framework centered on inter-state legal cooperation. In addition to highlighting the current state of the law, the study argued for the development of innovative solutions to address the complexity of migration in the interconnected world.

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Section: Discussionmentioning

confidence: 73%

Exploring Legal Dynamics in Contemporary Migration with a Focus on Refugee and Migrant Rights

2024

Futurity Economics&Law

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“…Results depend on agreement on and implementation of the proposals, despite the EU's comprehensive crisis response being obvious. Asylum-seeker rights are overshadowed by measures to curb immigration, which take precedence over equitable distribution and underlying cause analysis [6].…”

Section: Manuscript European Policies and High Influx Of Refugeesmentioning

confidence: 99%

Refugee Policy in Europe

2023

PSI

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This review article investigates the migration boom of 2015–2016 and highlights EU asylum vulnerabilities. Although it pursues centralisation, the planned Dublin IV raises questions. The use of human rights terminology by Frontex as a means of control shows informal externalisation. Migration restrictions take the stage in crisis management. Research conducted in collaboration reveals Europe's desire for a regulated refugee policy. Laws in Latin America differ from those in the EU in meaningful ways. Defying the Common European Asylum System (CEAS), Finland's crisis reaction demonstrates political and Europeanization tendencies that go beyond Zaun's theory. By highlighting the interaction of national viewpoints, politics, and Europeanization in forming refugee policy, the study advances knowledge of CEAS.

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“…Niemann and Zaun argue that "the EU often uses conditionality to either force or incentivise third countries to alter their own approach to migration" (Niemann andZaun, 2023, p. 2976). The MOCADEM makes negative conditionality a key aspect of the external dimension of EU migration policy and, therefore, of EU international cooperation with third countries.…”

Section: Frontiers Inmentioning

confidence: 99%

Informal agreements and quasi-legal mechanisms in EU-Africa cooperation on migration: how the EU takes advantage of the GCM commitments

Frasca

2023

Front. Hum. Dyn.

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Soft law plays an increasing role in EU external migration law, particularly in the context of EU-Africa cooperation on migration. A legal-analytical inquiry into the formats and functions of soft law, based on the example of EU-Africa cooperation on migration, reveals that the EU preference for soft law is functional to achieve the EU's own migration objectives in Africa, namely preventing and containing irregular migration, rather than facilitating mobility, as envisaged in the UN Global Compact for Migration. This article presents and discusses the formats of soft law in EU-Africa cooperation, distinguishing between informal agreements and quasi-legal mechanisms for cooperation, and their respective para-law and pre-law functions. It then suggests that while informal agreements set the broad objectives of international cooperation and prepare the ground for legal changes in third countries, quasi-legal mechanisms for cooperation guarantee their implementation. Their combined effects ignite broader processes of domestic reforms in the African States through a technique of legal influence.

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Introduction: EU external migration policy and EU migration governance: introduction

Cited by 20 publications

References 87 publications

Exploring Legal Dynamics in Contemporary Migration with a Focus on Refugee and Migrant Rights

Exploring Legal Dynamics in Contemporary Migration with a Focus on Refugee and Migrant Rights

Refugee Policy in Europe

Informal agreements and quasi-legal mechanisms in EU-Africa cooperation on migration: how the EU takes advantage of the GCM commitments

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