Humanitarian Admission to Europe

Name: Humanitarian Admission to Europe | The Law between Promises and Constraints
Brand: Nomos
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The Law between Promises and Constraints

Marie-Claire Foblets Luc Leboeuf(Editor)

Nomos (Publisher)

1st Edition

Published on 8. April 2020

371 pages

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978-3-8452-9860-3 (ISBN)

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Cover
Introduction: Humanitarian Admission to Europe. From Policy Developments to Legal Controversies and Litigation
Introduction
1 Policy Developments Towards Humanitarian Admission to Europe
1.1 From 'Legal Avenues' and 'Safe Pathways', to 'Humanitarian Visas' and other 'Protected Entry Procedures'
1.2 Policy Developments at EU Level. A Focus on Resettlement
2 Litigation for Humanitarian Admission to Europe
3 A Cautious and Reserved Judicial Intervention
3.1 The CJEU Invoking the Limits to its Competence of Judicial Review
3.2. Some Limits to the Intervention of Courts in Policy Debates on Humanitarian admission to Europe
4 The Revolving Doors of the Rule of Law
5 The Law Between Promises and Constraints
Part 1. Humanitarian Admission Under International and EU Law. The Right to Asylum and its Paradoxes
Chapter 1: Humanitarian Admission Under Universal Human Rights Law: Some Observations Regarding the International Covenants
Introduction
1 A Major Discrepancy Between Moral Claim and Legal Reality
2 Observations
2.1 The Scope of Human Rights - Territory, Jurisdiction and Beyond?
2.2 Extraterritorial Jurisdiction According to the ICCPR and the ICESCR
2.2.1 The Standard of the ICCPR
2.2.2 The Standard of the ICESCR
2.3 The Exercise of Jurisdiction and Resulting Human Rights Obligations in Embassies
2.4 Inside Jurisdiction and/or Territory, but Outside Full Human Rights Protection
Conclusion and Outlook
Chapter 2: Humanitarian Admission and the Charter of Fundamental Rights
Introduction
Between a Rock and a Hard Place: The Plight of the Syrian Family and the Externalisation of Border Control by the EU
The Common European Asylum System (CEAS)
Schengen and the EU Legal Framework on Visas
Protected Entry Procedures and Humanitarian Visas
The Problem of the 'Foot in the Door' to the EU
The Situation of the Syrian Family
The ECJ's Interpretation of EU Law
The Application of the EU Fundamental Rights Framework to Humanitarian Visas
The Political Questions: Policy and Legislative Discussions at the EU Level
Conclusion
Chapter 3: Is Access to Asylum the Same as Access to Justice?
Introduction
1. The Setting of the Play: The Right of Asylum, a Right 'of the Foot in the Door'
2. The Need for Legal Avenues
3. X & X: Does EU LAW require EU States to Open Legal Avenues for Asylum Seekers?
4. A Right Understanding of the Visa Code?
4.1 The text
4.2 The Inconstancy of the Criteria of Intention
4.3 The Forgotten Possibility for a Prolongation
5. Scope of Application of EU Asylum Law
6. Consequences on the Application of the EU Charter
7. The scope of territorial jurisdiction of the European Convention of Human Rights
8. Access to Justice and the Criteria of the Availability of an Alternative
9. Bridging the Gaps in Access to Justice: the Global Compact for Refugees
Part 2. Humanitarian Admission Under Domestic Law. Between Formalised Procedures and Informal Practices
Chapter 4: Humanitarian Admission to Italy through Humanitarian Visas and Corridors
1 Introduction
2 Humanitarian corridors for beneficiaries of protection
2.1 Legal basis of the humanitarian corridors
2.2 The MoUs for the humanitarian corridors: signatories, selection of countries and number of humanitarian visas
2.3 The process of identification and selection of beneficiaries for the humanitarian corridors
2.4 Criteria to identify the beneficiaries
2.4.1 'Vulnerability'
2.4.2 Integration in Italy and avoidance of secondary movements
2.5 Reception of beneficiaries: legal status and support provided after arrival
2.6 Perspectives for enhancement and replication of the humanitarian corridors in other countries
2.7 Shortcomings
3 Other uses of humanitarian visas and instances of ad-hoc entry measures
4 Value of a common EU framework on protection entries
4.1. The debate on the need of EU legislation on protected entries
4.2. Recommendations for the adoption of common legislation on humanitarian visas
4.2.1 Subjective right
4.2.2 Procedural guarantees
5 Conclusion
Appendix
Chapter 5: Humanitarian Admission to Germany - Access vs. Rights ?
6.1 Introduction
6.2 Admission in exceptional individual cases
6.3 Quota-based admission at federal level: Ad hoc schemes for individuals fleeing Syria
6.3.1 HAP Syria 1 - 3: Procedure and beneficiaries
6.3.2 Admissions on the basis of the EU-Turkey-Statement: HAP Turkey
6.4 Humanitarian admission schemes at Länder level
6.4.1 Private sponsorship programmes for relatives of Syrian nationals in Germany
6.4.2 Controversies raised by private sponsorship: Duration of financial commitments
6.5 The German resettlement programme
6.5.1 Beneficiaries of resettlement
6.5.2 Resettlement procedures
6.5.3 Germany's commitment to the EU resettlement programme: A game of numbers
6.6 Combining resettlement with community sponsorship: The NesT-Programme
6.6.1 The mentorship scheme as novelty to resettlement
6.6.2 NesT - Weak resettlement or improved private-sponsorship?
6.7 Access vs. rights?
6.7.1 The quality of protection and the method of arrival
6.7.1.1 Reception and place of residence
6.7.1.2 Duration of stay and options of permanent settlement
6.7.1.3 Access to work, social benefits and language courses
6.7.1.4 The travel document as 'Achilles heel' of resettlement refugee status
6.7.2 The changing laws and policies regarding family reunification
6.7.2.1 Family reunification depends on the method of arrival
6.7.2.2 Family reunification depends on the time of arrival: The changing laws and policies regarding beneficiaries of subsidiary protection
6.8 Conclusion
Chapter 6: Humanitarian Admission to Belgium
Introduction
1 The Legislation
2 The Administrative Practices and Case Law
Conclusion: The Pending Questions
Part 3. Claiming Humanitarian Admission. Survival Strategies and Litigation Attempts
Chapter 7: Unpacking Vulnerability: An Ethnographic Account of the Challenges of Implementing Resettlement Programmes in a Refugee Camp in Uganda
Introduction
1 A Word on Method
2 Problematising Vulnerability
2.1 Conforming to Vulnerability Categories
2.2 Multiplying Soft Law Regimes
3 Unpacking UNHCR's Categories of Vulnerability
3.1 Dependency on aid system
3.2 Climate Change
3.3 Economic Dimension
3.4 Poor Infrastructure
3.5 Contested Concept of 'Family'
3.6 Conflict of Interest in the Provision of Aid Services
3.7 The Exercise of Discretion by Aid Agencies
4 Escaping Vulnerability: Survival Strategies
Conclusion
Chapter 8: Making the Case X&X for the Humanitarian Visa
Part 4. Some Future Prospects on Humanitarian Admission to Europe
Chapter 9: The Objective of Resettlement in an EU Constitutional Perspective
Introduction
1. The emerging EU resettlement law
1.1. Emphasis on resettlement in the context of crisis
1.2. Elements of the emerging EU resettlement law
2. The controversies on the objective of resettlement
2.1. Towards replacing territorial asylum procedures?
2.2. Towards externalising responsibility?
3. The constitutional objective of resettlement
3.1. Resettlement as a component of the Common European Asylum System
3.2. Objective I: Providing international protection
3.3. Objective II: Complementing territorial asylum procedures
3.4. Objective III: Sharing international responsibility
Conclusion
Chapter 10: EU Initiatives on a European Humanitarian Visa
1. Introduction
2. The concept of humanitarian visas within the EU Legal framework
2.1 What do we mean by humanitarian visa?
2.2. Humanitarian visas and EU fundamental rights
3. Current Regulatory Framework
4. For a comprehensive approach to humanitarian visas: EU Parliament vs. European Commission and Council
4.1 From the Treaty of Amsterdam to the Stockholm Programme
4.2. From the Stockholm Programme to the migration crisis
4.3 The LIBE Committee´s legislative own-initiative report
5. Some concluding observations
Conclusion: The Role of the Judge in Controlling the Genuine Enjoyment of the Substance of the Rights
The Long-term Path: Visa Facilitation and Suppression
The Short-term Path: Judicial Control

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Humanitarian Admission to Europe

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