Recent publications by Interest Group members

Nikolaos Sitaropoulos wrote a paper entitled ‘Migrant Ill-Treatment in Greek Law Enforcement: Are the Strasbourg Court Judgments the Tip of the Iceberg?’, which is available on SSRN. The paper provides an analysis of the first major judgments of the Strasbourg Court which usefully shed light on the underlying, long-standing systemic failures of the Greek rule of law. The author argues that these judgments are in fact only the tip of the iceberg. For this the paper looks into the process of supervision of these judgments’ execution by Greece, which is pending before the Council of Europe Committee of Ministers, as well as into alarming reports issued notably by CPT as well as by the Greek Ombudsman. The paper also highlights the question of racial violence that has not been so far the subject of analysis in the Court’s judgments concerning ill-treatment in Greece. However, a number of reports, especially the annual reports of the Greek Racist Violence Recording Network since 2012, record numerous cases of racist violence by law enforcement officials targeting migrants and the ineffective responses by the administrative and judicial authorities.  The paper’s concluding observations provide certain recommendations in order to enhance Greek law and practice and eradicate impunity.

We also want to bring three publications of another member, Vincent Chetail, to your attention. ‘Sovereignty and Migration in the Doctrine of the Law of Nations: An Intellectual History of Hospitality from Vitoria to Vattel’, appeared in the European Journal of International Law (Vol. 26, No. 4) and is also available on SSRN. In this article, the author reminds us that the movement of persons across borders is a permanent feature of history that has been framed by international law for ages. Insights on the dialectic between sovereignty and hospitality, offer us innovative ways for rethinking migration, the author argues. In ‘Is There Any Blood on My Hands? Deportation as a Crime of International Law’ (Leiden Journal of International Law, Vol. 29), available here, Vincent Chetail sets out how deportation – although traditionally a prerogative of the state – may degenerate an international crime. Vincent Chetail also wrote ‘Migration and International Law: A Short Introduction’ for his edited volume on International Law and Migration. In this short intro, the author offers a general overview of the international legal framework governing migration, while taking stock of key issues and academic debates.

Boldizsár Nagy produced a study entitled ‘Hungarian Asylum Law and Policy in 2015-2016: Securitization Instead of Loyal Cooperation’, which appeared in a special issue of the Germal Law Journal (Vol. 17, No. 06) on Constitutional Dimensions of the Refugee CrisisThe study describes  Hungary’s policy towards asylum seekers  and refugees in the tense period of 2015–2016 before and after the erection of fences at its southern borders of Hungary. It offers a theoretical explanation of the legal measures and practical  actions.  After briefly reviewing the factual basis,  that is the  magnitude of the movements and the number of decisions taken in the EU and in Hungary and the pertinent legal changes in 2015– 2016  it elaborates the theoretical fundaments.  Securitization  majority identitarian populism and crimmigration are invoked as explanatory frames. The paper then  reassembles the factual elements under six headings showing them in a new light. These are: denial,  deterrence, obstruction, punishment, free riding constituting  lack of solidarity and breaching the law (international, European, domestic). Finally the question is raised if all these moves are compatible with the duty of loyal co-operation of Member States with eachother and the EU as prescribed by  article Article 4 (3) TEU.

 

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