Humanitarian Admission to Europe: The Law between Promises and Constraints

Prof. Dr. Marie-Claire Foblets; Dr. Luc Leboeuf

doi:10.5771/9783845298603

Summary

Bringing together contributions from legal scholars and practitioners, this book contributes to a broader reflection on the extent to which policy controversies on humanitarian admission to Europe are channeled and managed through law.

The book is divided into four parts. The first part identifies the international and European legal obligations that are binding on both the EU and the Member States, and the constraints they impose – potentially and actually – when dealing with migrants who are outside EU territory. The second part studies the legal framework of humanitarian admission in three Member States (Germany, Italy and Belgium), as well as the related procedures and practices. The third part focuses on the experiences of those seeking humanitarian admission, including how they mobilize the law to obtain legal access to Europe. It presents the results of ethnographic fieldwork conducted among refugees in a refugee camp in Uganda who are seeking resettlement, as well as the testimony of the lawyer who defended a Syrian family applying for a humanitarian visa in Belgium in a landmark case that was litigated before the CJEU (X. and X. v. Belgium). The fourth part discusses the prospects for future developments in the EU legal and policy framework, including attempts at reforming the EU Visa Code and establishing a Union resettlement framework.

The book is edited by Marie-Claire Foblets and Luc Leboeuf, both from the Department of Law and Anthropology of the Max Planck Institute for Social Anthropology.

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Bibliographic data

Edition: 1/2020
Copyright Year: 2020
ISBN-Print: 978-3-8487-5730-5
ISBN-Online: 978-3-8452-9860-3
Publisher: Nomos, Baden-Baden
Series: Schriften zum Migrationsrecht
Volume: 30
Language: English
Pages: 371
Product Type: Edited Book

Titelei/InhaltsverzeichnisPages 1 - 10 Download chapter (PDF)
1. IntroductionPages 11 - 13 Download chapter (PDF)
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  1. 1.1 From ‘Legal Avenues’ and ‘Safe Pathways’, to ‘Humanitarian Visas’ and other ‘Protected Entry Procedures’
  2. 1.2 Policy Developments at EU Level. A Focus on Resettlement
3. 2 Litigation for Humanitarian Admission to EuropePages 27 - 31 Download chapter (PDF)
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  1. 3.1 The CJEU Invoking the Limits to its Competence of Judicial Review
  2. 3.2. Some Limits to the Intervention of Courts in Policy Debates on Humanitarian admission to Europe
5. 4 The Revolving Doors of the Rule of LawPages 39 - 42 Download chapter (PDF)
6. 5 The Law Between Promises and ConstraintsPages 43 - 46 Download chapter (PDF)
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  1. Introduction
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  2. 1 A Major Discrepancy Between Moral Claim and Legal Reality
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    1. 2.1 The Scope of Human Rights - Territory, Jurisdiction and Beyond?
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      1. 2.2.1 The Standard of the ICCPR
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      2. 2.2.2 The Standard of the ICESCR
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    3. 2.3 The Exercise of Jurisdiction and Resulting Human Rights Obligations in Embassies
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    4. 2.4 Inside Jurisdiction and/or Territory, but Outside Full Human Rights Protection
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  4. Conclusion and Outlook
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    1. Between a Rock and a Hard Place: The Plight of the Syrian Family and the Externalisation of Border Control by the EU
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    2. The Common European Asylum System (CEAS)
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    3. Schengen and the EU Legal Framework on Visas
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  2. Protected Entry Procedures and Humanitarian Visas
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  3. The Problem of the ‘Foot in the Door’ to the EU
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  4. The Situation of the Syrian Family
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  5. The ECJ’s Interpretation of EU Law
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  6. The Application of the EU Fundamental Rights Framework to Humanitarian Visas
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  7. The Political Questions: Policy and Legislative Discussions at the EU Level
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  8. Conclusion
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  1. Introduction
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  2. 1. The Setting of the Play: The Right of Asylum, a Right ‘of the Foot in the Door’
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  3. 2. The Need for Legal Avenues
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  4. 3. X & X: Does EU LAW require EU States to Open Legal Avenues for Asylum Seekers?
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    1. 4.1 The text
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    2. 4.2 The Inconstancy of the Criteria of Intention
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    3. 4.3 The Forgotten Possibility for a Prolongation
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  6. 5. Scope of Application of EU Asylum Law
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  7. 6. Consequences on the Application of the EU Charter
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  8. 7. The scope of territorial jurisdiction of the European Convention of Human Rights
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  9. 8. Access to Justice and the Criteria of the Availability of an Alternative
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  10. 9. Bridging the Gaps in Access to Justice: the Global Compact for Refugees
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  1. 1 Introduction
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    1. 2.1 Legal basis of the humanitarian corridors
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    2. 2.2 The MoUs for the humanitarian corridors: signatories, selection of countries and number of humanitarian visas
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    3. 2.3 The process of identification and selection of beneficiaries for the humanitarian corridors
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      1. 2.4.1 ‘Vulnerability’
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      2. 2.4.2 Integration in Italy and avoidance of secondary movements
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    5. 2.5 Reception of beneficiaries: legal status and support provided after arrival
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    6. 2.6 Perspectives for enhancement and replication of the humanitarian corridors in other countries
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    7. 2.7 Shortcomings
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  3. 3 Other uses of humanitarian visas and instances of ad-hoc entry measures
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    1. 4.1. The debate on the need of EU legislation on protected entries
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      1. 4.2.1 Subjective right
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      2. 4.2.2 Procedural guarantees
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  5. 5 Conclusion
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  6. Appendix
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  1. 6.1 Introduction
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  2. 6.2 Admission in exceptional individual cases
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    1. 6.3.1 HAP Syria 1 – 3: Procedure and beneficiaries
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    2. 6.3.2 Admissions on the basis of the EU-Turkey-Statement: HAP Turkey
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    1. 6.4.1 Private sponsorship programmes for relatives of Syrian nationals in Germany
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    2. 6.4.2 Controversies raised by private sponsorship: Duration of financial commitments
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    1. 6.5.1 Beneficiaries of resettlement
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    2. 6.5.2 Resettlement procedures
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    3. 6.5.3 Germany’s commitment to the EU resettlement programme: A game of numbers
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    1. 6.6.1 The mentorship scheme as novelty to resettlement
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    2. 6.6.2 NesT – Weak resettlement or improved private-sponsorship?
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      1. 6.7.1.1 Reception and place of residence
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      2. 6.7.1.2 Duration of stay and options of permanent settlement
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      3. 6.7.1.3 Access to work, social benefits and language courses
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      4. 6.7.1.4 The travel document as ‘Achilles heel’ of resettlement refugee status
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      1. 6.7.2.1 Family reunification depends on the method of arrival
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      2. 6.7.2.2 Family reunification depends on the time of arrival: The changing laws and policies regarding beneficiaries of subsidiary protection
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  8. 6.8 Conclusion
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  1. Introduction
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  2. 1 The Legislation
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  3. 2 The Administrative Practices and Case Law
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  4. Conclusion: The Pending Questions
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  1. Introduction
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  2. 1 A Word on Method
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    1. 2.1 Conforming to Vulnerability Categories
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    2. 2.2 Multiplying Soft Law Regimes
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    1. 3.1 Dependency on aid system
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    2. 3.2 Climate Change
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    3. 3.3 Economic Dimension
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    4. 3.4 Poor Infrastructure
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    5. 3.5 Contested Concept of ‘Family’
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    6. 3.6 Conflict of Interest in the Provision of Aid Services
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    7. 3.7 The Exercise of Discretion by Aid Agencies
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  5. 4 Escaping Vulnerability: Survival Strategies
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  6. Conclusion
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2. Chapter 8: Making the Case X&X for the Humanitarian VisaPages 271 - 282
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  1. Introduction
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    1. 1.1. Emphasis on resettlement in the context of crisis
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    2. 1.2. Elements of the emerging EU resettlement law
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    1. 2.1. Towards replacing territorial asylum procedures?
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    2. 2.2. Towards externalising responsibility?
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    1. 3.1. Resettlement as a component of the Common European Asylum System
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    2. 3.2. Objective I: Providing international protection
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    3. 3.3. Objective II: Complementing territorial asylum procedures
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    4. 3.4. Objective III: Sharing international responsibility
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  5. Conclusion
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  1. 1. Introduction
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    1. 2.1 What do we mean by humanitarian visa?
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    2. 2.2. Humanitarian visas and EU fundamental rights
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  3. 3. Current Regulatory Framework
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    1. 4.1 From the Treaty of Amsterdam to the Stockholm Programme
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    2. 4.2. From the Stockholm Programme to the migration crisis
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    3. 4.3 The LIBE Committee´s legislative own-initiative report
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  5. 5. Some concluding observations
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  1. The Long-term Path: Visa Facilitation and Suppression
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  2. The Short-term Path: Judicial Control
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