№077: Small Border Traffic with Kaliningrad: Challenges, Opportunities, Threats

Author(s): Kinga Dudzińska,Anna Maria Dyner / Language(s): English

Small border traffic (SBT) between the Republic of Poland and the Russian Federation has proved to be a success story in its social, economic and cultural dimensions. Issuing local residents with permits to cross the border between Russia’s Kaliningrad region and several counties in Poland’s Pomorskie and Warmińsko-Mazurskie voivodships has boosted mutual contacts, benefitted the tourism and retail sectors, and spurred scientific collaboration, youth exchanges, and cooperation among NGOs. Fears of increased crime in border regions or violations of the SBT agreement proved unfounded. At the same time, SBT has revealed an array of challenges facing both countries, including a need for the expansion of border crossing infrastructure and deepening regional and intergovernmental cooperation, especially with the eventual start of visa-free traffic or for such events as the World Cup finals in Russia in 2018.

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№112: Mobile EU Citizens or Migrants? Assessing the Polish Diaspora in Norway

Author(s): Marta Stormowska / Language(s): English

Between 2004 and 2014, the number of Poles in Norway grew tenfold. Poles have become the biggestminority in Norway, bringing economic benefits for both countries but also social challenges. Whereasthe effects of migration for sending and receiving countries differ, there are many areas in whichcooperation could bring mutual benefits. Such cooperation based on the respect of the fundamentalfreedom of EU citizens’ free access to the labour market should lead to better integration of migrants.However, the biggest challenge in this respect lies in embracing the diversity of flows occurring withinthe free movement framework, ranging from short term stays to permanent settlements.

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№125: The Evolution of U.S. Immigration Policy: Implications for Poland

Author(s): Piotr Plewa / Language(s): English

Over the course of the last 50 years, migration to the United States has transformed from Europeanto Latin American, and predominantly Mexican. Increased legal migration from Latin America has beencoupled with increased unauthorised entries from the region. The major challenges facing U.S.policymakers concern their ability to prevent unauthorised entries and the repatriation or integration ofthose already in the country. With decreased legal and unauthorised immigration rates, Poland has lostthe potential to affect U.S. migration policymaking. Hence, it is worthwhile to assess whether thelimited benefits stemming from visa-free travel to the U.S. would justify the increase in invested politicalcapital required to secure one of Poland’s traditional foreign policy goals.

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№130: Foreigners in the Ukrainian Government: A Unique Solution for Challenging Times

Author(s): Piotr Kościński,Konrad Zasztowt / Language(s): English

Although it happens rarely, national governments, including those of EU countries, do sometimes hire foreign experts. In Ukraine, employing Georgians from former president Mikheil Saakashvili’s administration seems to be a logical move. His presidency’s biggest successes were the establishment of well-functioning police and an efficient fight against corruption, something both of which Ukraine badly needs. Other foreigners, including renowned experts such as Ukrainian American Natalie Jaresko and Lithuanian Aivaras Abromavičius, responsible for economic recovery, may be successful but face extremely difficult tasks. As all these figures are affiliated with the West in one way or another, their failure would be interpreted by pro-Kremlin media as a collapse of President Petro Poroshenko’s policies (perceived by Russia as a Western project).

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№133: Border and Migration Management in the East: The Cases of Norway and Poland

Author(s): Kinga Dudzińska,Jakub M. Godzimirski,Roderick Parkes / Language(s): English

The migration and refugee situation in Eastern Europe receives comparatively little attention in the EUfor a simple reason: the people displaced by the fighting in eastern Ukraine have tended to stay closeto home or travel to Russia rather than head to the European Union. But eastern migration deservesattention. Migration issues, including questions of population loss, diaspora loyalty and bordermanagement, are gaining real geopolitical significance across Eastern Europe. Moreover, the EU’stechnocratic efforts to leverage access to its labour markets in return for political reform in Ukraine,Moldova and Georgia are becoming increasingly politicised there. This paper therefore sets out somebasic data on the issue. It takes as its case studies the receiving countries Norway and Poland, bothlocated at the external border of the EU, EEA and Schengen zone and next to Russia, and pays specialattention to the question of border management, including small border traffic and migration control,looking particularly at the gender dimension of migration.

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№135: AKP Snap Election Tactics: Turmoil in Turkey

Author(s): Dylan O’Driscoll / Language(s): English

Following the 2015 national election in Turkey the AKP, for the first time since coming to power in2002, failed to win enough votes to form a majority government. Since the election the AKP has giventhe impression that it is attempting to form a coalition government, but in reality the party has beenemploying a number of tactics in order to increase its share of the vote in preparation for a snapelection. These tactics have mainly revolved around increasing the nationalist vote and damaging themain Kurdish party. However, these manoeuvres have increased polarisation in Turkey and haveresulted in an escalation of the conflict with the Kurds. Worryingly, it has become evident that the AKPaims to win power in the next election at all costs.

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№136: From Blame Game to Cooperation: EU-Turkey Response to the Syrian Refugee Crisis

Author(s): Pinar Elman / Language(s): English

Turkey has generously opened its borders to some two million refugees fleeing the war in Syria. Butmost Syrians in Turkey live in limbo, some in dire conditions, and many have sought refuge in the EUsimply to subsist to survive. Preventing an uncontrolled flow of refugees to the EU requires addressingtheir destitute state and providing them with the possibility to flourish—a responsibility that both theEU and Turkey have avoided until now. At the same time, even with increased international funding,the refugee challenge may be beyond Turkey’s capacity. The EU’s recent response is a positive stepbut is unlikely to suffice in preventing further tragedies. The EU must adopt a genuine policy on thematter, taking into account the two dimensions of Turkey’s reality as both a host and transit countryfor refugees.

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№138: Who Are They? Two Profiles of Syrian Refugees

Author(s): Patrycja Sasnal / Language(s): English

Syrians constitute the biggest national group migrating to Europe in 2015, according to Frontex. Of allthe social diversity within a single society, two generalised profiles of a Syrian refugee can be inferredfrom available information: a poorer, rural worker based in camps in Jordan, Turkey and Lebanon, anda richer, middle-class professional living outside of refugee camps, recently migrating to Europe via theGreece and Western Balkans route. While Europe has so far received the best of the Syrian society,poorer Syrians may also be on the move without an immediate and substantial improvement ofeducational infrastructure and their legal labour market status in host countries.

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№142: Australia’s Asylum and Migration Policy: Lessons to Apply to the European Refugee Crisis

Author(s): Damian Wnukowski / Language(s): English

Australia has a long history of immigration, including accepting refugees. Over the years, it has developed mechanisms and instruments that aim not only to help people in need but also to provide for the country’s stability and prosperity. However, in recent years some elements of Australia’s refugee policy, especially its approach towards the so-called boat people, have come under fire. Nevertheless, the solutions implemented by Australia should be part of the EU’s efforts to find ones useful for dealing with its current migration crisis.

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№143: Ukraine: A Migration Corridor with Half-Closed Doors

Author(s): Piotr Kościński / Language(s): English

At a time when many European countries are strengthening border protection (including building walls), migrants will seek new avenues to Europe. In this context and of particular importance will be the policy of the authorities of Ukraine, which currently, and despite the still unstable situation in the country (war in the east and economic problems) could become the country of choice for migrants. Another problem for Kyiv may be internal migration. Both forms increase the risk of migration to EU countries such as Poland, Hungary, Slovakia and Romania, which are neighbours of Ukraine. In this situation, additional EU assistance to the authorities in Kyiv will be necessary.

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№144: The EU-Turkey Deal on Refugees: How to Move Forward

Author(s): Pinar Elman / Language(s): English

Since the EU-Turkey deal on refugees on 29 November, there has not been a significant reduction in the numbers of migrants crossing into the EU from Turkey. One of the main reasons is probably lack of trust between Turkey and European Commission in their readiness to keep promises. EU can break the impasse by offering Schengen visa liberalisation but at the same time should use the accession negotiations to exert greater pressure on Ankara.

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№48 Two Boats in the Mediterranean and their Unfortunate Encounters with Europe’s Policies towards People on the Move

Author(s): Leonhard Den Hertog / Language(s): English

This paper examines two recent events in which people on the move making their way from Libya to Europe across the Mediterranean were either abandoned to die at sea or ‘pushed back’ (Hirsi case). It argues that these two cases are not incidental or isolated but rather part of a broader situation of concern in the Mediterranean. The paper highlights this situation and also connects it to Europe’s response to migratory flows during the Arab Spring. On thebasis of independent reports, case law and first-hand accounts, it attributes these tragedies to two fundamental structural deficiencies in Europe’s approach to people on the move in the Mediterranean: 1) a general lack of accountability, among the most salient of which are thelack of legal clarity for SAR (search & rescue) and disembarkation obligations as well as alack of monitoring of what actually happens in the Mediterranean and 2) a lack of solidarity amongst European states as well as across the Mediterranean. The paper then goes on to propose recommendations to correct those cross-cutting deficiencies.

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№49 The Court of Justice of the European Union as a Fundamental Rights Tribunal. Challenges for the Effective Delivery of Fundamental Rights in the Area of Freedom, Security and Justice

Author(s): Sergio Carrera,Marie De Somer,Bilyana Petkova / Language(s): English

This paper reflects on the challenges facing the effective implementation of the new EU fundamental right sarchitecture that emerged from the Lisbon Treaty. Particular attention is paid to the role of the Court of Justice of the European Union (CJEU) and its ability to function as a ‘fundamental rights tribunal’. Thepaper first analyses the praxis of the European Court of Human Rights in Strasbourg and its long-standing experience in overseeing the practical implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Against this analysis, it then examines the readiness of the CJEU to live up to its consolidated and strengthened mandate on fundamental rights as one of the prime guarantors of the effective implementation of the EU Charter of Fundamental Rights. We specifically review the role of‘third-party interventions’ by non-governmental organisations, international and regional human rights actors as well as ‘interim relief measures’ when ensuring effective judicial protection of vulnerable individuals incases of alleged violations of fundamental human rights. To flesh out our arguments, we rely on examples within the scope of the relatively new and complex domain of EU legislation, the Area of Freedom, Securityand Justice (AFSJ), and its immigration, external border and asylum policies.

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№50 Trends and Gaps in the Academic Literature on EU Labour Migration Policies

Author(s): Marie De Somer / Language(s): English

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

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

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

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

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

Author(s): Joanna Parkin / Language(s): English

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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№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

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

Author(s): Katharina Eisele / Language(s): English

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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№61 The Criminalisation of Migration in Europe. A State-of-the-Art of the Academic Literature and Research

Author(s): Joanna Parkin / Language(s): English

In the last 30 years, a clear trend has come to define modern immigration law and policy. A set of seemingly disparate developments concerning the constant reinforcement of border controls, tightening of conditions of entry, expanding capacities for detention and deportation and the proliferation of criminal sanctions for migration offences, accompanied by an anxiety on the part of the press, public and political establishment regarding migrant criminality can now be seen to form a definitive shift in the European Union towards the so-called ‘criminalisation of migration’. This paper aims to provide an overview of the ‘state-of-the-art’ in the academic literature and EU research on criminalisation of migration in Europe. It analyses three key manifestations of the so called ‘crimmigration’ trend: discursive criminalisation; the use of criminal law for migration management; and immigrant detention, focusing both on developments in domestic legislation of EU member states but also the increasing conflation of mobility, crime and security which has accompanied EU integration.

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