| 1. |
- Hartzén, Ann-Christine, et al.
(författare)
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Introduction to Law, Solidarity and the Limits of Social Europe
- 2022
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Ingår i: Law, Solidarity and the Limits of Social Europe : Constitutional Tensions for EU Integration - Constitutional Tensions for EU Integration. - : Edward Elgar Publishing. - 9781800885509 - 9781800885516
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 2. |
- Karageorgiou, Eleni, et al.
(författare)
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Putting Asylum to the ‘European Refugee Crisis’ Test: Sub-Regional Realities and Legal Challenges
- 2018
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Ingår i: The New Asylum and Transit Countries in Europe. During and in the Aftermath of the 2015/2016 Crisis. - 9789004368286 ; 13, s. 1-14
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This contribution serves as the introduction to the edited volume titled 'The New Asylum and Transit Countries in Europe. During and in the Aftermath of the 2015/2016 Crisis'. In particular it provides an overview of the four dynamics captured in the volume. The first one concerns the absorption of EU norms in Central and South Eastern Europe. The second dynamic is the reaction by the counties in this region to the massive movement of asylum seekers in 2015 and 2016 through their territories. The third dynamic captured in the edited volume is how, despite the dictates of the EU and the EU asylum legislation, the countries in question have used their autonomy and have initiated their own normative developments in the area of asylum during and beyond the crisis. The final dynamic addressed in this book concerns the question of solidarity and shared responsibility among EU Member States in the area of asylum.
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| 3. |
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| 4. |
- Bexelius, Maria, et al.
(författare)
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27 forskare : Så kan EU:s murar rivas
- 2015
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Ingår i: Dagens samhälle. - : Sveriges kommuner och landsting. - 1652-6511. ; :20150923
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Tidskriftsartikel (populärvet., debatt m.m.)
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| 5. |
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| 6. |
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| 7. |
- Karageorgiou, Eleni, et al.
(författare)
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Challenging the legality of externalisation in Oceania, Europe and South America: an impossible task?
- 2021
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Ingår i: Forced Migration Review. - 1460-9819. ; :68, s. 23-23
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The lack of success of legal challenges made against externalisation policies of various kinds is taken up in this article written by three authors focusing on three very different contexts: Oceania, Europe and South America. This comparative analysis highlights that externalisation practices are hard to challenge across the globe in the courts but for a variety of reasons. In Oceania, there is a lack ofregional human rights agreements which means that decisions in Papua New Guinea or Nauru may be undermined by decisions made by courts in Australia,the country responsible for the externalisation policies in question. In Europe, an unwillingness by EU institutions to take responsibility for the Turkey-EU deal (which enables EU Member States to reject asylum claims on the basis that they could have sought protection in a safe ‘non-EU country’ en route to the EU) has meant that it is hard to identify whom to hold to account. In South America, Venezuelan asylum seekers are likewise being rejected if they do not have an acceptable explanation for why they have not applied for protection in one of the countries en route to Peru, such as Colombia or Ecuador. However, the ad hoc and informal way these policies are being implemented means they are hard tochallenge on a legal basis.
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| 8. |
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| 9. |
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| 10. |
- Karageorgiou, Eleni, et al.
(författare)
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Receiving Ukrainian Refugees in the EU: A Case of Solidarity?
- 2023
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Ingår i: EU responses to the large-scale refugee displacement from Ukraine: an analysis on the temporary protection directive and its implications for the future EU asylum policy. - 9789294664006 - 9789294663948
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 11. |
- Karageorgiou, Eleni
(författare)
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Rethinking solidarity in European asylum law : A critical reading of the key concept in contemporary refugee policy
- 2018
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- It is easy to get carried away with the rhetoric of solidarity. Rethinking solidarity aims to problematize the way that solidarity has been conceptualized and applied as a governing principle of EU asylum law and policy, in particular as a response to the 2015–2016 ‘refugee crisis’. Navigating through a family of ideas – from Aristotle’s philia, Christian agape, and Roman law to French solidarism, and European unity – Rethinking solidarity claims that there is an inherent dichotomy in the way the concept has been put to use rhetorically. It contends that, despite the fact that solidarity is coupled with a language of fairness, it is this antagonistic core of the concept that has been instrumentalized in the context of European asylum policy. Rethinking solidarity in refugee law thus requires not only more responsibility sharing amongst states but – most importantly – an understanding of and attendance to the varying visions of community each actor brings to the table when invoking solidarity.
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| 12. |
- Karageorgiou, Eleni
(författare)
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Solidarity and sharing in the Common European Asylum System: the case of Syrian refugees
- 2016
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Ingår i: European Politics and Society. - 2374-5118. ; 17:2, s. 196-214
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Tidskriftsartikel (refereegranskat)abstract
- Although the vast majority of Syrians flee to neighboring countries, an increasing number is trying to reach European soil. On one end of the spectrum, individuals escape their war-torn country seeking protection elsewhere and on the other end the European Union (EU) and its Members States bear specific obligations for granting protection, stemming from their international and regional legal commitments. Drawing from the UNHCR estimations that the exodus is evolving rapidly and in light of Article 80 TFEU and the objectives by the European Council, the EU needs to adopt policies which emphasize the full and inclusive application of the 1951 Refugee Convention and promote a fair distribution of asylumrelated responsibilities amongst EU states. The present article investigates how the Syrian refugee crisis triggers practices of sharing within the EU. It describes how the different EU sharing mechanisms have been responding to the asylum-related pressures and critically analyzes their distributive effects. The main proposition is that the way in which sharing is being understood in the European asylum policies and applied in the areas covered by those policies (protection and treatment of individuals, European agencies’ role, relations between the EU and third countries) has significant consequences on the institution of asylum and the protection granted.
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| 13. |
- Karageorgiou, Eleni
(författare)
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Solidarity in European asylum policies: response to a problem or part of it?
- 2016
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Annan publikation (övrigt vetenskapligt/konstnärligt)abstract
- This intervention briefly goes through two schemes that allocate asylum-related responsibilities between states: the Dublin mechanism within the EU and the EU-Turkey statement. By identifying their flaws, the paper suggests that although solidarity has been invoked as a response to the so-called “refugee crisis”, the way it has been conceptualised makes it part of the problem.
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| 14. |
- Karageorgiou, Eleni
(författare)
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The Distribution of Asylum Responsibilities in the EU: Dublin, Partnerships with Third Countries and the Question of Solidarity
- 2019
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Ingår i: Nordic Journal of International Law. - : Brill. - 0902-7351 .- 1571-8107. ; , s. 315-358
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Tidskriftsartikel (refereegranskat)abstract
- Because of the scale of global displacement, in particular from Syria, the European Union has stressed the need to work on an effective asylum and immigration policy through more robust forms of cooperation internally, between Member States, and externally, with third countries. This contribution investigates the extent to which the EU rules for distributing asylum responsibilities genuinely address the requirement of solidarity set out in EU law. It focuses on the Dublin system, which forms the main intra-EU responsibility allocation mechanism, and on the EU–Turkey partnership as an external mechanism. It suggests that instead of relieving countries that have disproportionate protection responsibilities and guaranteeing protection for every individual in need, such practices achieve the opposite. They ensure that overburdened countries remain the main protection providers and that the movement of refugees is strictly managed. This leads to the debasement of the right to asylum contrary to international and European law.
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| 15. |
- Karageorgiou, Eleni, et al.
(författare)
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The Evolution of Safe Third Country Law and Practice
- 2021
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Ingår i: The Oxford Handbook of International Refugee Law.
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Bokkapitel (refereegranskat)abstract
- This chapter examines changes to safe third country law and practice from 2010 to 2020 focusing on Europe, Australia, North, and South America. These developments have received little academic attention, particularly from a comparative perspective. We argue that in all four regions there has been a significant weakening of protection standards in the safe third country context, with the thresholds for effective protection becoming further removed from the rights outlined in the Refugee Convention and other international and regional human rights treaties. In addition, law makers and adjudicative decision makers have shown disregard for the principle of international solidarity. We suggest that these developments pose a significant challenge to refugee protection and the international refugee regime more broadly.
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| 16. |
- Karageorgiou, Eleni, et al.
(författare)
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The Impact of the new EU Pact on Europe's External Borders: The Case of Greece
- 2021
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Ingår i: The EU Pact on Migration and Asylum in light of the United Nations Global Compact on Refugees : International Experiences on Containment Mobility and their Impacts on Trust and Rights - International Experiences on Containment Mobility and their Impacts on Trust and Rights. - 9789290849995
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This book falls within the scope of the ASILE Project. ASILE studies the interactions between emerging international protection systems and the United Nations Global Compact for Refugees (UN GCR), with particular focus on the EU’s role. It examines the characteristics of international and country-specific asylum governance instruments and arrangements, and their compatibility with international and regional human rights and refugee laws. The ASILE project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement no 870787.
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| 17. |
- Karageorgiou, Eleni
(författare)
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The law and practice of solidarity in the Common European Asylum System: Article 80 TFEU and its added value
- 2016
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Ingår i: European Policy Analysis.
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- Given the current scale of global displacement, in particular from Syria, and the rising death toll of individuals crossing the Mediterranean, the European Union has emphatically stressed the need to work on an effective asylum and immigration policy, through more robust forms of cooperation between Member States. Following the Agenda on Migration in May 2015, a set of new measures and proposals to reform the existing framework on asylum have been launched, including, inter-alia, an emergency relocation mechanism, a proposal to reform the Dublin Regulation, and the development of the EU-Turkey partnership. Their main objective is “to ensure an efficient response to the increased arrivals of refugees and migrants in the EU” and “a high degree of solidarity between the Member States” along the lines of Article 80 TFEU. This begs the question of what solidarity, as the guiding principle of European immigration and asylum policies, entails in terms of states’ obligations and to what extent these obligations have been enforced in view of the current critical situation in Europe. The present paper explores the meaning and functions of the principle of solidarity enshrined in Article 80 TFEU based on the ways in which it has been operationalized through these measures.
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| 18. |
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| 19. |
- Karageorgiou, Eleni, et al.
(författare)
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What is Wrong with Solidarity in EU Asylum and Migration Law?
- 2022
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Ingår i: Jus Cogens. - : Springer Science and Business Media LLC. - 2524-3977 .- 2524-3985. ; , s. 131-131
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Tidskriftsartikel (refereegranskat)abstract
- In this article, we explore why solidarity has not worked according to expectation in EU migration and asylum law, and why it is unlikely to work in the future. First, we explore discourses of burden-sharing and solidarity in EU law from the 1990s up to the Lisbon treaty in 2009 to identify emergent path dependencies. This period saw the introduction of primary law provisions on solidarity, such as Article 80 TFEU, as French and Dutch electorates had rejected a European constitution. Second, we perform an analysis of Article 80 through the conceptual history of solidarity; in particular, the dominant Roman law tradition of obligatio in solidum and the French tradition of solidarism. We submit that the term ‘solidarity’ is actually a misnomer: already on structural grounds, Article 80 should be read as an alliance clause, countering a threat of irregular immigration. Third, we find that the practice under Article 80 as it develops during the period between 2015 and the 2020 European Commission Pact on Migration and Asylum corroborates this finding. Overall, we find that the concept of solidarity in EU asylum and migration law engenders outcome expectations that it cannot deliver as the defense alliance it is.
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| 20. |
- Karageorgiou, Eleni, et al.
(författare)
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Why the European Commission’s ‘pragmatic’ approach to asylum is not enough: Re-imagining solidarity as a new form of conducting regional politics
- 2023
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Ingår i: The Principle of Solidarity: International and EU Law Perspectives. - 9789462655744 - 9789462655751 ; , s. 163-163
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Bokkapitel (refereegranskat)abstract
- The failure of the EU and its Member States to adequately respond to increased refugee movements since 2015, has caused disagreement on how the principle of solidarity and fair sharing of responsibility should be given effect in the context of a reformed European policy on migration. In September 2020, theEuropean Commission proposed the new Pact on Migration and Asylum which was meant to promote a new pragmatic approach to solidarity for achieving ‘a fair, workable and sustainable EU migration system’. This chapter seeks to interrogate this new approach to solidarity with a view to establishing theextent to which it provides a viable remedy to current and future challenges for refugee protection in Europe. The main proposition is that the conception of pragmatism promoted in the Pact emphasizes excessive formalism through calculative rules and complex procedures sidestepping questions of politicalorganization, community and belonging that solidarity has squarely brought to the table in 2015. A reimagining of solidarity in the CEAS as particular form of conducting regional and global politics is suggested as the way forward.
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| 21. |
- Kyza, Eleni A., et al.
(författare)
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Combating misinformation online : re-imagining social media for policy-making
- 2020
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Ingår i: Internet Policy Review. - : Internet Policy Review, Alexander von Humboldt Institute for Internet and Society. - 2197-6775 .- 2197-6775. ; 9:4
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Tidskriftsartikel (refereegranskat)abstract
- Social media have created communication channels between citizens and policymakers but are also susceptible to rampant misinformation. This new context demands new social media policies that can aid policymakers in making evidence-based decisions for combating misinformation online. This paper reports on data collected from policymakers in Austria, Greece, and Sweden, using focus groups and in-depth interviews. Analyses provide insights into challenges and identify four important themes for supporting policy-making for combating misinformation: a) creating a trusted network of experts and collaborators, b) facilitating the validation of online information, c) providing access to visualisations of data at different levels of granularity, and d) increasing the transparency and explainability of flagged misinformative content. These recommendations have implications for rethinking how revised social media policies can contribute to evidence-based decision-making.
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| 22. |
-
Law, Solidarity and the Limits of Social Europe : Constitutional Tensions for EU integration
- 2022
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Ingår i: Law, Solidarity and the Limits of Social Europe. - : Edward Elgar Publishing.
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.
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| 23. |
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| 24. |
- Noll, Gregor, 1964, et al.
(författare)
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Receiving Ukrainian Refugees in the EU: A Case of Solidarity?
- 2023
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Ingår i: EU Responses to the Large-Scale Refugee Displacement from Ukraine: An Analysis on the Temporary Protection Directive and Its Implications for the Future EU Asylum Policy. - 9789294663948
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- The conceptual history of solidarity is intellectual¬ly incapacitating for any argument in support of a ‘human-centric’ form of resource sharing on egalitarian terms. In particular, we argue that it is histor¬ically wrong-headed to analyze the reception and protection of Ukrainians through the lens of solidarity alone. Rather, we suggest, the temporary pro-tection of Ukrainians is better understood as the outflow of an overarching alliance logic, embracing the totality of EU policies in this area, with the Syrian outflows as much as that of the Ukrainians
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| 25. |
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| 26. |
- Stoyanova, Vladislava, et al.
(författare)
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Hur gemensamma är de gemensamma EU-reglerna? : Svensk asylrätt i europeiskt perspektiv
- 2022
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- Every EU country must adapt its national regulations to the common EU and ECHR standards. There is, however, a certain discretion to apply the EU standards into national legislation. For those in need of protection, is Sweden more or less generous in comparison to the EU’s minimum rules?This study examines Swedish asylum legislation from a European perspective. Although EU Member States are bound by common rules and standards for the protection and reception of asylum seekers, States might differ in the interpretation and implementation of the common rules. The report focuses on the grounds for protection, residence permits and family reunification and analyses the way in which Sweden and other Member States have used the discretion allowed by EU law and the European Convention on Human Rights. The study seeks to offer a solid and up-to-date account on Swedish legislation on asylum and contribute to the debate on how the future of Swedish migration policy could be redesigned to align with international standards.
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| 27. |
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| 28. |
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| 29. |
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The New Asylum and Transit Countries in Europe During and in the Aftermath of the 2015/2016 Crisis
- 2018
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- Understanding the realities of protection in a Europe that had failed to manage the crisis in asylum that unfolded in 2015 and 2016 requires a comprehension of how law shapes and distorts refugee protection practices in frontline states. In this collection Vladislava Stoyanova and Eleni Karageorgiou provide an essential cartography of the state of asylum during the crisis. The volume captures four dynamics: the absorption of EU norms in Central and South Eastern Europe; the reaction in this region to the massive movement of asylum seekers in 2015 and 2016; the initiation of normative developments in the area of asylum during and beyond the crisis by the countries in this region; and the question of solidarity.
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