- Lund, Skåne, Sweden
Eleni Karageorgiou
Lund University, Department of Law, Department Member
- International lawyer, Ragnar Söderberg Postdoctoral Fellow,
Lund University, Sweden.edit
This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs on request of the Parliament’s Committee on Civil Liberties and Justice, aims to provide a detailed mapping and... more
This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs on request of the Parliament’s Committee on Civil Liberties and Justice, aims to provide a detailed mapping and analysis of the central legal changes and issues characterising the five main legislative proposals accompanying the Pact on Migration and Asylum, presented by the Commission in September 2020. The legislative instruments under consideration include a new Screening Regulation, an amended proposal for an Asylum Procedures Regulation, an amended proposal revising the Eurodac Regulation, a new Asylum and Migration Management Regulation, and a new Crisis and Force Majeure Regulation. As a second step, the study provides a critical assessment of the five proposals as to their legal coherence, fundamental rights compliance, and application of the principle of solidarity and fair sharing of responsibility enshrined in Article 80 TFEU.
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Because of the scale of global displacement, in particular from Syria, the European Union (EU) has stressed the need to work on an effective asylum and immigration policy through more robust forms of cooperation internally, between Member... more
Because of the scale of global displacement, in particular from Syria, the European Union (EU) has stressed the need to work on an effective asylum and immigration policy through more robust forms of cooperation internally, between Member States, and externally, with third countries. This contribution investigates the extent to which the EU rules for distributing asylum responsibilities genuinely address the requirement of solidarity set out in EU law. It focuses on the Dublin system, which forms the main intra-EU responsibility allocation mechanism, and on the EU–Turkey partnership as an external mechanism. It suggests that instead of relieving countries that have disproportionate protection responsibilities and guaranteeing protection for every individual in need, such practices achieve the opposite. They ensure that overburdened countries remain the main protection providers and that the movement of refugees is strictly managed. This leads to the debasement of the right to asylum contrary to international and European law.
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Although the vast majority of Syrians flee to neighboring countries, an increasing number is trying to reach European soil. On one end of the spectrum, individuals escape their war-torn country seeking protection elsewhere and on the... more
Although the vast majority of Syrians flee to neighboring countries, an increasing number is trying to reach European soil. On one end of the spectrum, individuals escape their war-torn country seeking protection elsewhere and on the other end the European Union (EU) and its Members States bear specific obligations for granting protection, stemming from their international and regional legal commitments. Drawing from the UNHCR estimations that the exodus is evolving rapidly and in light of Article 80 TFEU and the objectives by the European Council, the EU needs to adopt policies which emphasize the full and inclusive application of the 1951 Refugee Convention and promote a fair distribution of asylumrelated responsibilities amongst EU states. The present article investigates how the Syrian refugee crisis triggers practices of sharing within the EU. It describes how the different EU sharing mechanisms have been responding to the asylum-related pressures and critically analyzes their distributive effects. The main proposition is that the way in which sharing is being understood in the European asylum policies and applied in the areas covered by those policies (protection and treatment of individuals, European agencies’ role, relations between the EU and third countries) has significant consequences on the institution of asylum and the protection granted
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This chapter details how States and regions use safe third country (STC) practices to deny protection to asylum seekers and refugees on the grounds that they have, or may have, protection in another country. The STC notion originated in... more
This chapter details how States and regions use safe third country (STC) practices to deny protection to asylum seekers and refugees on the grounds that they have, or may have, protection in another country. The STC notion originated in Switzerland in 1979, spread throughout Europe in the 1980s, and was adopted by the European Union and countries such as Australia and Canada in the 1990s. Since then, developments in STC law and practice globally include new bilateral agreements, reforms to STC provisions in domestic and supranational legislation, and landmark decisions of superior courts. The chapter studies these changes in Europe, Australia, and North and South America, focusing in particular on the period from 2010 to 2020. It argues that there has been a dilution of STC protection standards in these four regions. The thresholds for effective protection have diminished and are lower than the minimum laid down in international treaties. Moreover, in the introduction and evolution of these STC practices, lawmakers and judges have disregarded the legal principle of international solidarity. While STC practices have long been critiqued as burden-shifting rather than -sharing, new STC law and jurisprudence exacerbates inequities between States with respect to responsibility for hosting refugees.
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Blog post addressing the way in which ad hoc, situation-specific forms of solidarity have taken over migration management in the Mediterranean and the implications for the EU, Solidarity more broadly and displaced persons.
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This blog post is a summary of the main points raised in our paper ‘The EU building borders: West Africa, Western Balkans and the Mediterranean’ that was presented at the RLI Fourth Annual Conference in London, UK. In this paper we... more
This blog post is a summary of the main points raised in our paper ‘The EU building borders: West Africa, Western Balkans and the Mediterranean’ that was presented at the RLI Fourth Annual Conference in London, UK. In this paper we essentially ask how solidarity works between the Schengen countries and how this feeds into the externalization of the EU migration policy debate.
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It is easy to get carried away with the rhetoric of solidarity. Rethinking solidarity aims to problematize the way that solidarity has been conceptualized and applied as a governing principle of EU asylum law and policy, in particular as... more
It is easy to get carried away with the rhetoric of solidarity. Rethinking solidarity aims to problematize the way that solidarity has been conceptualized and applied as a governing principle of EU asylum law and policy, in particular as a response to the 2015–2016 ‘refugee crisis’. Navigating through a family of ideas – from Aristotle’s philia, Christian agape, and Roman law to French solidarism, and European unity – Rethinking solidarity claims that there is an inherent dichotomy in the way the concept has been put to use rhetorically. It contends that, despite the fact that solidarity is coupled with a language of fairness, it is this antagonistic core of the concept that has been instrumentalized in the context of European asylum policy. Rethinking solidarity in refugee law thus requires not only more responsibility sharing amongst states but – most importantly – an understanding of and attendance to the varying visions of community each actor brings to the table when invoking solidarity. (Less)
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This contribution serves as the introduction to the edited volume titled 'The New Asylum and Transit Countries in Europe. During and in the Aftermath of the 2015/2016 Crisis'. In particular it provides an overview of the four... more
This contribution serves as the introduction to the edited volume titled 'The New Asylum and Transit Countries in Europe. During and in the Aftermath of the 2015/2016 Crisis'. In particular it provides an overview of the four dynamics captured in the volume. The first one concerns the absorption of EU norms in Central and South Eastern Europe. The second dynamic is the reaction by the counties in this region to the massive movement of asylum seekers in 2015 and 2016 through their territories. The third dynamic captured in the edited volume is how, despite the dictates of the EU and the EU asylum legislation, the countries in question have used their autonomy and have initiated their own normative developments in the area of asylum during and beyond the crisis. The final dynamic addressed in this book concerns the question of solidarity and shared responsibility among EU Member States in the area of asylum.
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Given the current scale of global displacement, in particular from Syria, and the rising death toll of individuals crossing the Mediterranean, the European Union has emphatically stressed the need to work on an effective asylum and... more
Given the current scale of global displacement, in particular from Syria, and the rising death toll of individuals crossing the Mediterranean, the European Union has emphatically stressed the need to work on an effective asylum and immigration policy, through more robust forms of cooperation between Member States. Following the Agenda on Migration in May 2015, a set of new measures and proposals to reform the existing framework on asylum have been launched, including, inter-alia, an emergency relocation mechanism, a proposal to reform the Dublin Regulation, and the development of the EU-Turkey partnership. Their main objective is “to ensure an efficient response to the increased arrivals of refugees and migrants in the EU” and “a high degree of solidarity between the Member States” along the lines of Article 80 TFEU. This begs the question of what solidarity, as the guiding principle of European immigration and asylum policies, entails in terms of states’ obligations and to what extent these obligations have been enforced in view of the current critical situation in Europe. The present paper explores the meaning and functions of the principle of solidarity enshrined in Article 80 TFEU based on the ways in which it has been operationalized through these measures. (Less)
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This intervention briefly goes through two schemes that allocate asylum-related responsibilities between states: the Dublin mechanism within the EU and the EU-Turkey statement. By identifying their flaws, the paper suggests that although... more
This intervention briefly goes through two schemes that allocate asylum-related responsibilities between states: the Dublin mechanism within the EU and the EU-Turkey statement. By identifying their flaws, the paper suggests that although solidarity has been invoked as a response to the so-called “refugee crisis”, the way it has been conceptualised makes it part of the problem.
Research Interests:
This is an analysis of the recently proposed amendments in the Swedish asylum legislation under the prism of intra-EU solidarity. The main issue raised is the extent to which an EU state may downgrade protection and block entry in its... more
This is an analysis of the recently proposed amendments in the Swedish asylum legislation under the prism of intra-EU solidarity. The main issue raised is the extent to which an EU state may downgrade protection and block entry in its territory to asylum seekers and refugees without proper identification documents with the motivation that this might evoke more EU solidarity and responsibility.
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ABSTRACT Although the vast majority of Syrians flee to neighboring countries, an increasing number is trying to reach European soil. On one end of the spectrum, individuals escape their war-torn country seeking protection elsewhere and on... more
ABSTRACT Although the vast majority of Syrians flee to neighboring countries, an increasing number is trying to reach European soil. On one end of the spectrum, individuals escape their war-torn country seeking protection elsewhere and on the other end the European Union (EU) and its Members States bear specific obligations for granting protection, stemming from their international and regional legal commitments. Drawing from the UNHCR estimations that the exodus is evolving rapidly and in light of Article 80 TFEU and the objectives by the European Council, the EU needs to adopt policies which emphasize the full and inclusive application of the 1951 Refugee Convention and promote a fair distribution of asylum-related responsibilities amongst EU states. The present article investigates how the Syrian refugee crisis triggers practices of sharing within the EU. It describes how the different EU sharing mechanisms have been responding to the asylum-related pressures and critically analyzes their distributive effects. The main proposition is that the way in which sharing is being understood in the European asylum policies and applied in the areas covered by those policies (protection and treatment of individuals, European agencies’ role, relations between the EU and third countries) has significant consequences on the institution of asylum and the protection granted.
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This study reports the development of a bioprocess involving the valorization of biodiesel-derived glycerol as the main carbon source for cell proliferation of Yarrowia lipolytica strains and production of metabolic compounds, i.e.,... more
This study reports the development of a bioprocess involving the valorization of biodiesel-derived glycerol as the main carbon source for cell proliferation of Yarrowia lipolytica strains and production of metabolic compounds, i.e., citric acid (Cit), polyols, and other bio-metabolites, the substitution of process tap water with olive mill wastewater (OMW) in batch fermentations, and partial detoxification of OMW (up to 31.1% decolorization). Increasing initial phenolics (Phen) of OMW-glycerol blends led to substantial Cit secretion. Maximum Cit values, varying between 64.1–65.1 g/L, combined with high yield (YCit/S = 0.682–0.690 g Cit/g carbon sources) and productivity (0.335–0.344 g/L/h) were achieved in the presence of Phen = 3 g/L. The notable accumulation of endopolysaccharides (EPs) on the produced biomass was determined when Y. lipolytica LMBF Y-46 (51.9%) and ACA-YC 5033 (61.5%) were cultivated on glycerol-based media. Blending with various amounts of OMW negatively affected...
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This intervention briefly goes through two schemes that allocate asylum-related responsibilities between states: the Dublin mechanism within the EU and the EU-Turkey statement. By identifying their flaws, the paper suggests that although... more
This intervention briefly goes through two schemes that allocate asylum-related responsibilities between states: the Dublin mechanism within the EU and the EU-Turkey statement. By identifying their flaws, the paper suggests that although solidarity has been invoked as a response to the so-called “refugee crisis”, the way it has been conceptualised makes it part of the problem.
Research Interests:
Blog post addressing the way in which ad hoc, situation-specific forms of solidarity have taken over migration management in the Mediterranean and the implications for the EU, Solidarity more broadly and displaced persons.
Research Interests:
Given the current scale of global displacement, in particular from Syria, and the rising death toll of individuals crossing the Mediterranean, the European Union has emphatically stressed the need to work on an effective asylum and... more
Given the current scale of global displacement, in particular from Syria, and the rising death toll of individuals crossing the Mediterranean, the European Union has emphatically stressed the need to work on an effective asylum and immigration policy, through more robust forms of cooperation between Member States. Following the Agenda on Migration in May 2015, a set of new measures and proposals to reform the existing framework on asylum have been launched, including, inter-alia, an emergency relocation mechanism, a proposal to reform the Dublin Regulation, and the development of the EU-Turkey partnership. Their main objective is “to ensure an efficient response to the increased arrivals of refugees and migrants in the EU” and “a high degree of solidarity between the Member States” along the lines of Article 80 TFEU. This begs the question of what solidarity, as the guiding principle of European immigration and asylum policies, entails in terms of states’ obligations and to what ext...
Research Interests:
It is easy to get carried away with the rhetoric of solidarity. Rethinking solidarity aims to problematize the way that solidarity has been conceptualized and applied as a governing principle of EU asylum law and policy, in particular as... more
It is easy to get carried away with the rhetoric of solidarity. Rethinking solidarity aims to problematize the way that solidarity has been conceptualized and applied as a governing principle of EU asylum law and policy, in particular as a response to the 2015–2016 ‘refugee crisis’. Navigating through a family of ideas – from Aristotle’s philia, Christian agape, and Roman law to French solidarism, and European unity – Rethinking solidarity claims that there is an inherent dichotomy in the way the concept has been put to use rhetorically. It contends that, despite the fact that solidarity is coupled with a language of fairness, it is this antagonistic core of the concept that has been instrumentalized in the context of European asylum policy. Rethinking solidarity in refugee law thus requires not only more responsibility sharing amongst states but – most importantly – an understanding of and attendance to the varying visions of community each actor brings to the table when invoking s...
Research Interests:
This blog post is a summary of the main points raised in our paper ‘The EU building borders: West Africa, Western Balkans and the Mediterranean’ that was presented at the RLI Fourth Annual Conference in London, UK. In this paper we... more
This blog post is a summary of the main points raised in our paper ‘The EU building borders: West Africa, Western Balkans and the Mediterranean’ that was presented at the RLI Fourth Annual Conference in London, UK. In this paper we essentially ask how solidarity works between the Schengen countries and how this feeds into the externalization of the EU migration policy debate.
Research Interests:
Research Interests:
This is an analysis of the recently proposed amendments in the Swedish asylum legislation under the prism of intra-EU solidarity. The main issue raised is the extent to which an EU state may downgrade protection and block entry in its... more
This is an analysis of the recently proposed amendments in the Swedish asylum legislation under the prism of intra-EU solidarity. The main issue raised is the extent to which an EU state may downgrade protection and block entry in its territory to asylum seekers and refugees without proper identification documents with the motivation that this might evoke more EU solidarity and responsibility.
Research Interests:
Research Interests:
This contribution serves as the introduction to the edited volume titled 'The New Asylum and Transit Countries in Europe. During and in the Aftermath of the 2015/2016 Crisis'. In particular it provides an overview of the four... more
This contribution serves as the introduction to the edited volume titled 'The New Asylum and Transit Countries in Europe. During and in the Aftermath of the 2015/2016 Crisis'. In particular it provides an overview of the four dynamics captured in the volume. The first one concerns the absorption of EU norms in Central and South Eastern Europe. The second dynamic is the reaction by the counties in this region to the massive movement of asylum seekers in 2015 and 2016 through their territories. The third dynamic captured in the edited volume is how, despite the dictates of the EU and the EU asylum legislation, the countries in question have used their autonomy and have initiated their own normative developments in the area of asylum during and beyond the crisis. The final dynamic addressed in this book concerns the question of solidarity and shared responsibility among EU Member States in the area of asylum.
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Looking at Article 2 TEU, this contribution considers that there is an external and an internal crisis of values: the former referring to challenges to EU values coming from individual Member States which prioritize their own agendas and... more
Looking at Article 2 TEU, this contribution considers that there is an external and an internal crisis of values: the former referring to challenges to EU values coming from individual Member States which prioritize their own agendas and the latter referring to the tension between a liberal and more solidarity-driven understanding of the EU's foundations as it stems from the very wording of Article 2 TEU. In an attempt to unpack solidarity and offer a better understanding of its nature, scope and legal implications for the EU and its Member States, this contribution proceeds as follows: first, it studies solidarity within a specific methodological and theoretical framework based on a 'structured network of EU principles' established by the CJEU in the post-Lisbon era. Second, it operates under the assumption that a holistic understanding of EU solidarity requires us to go beyond the dominant form of solidarity based on the relationship between Member States ('interstate solidarity') and to explore the relationships between individuals ('interpersonal solidarity'). Our key argument is that a larger institutional recognition of 'interpersonal solidarity' has the potential to put the social question more squarely on the table and, as such, to enable the EU to better address the polycrisis it is facing. A 'Scellian approach' to EU solidarity-which places the person at the heart of the theoretical framework and as the real subject of solidarity is useful to adopt as a source of inspiration in such an endeavour.