Guestlecture 1

Question 1

Why is the area of freedom security and justice (AFSJ) significant?

Answer 1

—Migration is a complex field, links to history and various policy fields (economy, culture, security, human rights)—Cooperation on internal security matters such as immigration, asylum policy, police cooperation. Key area for national sovereignty. —As opposed to the EMU, this field is initially established as an intergovernmental one.—Unlike the CFSP, it became much more supranational over time despite starting out with an intergovernmental structure. —A so-called ‘crisis’ in 2010s

Question 2

When did the cooperation start?

Answer 2

1.After WW2, Western Europe became an area of immigration: Guest workers, cross-border movement, increasing concern of transnational crime.2.After the SEA of 1987, necessity of stronger external border control.

Question 3

Trevi group and Schengen agreement

Answer 3

—1975:The TreviGroup (Terrorisme, Radicalisme, Extrémismeet Violence Internationale)—1985: Benelux, Germany, and France signed the Schengen Agreement:—Abolished their internal borders and became a single visa area.—Asylum, EU-wide visa policy, judicial cooperation, law enforcement matters such as drug trafficking. —Created a Schengen Information System—27 members today (4 non-EU members)

Question 4

1990 Dublin convention

Answer 4

—1990: Dublin Convention—Designation of one member state as responsible for asylum claim: typically the first EU state of arrival—Concepts of safe countries of origin & transit (to facilitate return of refugees)—Criticised as restrictive and weakening refugee protectio

Question 5

1951 convention relating to the status of refugees

Answer 5

—1951: Convention Relating to the Status of Refugees—Response to displacements during and after WWII—Definition of refugee—Rights of asylum seekers and refugees—Includes right to cross a border without appropriate travel document (Art 31)—But limited to European refugees at the time—Expanded later

Question 6

AFSJ in the pillars

Answer 6

—1991: The Maastricht Treaty formed the AFSJ as the third pillar. —1996: The Amsterdam Treaty communitarisedsome issues, moved from third pillar to first pillar:—Schengen Agreement placed under first pillar

Question 7

Frontex and Lisbon

Answer 7

—2004:Frontex (European Agency for the Management of Operational Cooperation at the External Borders)—Border control of Schengen Area in coordination with border and coast guards of member states —‘Fortress Europe’ debate —2009: —The Lisbon Treaty abolished the pillars and gave more powers to the supranational institutions.

Question 8

Externalisation agenda

Answer 8

—Global Approach to Migration and Mobility (GAMM)in 2011—Non-member states steered towards adopting policies to ease migratory pressure for EU —Focus: Southern Mediterranean & Eastern Partnership—‘More for more’ principle: trade benefits, visa facilitation or financial support for third countries if they—Strengthen border controls—Restrict visa policy—Readmit irregular migrants—Readmission agreements

Question 9

So called refugee crisis

Answer 9

—When does it start? Early 2010s: Arab Spring, war in Syria—3 October 2013: boat carrying refugees and other migrants sinks near Lampedusa, loss of over 360 lives—2015: Rise in asylum applications across the EU—Reinstating internal borders by some member states, effective suspension of Schengen acquis—August 2015: Germany suspends Dublin Regulation—EU appears paralysed

Question 10

Why is it so called?

Answer 10

Characterisation as a crisis is contested. —Not all migration to Europe is irregular. ‘Crisis’ is constructed in a certain way for a certain purpose (border control).—Irregular migration is a consequence of the narrowing of channels for regular/legal migration to Europe—EU needs migrant workers, offering opportunities for people in irregular situations (e.g. agriculture, food, social care)—EU’s own actions are tied to irregular migration and asylum (e.g. development, military intervention)—Vast majority of the displaced population in the world live in lower income countries and do not move to Europe

Question 11

Responding to the crisis

Answer 11

—EU’s approach to asylum more ‘restrictive’ than ‘liberal’, and involves a strong ‘externalisation’ agenda—European Agenda for Migration in 2015 replaced by New Pact on Migration and Asylum in 2020—Frontex gets a new mandate in 2016 (the European Border and Coast Guard Agency) and its budget grew from €142 million in 2015 to €460 million in 2020—Solidarity efforts failed: Hotspots in Greece and Italy as an emergency response, the quota debate to relocate refugees across Europe, new border controls within Schengen area

Question 12

Root causes of the EU loigc in its response to the refugee crisis

Answer 12

—Root causes logic: EU Emergency Trust Fund for Africa established in 2015 —Te n s i o n b e t w e e n s h o r t t e r m a n d l o n g t e r m g o a l s—Oxfam argues that its focus on border controls could hinder economic development—Stricter border controls increase demand for the services of smuggler

Question 13

Buffer zone logic

Answer 13

—Buffer zone logic: EU-Turkey Dealestablished in 2016—Frontex involvement in pushbacks (migrants being forced back right after entry without possibility of asylum request)—EU provides funds and training to so-called Libyan Coastguarddespite HR concerns in Libyan detention centres—Criminalisation of humanitarian aid to refugees (e.g. NGOs rescuing people at sea vs people smuggling)—But resistance to institutional and regulatory reform