EU Immigration Mediterranean

8/7/2019 EU Immigration Mediterranean

1/5

EU immig ration policy in the Mediterranean region:

Theory:

The paradigm of immigration. Selectiveness and discrimination of migrants.

Could/ should immigration policy be expanded to include more diverse strata of

people? The definition of immigrant and illegal immigrant tangible difference or

economic convenience?

Methods:

Questionnaires and interviews. If I want to address the question of theory and

reality of immigration in the Mediterranean region, immigrants, EU officials,

NGOs working with immigrants should be questioned: 1) What changes do

you expect from the Lisbon treaty in regards with HR as the Charter of

Fundamental Rights will become a legally binding document (too open,

SPECIFY!!!!);

EU officials can be interviewed while the rest are most likely to be sent

questionnaires. Low number of response is expected. Alternative could be the

use of secondary data. Would there be enough time left if

questionnaires/interviews started in October/November?

Analysis; questions to ask (need for refinement):

Has the EU effective immigration policy in the Mediterranean region? What is the

legal status of people coming from Africa, if they are not given the chance to

claim asylum (for instance, recent events in Italy)? Are there any sanctions for

the country? The difference between advocated policy and the silent reality.

Criminalisation of immigration. Would immigrants with terrorist intentions risk

crossing the Mediterranean sea in a simple boat? What are the legal ways (if

any) of immigrating and working in the EU for the third-country nationals and

why African migrants do not use them (risk lives instead)?

Reasons for migration. How has the economic crisis affected immigration?

Diminished the pressure? Or is true only for the immigration from EasternEurope?

Examples of fair and effective immigration policies in the Mediterranean region.

Their approach, methods. In other words, what would be the qualities of fair

immigration policy?

How does the EU shape the migration policy of Africa and how does immigration

from Africa shape the form of the response from the EU?

Common responsibility. How can/should other EU countries share the burden of

immigration? What responsibilities, for instance, does Italy as a country have andwhat duties the EU as a whole has?


2/5

Migration deal between the EU and Libya (remember BBC documentary)

What is my main question? What am I trying to find out?

Barcelona plan?

Overview, essence and main points/consequences in terms or migration

policies of the treaties/programmes: Hague, Tampere, Stockholm.

Italy's immigration policy creation/history Left and Right parties, limited

change, racist policies.

interviews/questionnaires: NGOs dealing with migrants from Africa, journalists

and academics in Italy, Greece, Spain, Cyprus; Representatives of Commission in

London. Find articles with original interviews with immigrants from Africa.

Human rights. Development of the latter from EUHR convention to

Stockholm programme: ne vien immigrantams is treciu saliu

pritaikomos sekimo praktikos, bet net ir europieciams recent exercise

on migration inside EU-track every person in and out. The creation of

database available to third parties/ absolute track of person's

movements/ finance status etc. (STATEWATCH ARTICLE TONY

BUANYAN SHAPE OF THINGS TO COME).

VISA TAI SUSIETI!!!!!!!!

negaliu klausti ar EU vykdo zmogaus teises, nes jie juk teigia, kad tuo ir

vadovaujasi pripazinta kaip vertybe. Bet kiek is tiesu tai vykdoma

praktikoj? Kiek is tiesu salys paklusta visom tom graziom deklaracijom?

Imam Italija kaip case study. Ir ziurim kaip elgiasi su immigrantais isAfrikos. Siuncia juos ir neleidzia applyinti for asylum.

Ar EU propoguojamos zmogaus teises (laisvas judejimas, duomenu

slaptumas-Stockholm, ) atsispindi realiai case study of Italy.

Immigration control in Italy

Is the theory of Human Rights (of free movement) reflected in the

practice of EU migration policies: immigration control in Italy. Bet

charter of human rights prades galioti nuo spalio2 (jei Airija ratifikuos)

ir taps tokia pat privaloma kaip Treaty. Tai taip iseina, kad siuo metu it

is not legally binding, therefore no claims can be made in the EuropeanCourt of Justice.


3/5

The situation of HR in Europe: The Council of Europe (separate from the EU) is

responsible for the European Convention on Human Rights (ECHR) and the European

Court of Human Rights. The Council of Europe is a separate body from the European

Union. Therefore, Human Rights in the EUs policies are protected and promoted by

the Charter of Fundamental Rights of the European Union (CFR). At this point, the

CFR is not a legally binding document in the EU. However, it is a part of Treaty ofLisbon, which was signed by member states in December 2007, but was rejected by

Ireland in a referendum on 12 June 2008 (QUOTE). Another referendum is scheduled

to take place on 2 October 2009, in the case of success of which, CFR will become a

legally binding document as a part of Treaty of Lisbon. The text of CFR is essentially in

accordance with the United Nations charter on Human Rights as well as with the EU

law (COMMON LAW, COMMUNITY LAW AND CASE LAW), and can be seen solely

as a confirmation of values of the EU. Nevertheless, the European Court of Justice will

be able to judge based on the text of CFR and so will claims made against human rights

violations.

What points of Charter of Fundamental Rights of the European Union am I comparingItalys (and so EUs) immigration policies with? Right to seek an asylum? What about

personal data protection and the Stockholm programme?

On what basis am I looking at Italys immigration policy (and so the EU as well) and

The Council of Europeis responsible for both the European Convention on Human Rights

and the European Court of Human Rights. These institutions bind the Council's members to a

code of human rights which, though strict, are more lenient than those of the United Nations

charter on human rights.[citation needed] The Council also promotes the European Charter for

Regional or Minority Languages and the European Social Charter.

The Council of Europe is separate from theEuropean Union, but the latter is expected to join

the European Convention and potentially the Council itself. The EU also has a separate

human rights document; the Charter of Fundamental Rights of the European Union.[13]. Since

March 2007 the EU disposes over a Fundamental Rights AgencyEuropean Fundamental

Rights Agency[14] based in Vienna (Austria). See on the latter: The EU Fundamental Rights

Agency: Satellite or Guiding Star? Raison d'etre, tasks and challenges of the EU's new

agency (a policy paper by SWP Berlin).[15]

From 2009 ironies in HR protection in the EU p.5- the commission required

the candidate countries to embrace non-existent European standards...

Positive developments in terms of HR protection in the EU:However, theconcerns highlighted during the enlargement process resonated tosome extent with the EU decision-makers and, in combination with certain otherdevelopments, served as a trigger for a number of changes which, according to GrainneDe Burca, have potentially very significant repercussions for the human rights policyof the EU.31Suffice it to mention here the1. introduction of Articles 6, 7 and 13 by the successive Treaties,2. the adoption of the non-discrimination directives under Article 13;3. the creation of the Commissions Network of Human Rights Experts,

4. the adoption of the non-binding Charter of Fundamental Rights,5. and the creation of the Fundamental Rights Agency.
http://en.wikipedia.org/wiki/Council_of_Europehttp://en.wikipedia.org/wiki/Council_of_Europehttp://en.wikipedia.org/wiki/European_Convention_on_Human_Rightshttp://en.wikipedia.org/wiki/European_Court_of_Human_Rightshttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttp://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttp://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttp://en.wikipedia.org/wiki/European_Charter_for_Regional_or_Minority_Languageshttp://en.wikipedia.org/wiki/European_Charter_for_Regional_or_Minority_Languageshttp://en.wikipedia.org/wiki/European_Social_Charterhttp://en.wikipedia.org/wiki/European_Unionhttp://en.wikipedia.org/wiki/European_Unionhttp://en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Unionhttp://en.wikipedia.org/wiki/Human_rights_in_Europe#cite_note-Junker_Council-12http://en.wikipedia.org/wiki/European_Fundamental_Rights_Agencyhttp://en.wikipedia.org/wiki/European_Fundamental_Rights_Agencyhttp://en.wikipedia.org/wiki/European_Fundamental_Rights_Agencyhttp://en.wikipedia.org/wiki/European_Fundamental_Rights_Agencyhttp://en.wikipedia.org/wiki/Human_rights_in_Europe#cite_note-13http://en.wikipedia.org/wiki/Human_rights_in_Europe#cite_note-13http://en.wikipedia.org/wiki/Human_rights_in_Europe#cite_note-14http://en.wikipedia.org/wiki/Human_rights_in_Europe#cite_note-14http://en.wikipedia.org/wiki/European_Convention_on_Human_Rightshttp://en.wikipedia.org/wiki/European_Court_of_Human_Rightshttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rightshttp://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttp://en.wikipedia.org/wiki/European_Charter_for_Regional_or_Minority_Languageshttp://en.wikipedia.org/wiki/European_Charter_for_Regional_or_Minority_Languageshttp://en.wikipedia.org/wiki/European_Social_Charterhttp://en.wikipedia.org/wiki/European_Unionhttp://en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Unionhttp://en.wikipedia.org/wiki/Human_rights_in_Europe#cite_note-Junker_Council-12http://en.wikipedia.org/wiki/European_Fundamental_Rights_Agencyhttp://en.wikipedia.org/wiki/European_Fundamental_Rights_Agencyhttp://en.wikipedia.org/wiki/Human_rights_in_Europe#cite_note-13http://en.wikipedia.org/wiki/Human_rights_in_Europe#cite_note-14http://en.wikipedia.org/wiki/Council_of_Europe


4/5

Further reforms are envisaged under the Lisbon Treaty that replaced the ConstitutionalTreaty, which grants the Charter binding effect and provides for theaccession of the EU to the ECHR. These advances are of a considerableimportance,not least if Europe is to lead by example in its relations with its external

partners EU HR policy transferred to third countries.

IMPORTANT - To begin with, the fundamental rights involved are notdirectly protected as such, but only indirectly as unwritten general principles. P.15Whilstrights can be defined in precise terms and may be restricted only under specifiedcircumstances, principles are relatively vague and uncertain in scope and mustinherentlysuffer exceptions.67 Another aspect of the divergence lies in the fact that the rightsidentified as being part of the unwritten European catalogue do not include all therights protected at national constitutional level.68 A further weakness is that, overall,few human rights cases reach the ECJ in the first place; the reasons include the potentialdiscouragement of the litigants by the lack of sympathy displayed by the ECJ towardsfundamental rights based arguments, the lack of visibility of Community fundamentalrights due to their unwritten state as general principles of law, and, last but not least,the infamously narrow standing rules for individual complaints under Article 230.69

provide examples of famous cases in ECJ (from the article ironies in HR) showing the double

standards; pre-accession and post-accession differences.

Italy being able to neglect ECtHR decisions and get away with it. Sending immigrants back to Tunisia,

though being told not to do so.

Rather than approaching the CEE constitutional courts as uncooperative, perhapstheir more vigorous approach to fundamental rights protection might legitimatelymerit some degree of accommodation in the common constitutional traditions thatform a key source in the system of fundamental rights protection in the EU.121 In thisrespect, some welcome developments were noted in the previous sections, such asadvances in the EUs general human rights policy (section I), as well as the signs in theECJ jurisprudence of a move towards a more rigorous review of proportionality of ECmeasures and willingness to give human rights based measures priority over marketfreedoms (section II.B). Here it would be fitting to note Everlings call, in the wake ofthe Banana decision, for a reconsideration of the attitude by the Court of Justice, as it isno longer imperative for it to act primarily as an integration motor; as a realConstitutional Court, it has to ensure a balanced equilibrium between the competences,rights and functions of the institutions, Member States and citizens.122The expectedentry into force of the Charter and the accession to the ECHR are certain to enhancefurther the fundamental rights protection in the EU. As regards the Charter, an

increased level of sensitivity to the national constitutional concerns might be warrantedunder Article 53 of the Charter, according to which the rights set out in the Charter willbe interpreted in accordance with the Member States constitutions,123 and Article I-5of the Constitutional Treaty, which grants protection to the fundamental constitutionalstructures of the Member States.Such a change might also be mandated

Negative attitudes toward migration: attitude change is driven by changing levels of

perceived group conflict. According to group conflict theorists (blalock 1967, Blumer

1958, Campbell 1965, Coser 1956, Olzak 1992, Quillian 1995) negative attitudes toward

alien groups stem from the view that certain prerogatives of the own group are

threatened by other groups. Negative outgroup sentiments can thus be seen as a

defensive reaction to perceived intergroup competition for scarce goods. These scarce


5/5

goods can relate to material interests (eg., affordable housing, well-paid jobs, resources

of the welfare state), which can be seen as particularly relevant during the

current rough economic climate, but also include power and status. The development

of perceived threat is a collective process by which a social group defines other groups

(Blumer 1958). Therefore, it would be inappropriate to conceive negative outgroup

attitudes as based solely on threats to the individual well-being; challenges to groupprivileges or status are equally as important (Bobo 1983, 1200). In Meuleman 2009

social science research

remember BBC documentary: eu's plan/partnership with Libya eu gives

money, libya sends people back to south.

Who is benefiting from EU's security policy- European Security Research

Programme (ESRP)?

Defence giants including Thales, Finmeccanica, EADS, Saab and Sagem Dfns

Scurit are

amongst a host of corporations to which the European Commission has turned to help set

the

agenda for security research, develop Homeland Security strategies for Europe, and bring

the

relevant security technologies to market. The report also reveals the full extent of Israels

participation in a rapidly developing EU security-industrial complex, which is controversial in

the

light of widespread criticism of Israel's security policies and human rights record.

Documents

EU Immigration Mediterranean