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"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis

Author(s): Klára Drličková,Anita Garnuszek,Slavomir Halla,Miloslav Kabrhel,Silvie Mahdalová,Ľubica Martináková,Aleksandra Orzeł,Mária Pastorková,Kateřina Remsová,Iva Šimková,Lucie Zavadilová,Ivan Cisár,Tomáš Kozárek,Ivan Puškár,Martin Švec,Pavel Loutocký,Dóra Bogárdi,Gergő Kocsis,Soňa Ondrášiková,Eszter Lilla Seres / Language(s): English / Publication Year: 2016

The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries.

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"ŁAD POSTLIZBOŃSKI" W EUROPIE

Author(s): Piotr Nowak / Language(s): Polish / Issue: 2/2017

The author of the article puts forward a thesis that the period in the international relations that came after the Cold War has already been completed and we are now in another one, to which he gives the name of the Post-Lisbon order. So far, in the discourse on the international relations it is called the post-Cold War order, without a clear distinction of its timeframe. The author, who presents a theoretical introduction of the definition of the international order which he perceives as a way of determining the relationship between international actors, who also presents the most important provisions of the Treaty of Lisbon and the New NATO Strategic Concept (adopted in Lisbon), called the new period a post-Lisbon order. By analyzing the presented problems the article constitutes an attempt to prove the thesis which was put forward at the beginning.

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"Provincializimi i Evropës" dhe Debati Publik Mbi Integrimin Evropian

Author(s): Enis Sulstarova / Language(s): Albanian / Issue: 2/2006

Në prag të nënshkrimit të Asociim Stabilizimit me Bashkimin Evropian, në shtypin shqiptar nisën replikat e ashpra midis Ismail Kadaresë dhe Rexhep Qoses, jehona e të ciht vazhdon edhe sot. Prej këtij debati, ku u përshinë gati të gjithë intelektualët dhe opinionbërësit më në zë brenda dhe jashtë kufirit shtetëror (deri te arbëreshët, shih Mandala & Marku, 2006), si edhe prej debateve të tjerë të ngjashëm që janë shfaqur më parë dhe herë pas here në shtypin shqiptar, krijohej përshtypja se çështja e integrimit të Shqipërisë në BE po debatohet seriozisht në publik. Mirëpo nuk është kështu. Si ndodh rëndom në këtë vend, debati Kadare-Qose, si edhe shumë të tjerë para tij, ishte tejet provincial, me gjithë përfshitjen në të të intelektualëve tanë të shquar. E quaj provincial, sepse nuk u fol mbi përfitimet e shoqërisë shqiptare prej procesit të anëtarësimin, detyrimet e Shqipërisë në këtë fazë të re të rrugës së integrimit, mbi ecurinë e reformave, mbi ngadalësimin apo edhe dështimin e tyre të dukshëm në disa drejtime, mbi altemativat e ofiuara për realizimin sa më mirë të objektivave të integrimit etj. E thënë shkurt, nuk ishte një debat politik. Debati u soll në mënyrë të ngushtë rreth pyetjes së çuditshme: a janë apo jo evropianë shqiptarët? Pse ndodhi kjo? Pse mendimi intelektual shqiptar është i paaftë të gjenerojë një debat politik mbi integrimin dhe ta lerë "integrimin" të përdoret vetëm në rrafshin e propagandës elektorale dhe të garës së rëndomtë të partive pohtike për të marrë flamurin e evropianizmit? Pse jem i një vendperiferik duhet të zhvillojmë vetëm debate publikeprovinciale?

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"The Enlargement of the EU to Balkans" – Policy Reports that shaped the policies and debate on European integration of Balkans

Author(s): Specified No Author / Language(s): English / Publication Year: 2008

Today, western Balkans states are a long way from where they were at the beginning of the decade. The Stabilization and Association process, which has just started in 2000, is almost completed as all the states have negotiated and signed the Stabilization and Association Agreements with the EU, the EU is negotiating visa liberalization agreements and all states are entitled to the new pre-accession financial assistance IPA, designed to address the strategic needs of the region. This progress, apart from the persistent efforts of the national governments and the EU administration, is also partly due to the visionary policy reports and recommendations of people and organizations working on the Balkans. We are convinced that their commitment to the region and the ability to look beyond the limitations of the immediate political context for lasting solutions makes them an irreplaceable item on every reading-list of both those who wish to study the Balkan region and those who aim to produce similar such reports addressing the present dilemmas and challenges for the western Balkan states. “The Enlargement of the EU to Balkans” is a compilation of four reports on the Balkans published since 2000. They all concern the Balkan region and its prospects for the future – away from violent legacies towards peace, stability and European integration. As such, they are a valuable source for all those interested in and studying the recent political developments in this region, for these reports give an overview of the challenges that Balkans states faced on the start of their journey to European integration. We hope this collection of reports will become part of the curricula of schools and departments where Balkan politics, history and EU integration are taught. From the multitude of reports, books and other works written on the Balkans, the reports that follow were not chosen accidentally. Rather, we aimed to include the most influential reports, those which had the greatest impact on the EU and international community’s approach towards the Balkans, those with the most valuable recommendations concerning the features of EU’s policy towards the Balkans. The results of in-depth field research and analysis of diplomatic relations in the region, these reports provided the most credible assistance to the European and other policy-makers when faced with the dilemma ‘how to deal with postconflict post-Milosevic Balkans?’ By publishing their reports again, we also like to pay tribute to those people and organizations that made their most for Balkans to be found in EU integration map.

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"To nie my przekroczyliśmy granicę, to ona przecięła nas." Biopolityka europejskiego reżimu migracyjnego

Author(s): Łukasz Moll / Language(s): Polish / Issue: 21/2016

This article reconceptualizes analytical tools suitable to theorizing the European migration regime by employing concepts developed by philosophers of biopolitics. By referring to border and migration studies, it diagnoses both the crisis of the traditional conceptualization of the border and the crisis of the post-Westphalian political order in Europe. Identifying the end of bordering practices as a result of the intertwining of sovereignty, territory, and population in the context of a neoliberal regime of capital accumulation, the article proposes to treat borders as productive apparatuses (dispositifs). While they support the desirable flows of people, they block the undesirable forms of circulation. In conclusion, the article argues that the co-existence of borderless spaces within the European Union with the arbitrary mechanisms of mobility control applied to non-EU migrants is impossible to maintain in the long run. Keeping the current status quo will result in the obliteration of the inside/outside division and a rupture in the strong link between borders and territory. In effect, the same apparatuses which aimed to make free mobility possible are becoming its main source of danger.

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# V4 2015: neľahké hľadanie odpovedí na európske výzvy

# V4 2015: neľahké hľadanie odpovedí na európske výzvy

Author(s): Tomáš Strážay / Language(s): Slovak / Publication Year: 0

Vyšehradská skupina, tak ako napokon celá Európska únia, čelila aj v roku 2015 výzvam prichádzajúcim z vonkajšieho prostredia a v menšom meradle tiež takým, ktoré súviseli s jeho vnútorným fungovaním. Napriek pokračujúcemu rusko ukrajinskému konfliktu sa dominantnou témou vo vyšehradskom i európskom (nielen zahraničnopolitickom diskurze) stala migračná a utečenecká kríza. Postoj k nej ovplyvňoval tak vnútornú dynamiku Vyšehradu, ako aj jeho vnímanie v rámci EÚ. Vyšehradské krajiny čelili zhoršenej reputácii v očiach niektorých členských krajín Únie, ktoré kritizovali ich nesolidárny postoj v otázke redistribučných kvót. Prirodzene, značná časť vyšehradskej agendy sa niesla v znamení kontinuity, čo sa týka slovenského aj českého predsedníctva. Významnými oblasťami spolupráce tak boli naďalej napríklad energetika či bezpečnosť a obrana. Spolupráca s krajinami východného susedstva a západného Balkánu tvorili piliere formátu V4 plus, ktorý sa rozšíril o ďalších partnerov. Jedným z významných zadaní pre obe predsedníctva bolo vyvažovať spoluprácu s nevyšehradskými krajinami s vnútornou súdržnosťou V4. Potvrdilo sa, že vyšehradská spolupráca zostáva imúnna voči vnútropolitickému vývoju v jednotlivých krajinách. Hoci májové prezidentské i októbrové parlamentné voľby v Poľsku znamenali diametrálnu zmenu v oblasti poľskej vnútornej politiky, na vzťahoch v rámci V4 sa to neprejavilo.

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#01 Bulgaria's Participation in EU Structural Funds

#01 Bulgaria's Participation in EU Structural Funds

Author(s): Author Not Specified / Language(s): English / Publication Year: 1999

Bulgaria's accession to the European Union is the foremost strategic objective of the country. This goal both serves the national interest of the establishment of a developed, democratic state and coincides with Bulgaria's readiness to actively participate in the realization of a united Europe. The conclusions of the European Council in December 1997 in Luxembourg opened the way for the active involvement of the 10 countries of Central and Eastern Europe in the preparations for their accession to the EU. It should be noted that the inclusion of Bulgaria in the next enlargement of the EU is an expression of the highly positive assessment of the democratic processes taking place in the country. At the same time, these conclusions specify requirements which need to be fulfilled by Bulgaria as a condition for Bulgaria's accession to the EU. Further, meeting the second and the third group of the Copenhagen criteria requires the complete restructuring of the national economy, the construction of modern infrastructures, the introduction of competitive principles of fair competition and increased social activities with the goal of accession to the policies and the principles of the EU. The present report examines the preparation of Bulgaria for future participation in the structural policies of the EU with the purpose of achieving economic and social harmonization on the basis of the introduction of principles of regional and social policy and the development of infrastructures in the area of transport and telecommunications. Structural funds are among the instruments used to achieve the aims of economic and social harmonization, and thus the preparation for their most effective and efficient use during the pre-accession period is very important. Within this context, the report examines the necessary organizational, administrative, legal and financial measures which must be undertaken in the pursuit of successful future participation in the structural funds of the EU.

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#02 Social Policy Aspects of Bulgaria's EU Accession

#02 Social Policy Aspects of Bulgaria's EU Accession

Author(s): Teodora Noncheva / Language(s): English / Publication Year: 1999

The social policy of the European Union aims to reduce the most substantial differences in the national schemes and programs, to facilitate the free movement of workers, to create prerequisites for employment growth and improvement of the working conditions, to raise the level of qualification and to promote the retraining and the reintegration of people who lost their job because of structural economic changes or for other reasons with social implications. Ensuring of the national social security systems' conformity with the criteria for membership in the European Union is of substantial importance for the entire process of democratisation and integration in Europe. At the same time these systems determine the internal potential of the applicant countries for accession. That is where the actuality of the questions, put in this study stems from: What is the scope of the field of action of the economic and social criteria for integration in the social sphere? To what extent does the Bulgarian system for social protection correspond to the European models and values? What are the perspectives for development of the social reform in the light of the strategy for accession to the European Union? These questions do not have a simple answer, but nevertheless the analysis of the social problems of the integration is the main challenge at the current stage of the social reform.

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#02bg Структурните фондове на Европейския Съюз: кратко ръководство

#02bg Структурните фондове на Европейския Съюз: кратко ръководство

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 1999

The Structural Funds are financial instruments for implementing the European Union's policy of economic and social cohesion between regions. Implementing a policy aimed at reducing the disparities in the level of development of the various regions and the backwardness of the least developed regions, including agriculture, by reallocating financial resources, has made a significant contribution to economic stability in the EU and to raising the level of employment.

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#04 The Role of Political Parties in Bulgaria's Accession to the EU

#04 The Role of Political Parties in Bulgaria's Accession to the EU

Author(s): Antony Todorov / Language(s): English / Publication Year: 1999

The process of Bulgaria's EU integration is a multifaceted political, institutional, economic, socio-structural, and psychological process. It is essentially a complex social transformation aimed at establishing particular public structures, standards, consensual attitudes, and strategies, compatible with EU and acceptable to its member countries. This process involves diverse actors who cannot be reduced solely to the efforts of state institutions and above all, of the legislature and the executive. One of the most powerful, though frequently overlooked, channels bringing Bulgaria closer to EU, are political parties. The inclusion of political parties in the domestic political process cannot be reduced exclusively or primarily to the time in which they exercise executive power. In opposition or even outside parliament, political parties can still occasionally exert considerable influence over the conditions in which foreign policy is conceived and implemented. Parties can sometimes be an exceptionally important source for Bulgaria's international image which strongly influences the positions of the country's international partners, and in particular, the EU member states, in terms of Bulgaria's accession to EU. Political parties, along with everything else, have several essential functions immediately related to Bulgaria's integration in EU: • they are very frequently the channels for the introduction of European po-litical standards in Bulgarian politics; • they represent the Bulgarian political palette of strategies and ideas; • they create an additional lobby network among the EU political class in favor of Bulgaria's accession; • they are in position to structure political life in Bulgaria in line with EU standards. That is why the study of the role of political parties in the process of Bulgaria's EU integration is an essential element of the conception of a general idea, and theoretical model, of the process. In theoretical terms, parties are part of the political system and a connecting link between the political, and civil, society. Their role in foreign policy is typically related to positions of power. But the in-ternationalization of party life in the past decade has provided parties with new opportunities for participation in the foreign political process. In Bulgarian political life parties are an important, if not the chief, instrument for assimilation of foreign political experience. Their activity as international actors, their international contacts, the international forums organized by them, are an irreplaceable channel through which public opinion in Bulgaria gets informed about foreign political standards, about the rules and norms of political life in EU countries, for instance. Naturally, the influence of parties on the foreign policy and international image of a given country is a function of its political system and above all, of the role, status, and functions of political parties within it. Since 1989 Bulgaria has developed a "European" type of party system, in which political organizations are institutional structures striving to represent politically significant social interests. Under this model, parties are involved in the domestic political process as representatives of a certain part of public opinion. In the U.S., along with that function, parties are involved in foreign policy mainly through the influence they have in various foundations which sponsor projects and research institutions. In a sense, the American party-system model is based more on the "expert" participation of political parties in the foreign policy making. In Bulgaria there are few elements of expert participation of parties in the foreign political process, though certain "think tanks", related in some form or other to political parties, do exert some influence, largely through developing and presenting before foreign partners alternatives to government policies.

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#47 An Assessment of the Commission’s 2011 Schengen Governance Package. Preventing abuse by EU member states of freedom of movement?

#47 An Assessment of the Commission’s 2011 Schengen Governance Package. Preventing abuse by EU member states of freedom of movement?

Author(s): Sergio Carrera / Language(s): English / Publication Year: 2012

The Schengen system has been at the centre of sharp controversy throughout 2011 and the early months of 2012 a rising from attempts by several member state governments to challenge the right to the free movement of persons and the abolition of internal border checks. The speech delivered by Nicolas Sarkozy early this month (March 2012), as part of the French presidential campaign, in which he threatened to suspend France’s participation in Schengen illustrates this phenomenon. This paper examines the European Commission’s response to the Schengen controversies, namely the Schengen Goverance Package publishedin September 2011 and currently under negotiation in Council and the European Parliament. It assesses the scope and added value of the Package’s two new legislative proposals (a new Schengen evaluation mechanism and revised rules for restating internal border checks) by looking at the origins and features ofthe debate surrounding liberty of circulation in the Schengen area.

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#50 Trends and Gaps in the Academic Literature on EU Labour Migration Policies

#50 Trends and Gaps in the Academic Literature on EU Labour Migration Policies

Author(s): Marie De Somer / Language(s): English / Publication Year: 2012

This paper provides an overview of the ‘state of the art’ in the academic literature on EU labour migration policies. It forms part of the research agenda of Work Package 18 of the NEUJOBS project, which aims at reviewing legislation and practices regarding the labour market inclusionand protection of rights of different categories of foreign workers in European labour markets. Accordingly, particular attention is paid to the works of scholars who evaluate the status of rights of third-country national workers in relation to labour market access, employment security, social integration, etc., in European legislation on labour immigration. More specifically, the review has selected those scholarly works that focus specifically on analysingthe manner in which policy-makers have addressed the granting of rights to non-EU migrant workers, and the manner in which policy agendas – through the relevant political and institutional dynamics – have found their translation in the legislation adopted.

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#51 Does the Stockholm Programme matter? The Struggles over Ownership of AFSJ Multiannual Programming

#51 Does the Stockholm Programme matter? The Struggles over Ownership of AFSJ Multiannual Programming

Author(s): Elspeth Guild,Sergio Carrera / Language(s): English / Publication Year: 2012

Does the 2009 Stockholm Programme matter? This paper addresses the controversies experienced at EU institutional levels as to ‘who’ should have ownership of the contours of the EU’s policy and legislative multiannual programming in the Area of Freedom, Security and Justice (AFSJ) in a post-Lisbon Treaty landscape. It examines the struggles around the third multiannual programme on the AFSJ, i.e. the Stockholm Programme, and the dilemmas affecting its implementation. The latest affair to emerge relates to the lack of fulfilment by the European Commission of the commitment to provide a mid-term evaluation of the Stockholm Programme’s implementation by mid-2012, as requested by both the Council and the European Parliament.

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#52 Justice and Home Affairs Databases and a Smart Borders System at EU External Borders. An Evaluation of Current and Forthcoming Proposals

#52 Justice and Home Affairs Databases and a Smart Borders System at EU External Borders. An Evaluation of Current and Forthcoming Proposals

Author(s): Didier Bigo,Sergio Carrera,Ben Hayes,Nicholas Hernanz,Julien Jeandesboz / Language(s): English / Publication Year: 2012

This study examines current and forthcoming measures related to the exchange of data and information in EU Justice and Home Affairs policies, with a focus on the ‘smart borders’ initiative. It argues that there is no reversibility in the growing reliance on such schemes and asks whether current and forthcoming proposals are necessary and original. It outlines the main challenges raised by the proposals, including issues related to the right to data protection, but also to privacy and non-discrimination.

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#53 EU Home Affairs Agencies and the Construction of EU Internal Security

#53 EU Home Affairs Agencies and the Construction of EU Internal Security

Author(s): Joanna Parkin / Language(s): English / Publication Year: 2012

Regulatory agencies such as Europol, Frontex, Eurojust, CEPOL as well as bodies such as OLAF, have over the past decade become increasingly active within the institutional architecture constituting the EU’s Area of Freedom, Security and Justice and are now placed at the forefront of implementing and developing the EU’s internal security model. A prominent feature of agency activity is the large-scale proliferation of‘knowledge’ on security threats via the production of policy tools such as threat assessments, risk analyses, periodic and situation reports. These instruments now play a critical role in providing the evidence-base that supports EU policy making,with agency-generated ‘knowledge’ feeding political priority settingand decision-making within the EU’s new Internal Security Strategy (ISS).

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#54 Russia and the Common Space on Freedom, Security and Justice

#54 Russia and the Common Space on Freedom, Security and Justice

Author(s): Olga Potemkina,Raül Hernández i Sagrera / Language(s): English / Publication Year: 2013

EU-Russia cooperation in the framework of the Common Space on Freedom, Security and Justice, launched almost a decade ago in 2003, has borne fruit more in the security aspects than the justice and liberty-related policy areas. This study assesses the uneven cooperation onjustice and home affairs between the EU and Russia, while delving into the intersection between cooperation on justice, liberty and security and the promotion of human rights, democracy and rule of law in EU-Russia relations. The study concludes by proposing a set of policy recommendations to the LIBE Committee for playing a more active role in this important field of cooperation between the EU and Russia.

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#56 The EU’s Paradoxical Efforts at Tracking the Financing of Terrorism: From criticism to imitation of dataveillance

#56 The EU’s Paradoxical Efforts at Tracking the Financing of Terrorism: From criticism to imitation of dataveillance

Author(s): Anthony Amicelle / Language(s): English / Publication Year: 2013

In July 2011, the European Commission published a Communication aimed at setting out different options for establishing a European terrorist finance tracking system (TFTS). The Communication followed the adoption of the EU-US agreement on the US Terrorist Finance TrackingProgram (TFTP) in 2010. The agreement concluded various series of national, European and transatlantic negotiations after the disclosure through public media of the US TFTP in 2006. This paper takes stock of the wide range of controversies surrounding this security-focused programme with dataveillance capabilities. After stressing the impact of the US TFTP on international relations, the paper argues that the EU-US agreement primarily has the effect of shifting in formation-sharing practices from the justice/judicial/penal/criminal investigation framework into the security/intelligence/administrative/prevention context as the main rationale. The paper then questions the TFTP-related conception of mass intelligence through large-scale databases and transnational communication of bulk data in the name of targeted surveillance. Following an examination of the project creating an EU system equivalent to the TFTP, the paper emphasises the fundamental paradox of transatlantic security matters, in which European criticisms of American programmes tend to be ultimately translated into EU imitation of US dataveillance practices.

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#58 The ‘Lisbonisation’ of the European Parliament. Assessing progress, shortcomings and challenges for democratic accountability in the area of freedom, security and justice

#58 The ‘Lisbonisation’ of the European Parliament. Assessing progress, shortcomings and challenges for democratic accountability in the area of freedom, security and justice

Author(s): Sergio Carrera,Nicholas Hernanz,Joanna Parkin / Language(s): English / Publication Year: 2013

This Briefing Paper examines the performance of the European Parliament (EP) in EU AFSJ law and policy-making from the entry into force of the Lisbon Treaty until the end of the firsthalf of 2013. The paper situates the EP in the new post-Lisbon institutional setting, documenting its transition to ‘AFSJ decision-maker’, and its new powers to shape and make policy covering the EU’s internal and external security agenda. While the paper finds that theEP has become an active co-owner of the EU AFSJ post-Lisbon, with the Parliament demonstrating a dynamic adjustment to its new post-Lisbon role and powers, the authors identify a set of new developments and challenges that have arisen in the conduct of democratic accountability by the EP in the AFSJ since 2009, which call for critical reflection ahead of the new parliamentary term 2014-2019 and the post-2014 phase of the EU’s AFSJ.

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#59 Current Challenges regarding the International Refugee Law, with focus on EU Policies and EU Co-operation with UNHCR

#59 Current Challenges regarding the International Refugee Law, with focus on EU Policies and EU Co-operation with UNHCR

Author(s): Violeta Moreno-Lax,Elspeth Guild / Language(s): English / Publication Year: 2013

From an examination of the instruments of the Common European Asylum System (CEAS) and related policy measures regarding border surveillance and migration management, two inter-related issues stand out as particularly sensitive: Access to asylum and responsibility for refugee protection.The prevailing view, supported by UNHCR and others, is that responsibility for the care of asylum seekers and the determination of their claims falls on the state within whose jurisdiction the claim is made. However, the possibility to shift that responsibility to another state through inter-state cooperation or unilateral mechanisms undertaken territorially as well as abroad has been a matter of great interest to EU Member States and institutions. Initiatives adopted so far challenge the prevailing view and have the potential to undermine compliance with international refugee and human rights law.

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#60 Why come here if I can go there? Assessing the ‘Attractiveness’ of the EU’s Blue Card Directive for ‘Highly Qualified’ Immigrants

#60 Why come here if I can go there? Assessing the ‘Attractiveness’ of the EU’s Blue Card Directive for ‘Highly Qualified’ Immigrants

Author(s): Katharina Eisele / Language(s): English / Publication Year: 2013

This paper analyses the attractiveness of the EU’s Blue Card Directive – the flagship of the EU’s labour immigration policy – for so-called ‘highly qualified’ immigrant workers from outside the EU. For this purpose, the paper deconstructs the understanding of ‘attractiveness’ in the Blue Card Directive as shaped by the various EU decision-making actors during the legislative process. It is argued that the Blue Card Directive sets forth minimum standards providing for a common floor –not a common ceiling: the Directive did not, as originally envisaged by the European Commission, create one European highly skilled admission scheme. This raises questions regarding its concreteuse. A critical focus is placed on the personal scope of the Blue Card Directive and the level of rights offered, and a first comparative perspective on the implementation of the Directive in five member states is provided.

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