Immigration And Criminal Law in the European Union
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It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.
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Falcon Chambers , Paul Morgan. Malta and other Member States willing to share protection responsibilities by receiving the rescued. Unfortunately, ad hoc, emergency driven, partial solidarity remains the hallmark of the EU approach and yet contradicts the foundational promise of the European Union as a body that will provide a unified response, considering the interests of all EU countries and being fair to third country nationals.
In addition, this is against the letter and spirit of Article 80 TFEU which requires the EU policies on asylum, migration and border management to be based on a fair sharing of responsibilities.
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Whilst the agreement announced earlier this week led by France and Germany purports to address some of the uncertainty of the situation in the Mediterranean, it does so to the detriment of the principled solidarity that is both needed to find an equitable solution to the migration situation and required by the EU Treaties.
Over the past months, we have seen a range of situations where ad hoc arrangements are negotiated at the last minute, often involving rescue vessels being denied entry to port and disembarkation until such an arrangement is finalised. Incidents off the shores of Malta and Italy illustrate the risks of this approach.
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As various commentators noted, Malta and Italy have been using the fact that these individuals were out at sea, in grave danger, as a bargaining chip towards securing some form of responsibility-sharing arrangement with other Member States. Unfortunately, this situation is now all too frequent.
This adds another degree of nuance to the solidarity debate. As a result, hard international law obligations are made conditional upon commitments by other States. Disembarkation and access to safety is made conditional on other States agreeing to take responsibility for rescued persons. Moreover, it is a response whereby NGOs are having to step in to offer a basic service which States have a responsibility, along with shipmasters, to offer — the rescue of persons in distress at sea.
This is hardly new — over the years we have seen NGOs and other civil society organisations offering integration support, accommodation and basic reception services to asylum seekers where States failed to do so. Over the last few years, this has been played out at sea with migrant rescues increasingly being left in the hands of a handful of NGOs whilst States retreat from their obligations in this context. The argument presented by proponents of this approach is that NGO rescues and the availability of a rescue apparatus acts as a pull factor.
The reality is that hundreds and thousands of individuals — men, women and children — have lost their lives at sea because they were not rescued. These deaths are foreseeable and in the most part they are preventable see here.
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These deaths are a stark reminder of the failure of solidarity on all three levels suggested above. Not only are they left alone to offer these services, every attempt is being made to stop them from this task. We have seen examples of this in Italy and Malta with representatives of NGO rescue vessels and the vessels themselves being detained, investigated and prosecuted under a number of pretexts from migrant smuggling to inadequate vessel registration.
Meanwhile, political discourse continues to frame these rescues as supporting smugglers in attempts to discredit their efforts. This occurs despite calls from EU Agencies and International Organisations to facilitate such efforts and extend State rescue efforts in the Mediterranean. Given the above, another feature of European asylum solidarity emerges, whereby protecting those who are fortunate to have been rescued is coupled with a wider and stronger push to stop people arriving in Europe exclusive solidarity.