Tag Archives: European Journal of Migration and Law

EJML Article, B Nascimbene and A Di Pascale: “The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa”

The latest edition of the European Journal of Migration and Law, Volume 13, Number 4, contains an article by Bruno Nascimbene, Professor of European Union Law, Faculty of Law, University of Milan, and Alessia Di Pascale, Research Fellow, European Union Law, Faculty of Law, University of Milan, entitled “The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa”.

Abstract: “The ‘Arab spring’ which spread in early 2011 and the consequent exceptional influx of people that arrived on the Italian coasts from North Africa put the national reception and asylum systems under particular pressure, also raising the debate on the status to be attributed to these people. Faced with a situation out of the ordinary, Italy immediately addressed a request for help to the European Union, which has revealed the difference of views and mistrust existing between Member States in relation to these issues. This episode also calls into question the scope and effectiveness of the EU migration management framework, particularly in case of strong and unexpected pressure, and its implementation in a true spirit of solidarity.”

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Filed under Analysis, European Union, Frontex, Italy, Libya, Mediterranean, Tunisia, UNHCR

EJML Article, Stefanie Grant: “Recording and Identifying European Frontier Deaths”

The latest edition of the European Journal of Migration and Law, Volume 13, Number 2, contains an article by Stefanie Grant, University of Sussex, entitled “Recording and Identifying European Frontier Deaths.”

Abstract: “Migrant deaths at EU maritime borders have more often been seen in the context of national border control, than in terms of migrant protection and human rights. The 2009 Stockholm Programme accepted the need for action to avoid tragedies at sea, and to `record’ and `identify’ migrants trying to reach the EU. But it did not specify how this should be done. There are parallels between these migrant deaths, and deaths which occur in conflict and humanitarian disaster. The principles of human rights and humanitarian law which apply in these situations should be developed to create legal and policy frameworks for use in the case of migrants who are missing or who die on EU sea frontiers. The purpose would be to enable evidence of identity to be preserved, to protect the rights of families to know the fate of their relatives, and to create common national and international procedures.”

“This article draws on publications by the author, including: ‘Migration and frontier deaths: a right to identity’, in Marie Bénédicte-Dembour and Tobias Kelly (eds.), Are Human Rights for Migrants?: Critical Reflections on the Status of Irregular Migrants in Europe and the United States, Abingdon, Routledge, 2011 [in press]; ‘The Legal Protection of Stranded Migrants’, in Ryszard Cholewinski, Richard Perruchoud and Euan Macdonald (eds.), International Migration Law: Developing Paradigms and Key Challenges, The Hague, T.M.C. Asser Press, 2007, pp. 29–48; and ‘International Migration and Human Rights’; expert paper for the Global Commission on International Migration (GCIM), 2005.”

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Filed under Analysis, Eastern Atlantic, European Union, Mediterranean

Article: “A Contested Asylum System: The European Union between Refugee Protection and Border Control in the Mediterranean Sea”

An article in the most recent edition (Vol. 12, Number 1, 2010) of the European Journal of Migration and Law by Silja Klepp:


“During the past few years the border waters between Europe and Africa have become an EU-policy crucible. In the midst of the tightening of EU border controls and refugee protection claims, supranational, national and local actors find themselves in a phase of legal insecurity and negotiation. This article is based on ethnographical research carried out in Libya, Italy and Malta. It sheds light on the different actors’ practices at sea and in the surrounding border region. It also explores how new parameters for refugee protection are emerging in the border regions of the European Union. The article argues that the policy practices of the co-operation between Italy and Libya as well as the informal operational methods carried out in the Mediterranean Sea function as a trailblazer of the overall EU refugee policy. In the long term, some of these practices will affect and change the legal basis and the formal regulations of the European refugee regime. The principle of non-refoulement could first be undermined and then abolished in this process. Using an approach that combines the empirical study of border regions with a legal anthropological perspective, the article analyses the Union’s processes of change and decision-making on local, national and supranational levels and their interconnections.”

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Filed under Analysis, European Union, Italy, Libya, Malta, Mediterranean