There has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a... Show moreThere has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a period that hosts the first legal actions vis-à-vis the agency and a series of relevant non-judicial investigations, including by the European Parliament, this dissertation aims to address the main problem underlying these accountability efforts, namely the ‘problem of many hands’. As conceptualised by Dennis Thompson, this problem is where the multiplicity of the actors involved obscures the various responsibilities and creates gaps in accountability.To address it, this work contests the dominant ways of looking at the concepts of responsibility and accountability, and reimagines them for their optimal function.It adopts a holistic approach, taking into account not only judicial, but also other forms of accountability, studying not only EU liability law, but also other legal remedies before the CJEU, the ECtHR, and domestic courts, building bridges between international and EU law, and traveling from the empirical to the conceptual, to the normative, and from there to the applied.It creates the foundations for the accountability of the agency inside and outside courts, within the EU borders and beyond. Show less
States apply different material conditions to attract or restrict residence of certain types of migrants. But states can also make use of time as an instrument to design more welcoming or more... Show moreStates apply different material conditions to attract or restrict residence of certain types of migrants. But states can also make use of time as an instrument to design more welcoming or more restrictive policies. States can apply faster application procedures for desired migrants. Furthermore, time can be used in a more favourable way to attract desired migrants in regard to duration of residence, access to a form of permanent residence and protection against loss of residence. This contribution makes an analysis of how time is used as an instrument in shaping migration policy by the European Union (EU) legislator in the context of making migration more or less attractive. This analysis shows that two groups are treated more favourably in regard to the use of time in several aspects: EU citizens and economic- and knowledge-related third-country nationals. However, when it comes to the acquisition of permanent residence after a certain period of time, the welcoming policy towards economic- and knowledge-related migrants is no longer obvious. Show less
Environmental degradation in combination with other factors, can lead to forced migration. This multi-causal and complex phenomenon is hard to capture under international law. The protection of... Show moreEnvironmental degradation in combination with other factors, can lead to forced migration. This multi-causal and complex phenomenon is hard to capture under international law. The protection of environmental refugees can be approached as a human rights, security and State responsibility issue. Each approach provides different legal protection regimes, which addresses different actors. The approaches also cover different periods in time and address different types of environmental refugees. In this thesis, current legal regimes are interpreted in the context of environmentally forced migration. Also new protection possibilities are identified through the combined application of international law regimes. Show less
Border control has changed significantly in recent decades. Whereas globalisation appear s to have diminished the relevance of international borders, states have simultaneously sought ways to... Show moreBorder control has changed significantly in recent decades. Whereas globalisation appear s to have diminished the relevance of international borders, states have simultaneously sought ways to regain some form of control over cross-border mobility. In this process, alternative and novel means of border enforcement have emerged. What do these bordering practices look like? How are they implemented on the ground and experienced by those subjected to them? These are the main questions this dissertation aims to answer. To that end, it looks at bordering practices in the Netherlands through the lens of crimmigration, the term used to refer to the growing merger of criminal justice and migration control. Relying on extensive empirical fieldwork – including observations, focus group discussions, surveys, and in-depth interviews – the dissertation examines two border ing practices: intra-Schengen migration policing and the punishment and deportation of criminally convicted non-citizens. The different empirical chapters highlight the various ways these contemporary bordering practices are shaped by and in their turn shape the criminal justice system, and how this ultimately results in considerable challenges for the legitimacy of both the migration control and the criminal justice system. Show less
Controlling mobilities in the EU is increasingly depending on information and information technology. Abolishing permanent border control between Schengen Member States has created the dilemma... Show moreControlling mobilities in the EU is increasingly depending on information and information technology. Abolishing permanent border control between Schengen Member States has created the dilemma of economic benefits versus security issues of the freedom of movement. The solution to this issue is often sought in the development and implementation of information technology. While expectations of information and information technologies are high, empirical research on how such border technologies are used in practice is scarce and subsequently little is known about to what extent the envisioned benefits are actually achieved. This dissertation aims to gain more insight in the use of information and information technology in controlling mobilities in intra-Schengen border areas by using a case study of the Mobile Security Monitor as carried out by the Royal Netherlands Marechaussee. Through extensive observations of border checks, focus groups with border patrol officers, interviews with Marechaussee staff members, discourse analysis of political debates and policy documentation and quantitative data, this dissertation aims to gain insight in the decision-making process on the political, organizational and street-level and the role of information and information technology therein. Show less
Neyer, G.; Thévenon, O.; Digoix, M.; Cortina, C.; Festy, P.; Waaldijk, C.; ... ; Hellgren, Z. 2017
This document summarizes the main findings from the research carried out in Workpackage 9, Policies and Diversity over the Life Course, within the FamiliesAndSocieties project. We present key... Show moreThis document summarizes the main findings from the research carried out in Workpackage 9, Policies and Diversity over the Life Course, within the FamiliesAndSocieties project. We present key results from our studies (1) on policies directed to young people at the transition to adulthood and self-sufficient living, (2) on preferences, usage, and consequences of parental-leave and fathers’ leave policies on family dynamics; (3) on the legal family formats for same-sex and/or different-sex couples in European countries, (4) on the emergence of private markets and issues of migration and care, and (5) on European Union family-policy initiatives. In our summary, we focus on policy-relevant findings and in particular on those of broader implications for policies, policy directions, and policy design in Europe at large. In concluding we summarize some of the core policy implications of our studies.See also www.familiesandsocieties.eu and www.lawsandfamilies.eu. Show less
The central question in this book is whether there is a human right to family unification. This book identifies the key elements of the right to family unification. By investigating different... Show moreThe central question in this book is whether there is a human right to family unification. This book identifies the key elements of the right to family unification. By investigating different sources of international, European and domestic law, it assesses whether and how the different legal systems involved affect each other in shaping the right to family unification. By identifying the key elements of the right to family unification, the book can be an important source for immigration lawyers, policy makers and scholars. Show less
