ABSTRACT How can we assess the institutional resilience of consolidated democracies in emergency ... more ABSTRACT How can we assess the institutional resilience of consolidated democracies in emergency situations? How can we know which regulations of the state of emergency best immunize democratic systems from intra- or inter-regime shifts? With the COVID-19 pandemic, these questions have become urgent. Although worries that intra- or inter-regime shifts may increase due to the proclamation of the state of emergency mainly target countries that were already prone to autocratization, specific complaints have been addressed at undue impingements on fundamental rights in consolidated democracies, too. In most of the current indexes, the presence or absence of certain institutional features is usually considered as per se sufficient to determine the degree of a system’s resilience. Instead, our analysis suggests that these criteria ought to be used as heuristics in the context of an in-depth analysis of institutional mechanisms. This would lead to a reformulation of how such indexes are made. In order to make this point, the article presents a qualitative methodology based on the classical theory of the “state of exception”, taking the divergent cases of Italy and Portugal as an illustration.
Since the beginning of the invasion of Ukraine by the armed forces of the Russian Federation on 2... more Since the beginning of the invasion of Ukraine by the armed forces of the Russian Federation on 24 February 2022, Portugal was one of the first countries to activate the temporary protection regime for displaced persons from Ukraine, successively amended on the basis of the Temporary Protection Directive, triggered by the Council of European Union on 4 March 2022.
Considering the massive and sudden influx of displaced persons from Ukraine, this policy brief aims to analyse the functioning of the national reception system and its adjustment to the current situation of extraordinary access to the system.[1] What are the major challenges encountered? How have the institutions in charge of managing the international protection system reacted? What innovations can be identified in relation to the management of previous flows? What about the standard procedure for reception in the context of international protection? What can we learn from the current management of flows? What improvements can be suggested for the present and for the future?
The method we follow is reflexive-recursive. Based on the documentary study, in the first phase, we conducted interviews and participatory observations and, in the second phase, we sent our findings to the interviewees to gather further information and feedback, on the basis of which we drafted the final report. The information thus collected was compared with data from the project on “The reception of refugees in Portugal” (PTDC/FER-ETC/30368/2017), during which the paths of reception of refugees in Portugal were analysed, in several aspects, and differentiated by the channel of arrival (relocation, resettlement, spontaneous, humanitarian boats).
NOVA Asylum Policy Lab, Policy Brief n.º 1, Janeiro de 2023, 2023
Desde o início da invasão da Ucrânia por parte das forças armadas da Federação Russa, a 24 de Fev... more Desde o início da invasão da Ucrânia por parte das forças armadas da Federação Russa, a 24 de Fevereiro de 2022, Portugal foi um dos primeiros países a ativar o regime de proteção temporária para pessoas deslocadas da Ucrânia, sucessivamente alterado com base na Diretiva Proteção Temporária, ativada pela Conselho da União Europeia no dia 4 de Março de 2022. Considerando o afluxo maciço e repentino de pessoas deslocadas da Ucrânia para Portugal, o presente policy brief visa analisar o funcionamento do sistema nacional de acolhimento e a sua adaptação à atual situação de acessos extraordinários ao sistema. Quais são os maiores desafios encontrados? Como reagiram as instituições encarregues de gerir o sistema de proteção internacional? Quais inovações podem ser identificadas em relação à gestão de fluxos precedentes? E no que toca ao procedimento habitual de acolhimento no âmbito proteção internacional? O que podemos aprender com a atual gestão dos fluxos? Quais melhorias podem ser sugeridas para o presente e para o futuro? O método que seguimos é o reflexivo-recursivo. Com base no estudo documental, na primeira fase, conduzimos entrevistas e observações participadas e, na segunda fase, enviamos as nossas constatações aos entrevistados para recolher ulteriores informações e comentários, com base nos quais elaboramos o relatório final. As informações assim recolhidas foram comparadas com os dados do projeto sobre “O acolhimento de refugiados em Portugal” (PTDC/FER-ETC/30368/2017), durante o qual foram investigados os percursos de acolhimento de refugiados em Portugal, nas suas várias vertentes, e diferenciados pelo canal de chegada (recolocação, reinstalação, espontâneos, barcos humanitários).
What principles of political justice ought to apply to the European Union? This question is parti... more What principles of political justice ought to apply to the European Union? This question is particularly relevant considering the deepening integration process that resulted from the crises of the past decade. Habermas’s conception of a transnational democracy allows identification of the methodological components of transnational political justice: to unite in a transnational polity, people belonging to different national communities need a common purpose (finalité), principles governing the distribution of constitutional and legislative power and a common political infrastructure that allows them to form democratic will as free and equal citizens. This article attempts to further expand these points through a public goods approach. European policies generate European public goods. These must be produced and accessed based on a fair cooperation scheme. Identifying these specific fairness conditions allows further clarification on how legislative and constitutional power ought to be distributed within the European polity.
Based on an analysis of the structure of incentives inherent to the architecture of the European ... more Based on an analysis of the structure of incentives inherent to the architecture of the European Stability Mechanism (ESM), thepaper defends the ESM's inability to prevent, mitigate, andresolve financial crises. The paper presents the main features of the ESM, and illustrates how its governance architecture results from a model and a practice of European integration in which the pooling of sovereign powers goes along with the member states’ attempt to maintain control over the use of those powers. In the case of monetary integration, such a model produces dysfunctional results in that it impedes efficient control of systemic risks. The paper puts forward a number of suggestion as to how a restructuring of the esm’s institutional architecture could enable it to perform the role it has been designed for. The paper also shows what ought to change in the relation between national and supranational sovereignty for this to happen.
Several manifestos advocating a break-up of the eurozone and a return to a multilateral cooperati... more Several manifestos advocating a break-up of the eurozone and a return to a multilateral cooperation between national currencies have been published over the past years. These manifestos undertake a “leftist” critique of the common currency based on the idea that the European welfare state has made a compromise possible between liberal democracy and capitalist economy, which is paramount for political liberty. Such a compromise would rest on the cultural and institutional diversity of European “capitalisms”. The common currency poses a decisive threat to such a diversity. Restoring national monetary autonomy would be therefore key to the maintenance of political liberty in Member States. Numerous international scholars gather behind such a “leftist” sovereignism, whose political meaning has also been increasing in recent years. The article critically discusses its main tenets while highlighting the conditions for a fair economic and monetary integration. The article, on the other hand, expands on the obstacles on the way to implementing principles of political equality within the Union, as the sovereignist critique warns.
A fil rouge goes through Habermas’s decade long research. It is the idea that Reason and rational... more A fil rouge goes through Habermas’s decade long research. It is the idea that Reason and rationality permeate human societies and may lead human action towards emancipation, if aptly elaborated through the filter of theoretical reflection. Theory must pick up on this rational core and turn the intrinsic rational potential inherent to modern societies into a self-consciously pursued ‘project of enlightenment’. This introduction to the special issue ‘Habermas, Democracy, and the Public Sphere: Theory and Practice’ shows how Habermas’s work in different scientific domains contributes to the construction of the ‘project of modernity’ from the many angles that such a complex project requires. The public sphere is, in Habermas’s theory, the societal domain in which communicative interactions have a chance to make Reason come to bear on human societies and lead them on the path to social and political emancipation. The contributions to this special issue focus therefore on the public spher...
ABSTRACT How can we assess the institutional resilience of consolidated democracies in emergency ... more ABSTRACT How can we assess the institutional resilience of consolidated democracies in emergency situations? How can we know which regulations of the state of emergency best immunize democratic systems from intra- or inter-regime shifts? With the COVID-19 pandemic, these questions have become urgent. Although worries that intra- or inter-regime shifts may increase due to the proclamation of the state of emergency mainly target countries that were already prone to autocratization, specific complaints have been addressed at undue impingements on fundamental rights in consolidated democracies, too. In most of the current indexes, the presence or absence of certain institutional features is usually considered as per se sufficient to determine the degree of a system’s resilience. Instead, our analysis suggests that these criteria ought to be used as heuristics in the context of an in-depth analysis of institutional mechanisms. This would lead to a reformulation of how such indexes are made. In order to make this point, the article presents a qualitative methodology based on the classical theory of the “state of exception”, taking the divergent cases of Italy and Portugal as an illustration.
Since the beginning of the invasion of Ukraine by the armed forces of the Russian Federation on 2... more Since the beginning of the invasion of Ukraine by the armed forces of the Russian Federation on 24 February 2022, Portugal was one of the first countries to activate the temporary protection regime for displaced persons from Ukraine, successively amended on the basis of the Temporary Protection Directive, triggered by the Council of European Union on 4 March 2022.
Considering the massive and sudden influx of displaced persons from Ukraine, this policy brief aims to analyse the functioning of the national reception system and its adjustment to the current situation of extraordinary access to the system.[1] What are the major challenges encountered? How have the institutions in charge of managing the international protection system reacted? What innovations can be identified in relation to the management of previous flows? What about the standard procedure for reception in the context of international protection? What can we learn from the current management of flows? What improvements can be suggested for the present and for the future?
The method we follow is reflexive-recursive. Based on the documentary study, in the first phase, we conducted interviews and participatory observations and, in the second phase, we sent our findings to the interviewees to gather further information and feedback, on the basis of which we drafted the final report. The information thus collected was compared with data from the project on “The reception of refugees in Portugal” (PTDC/FER-ETC/30368/2017), during which the paths of reception of refugees in Portugal were analysed, in several aspects, and differentiated by the channel of arrival (relocation, resettlement, spontaneous, humanitarian boats).
NOVA Asylum Policy Lab, Policy Brief n.º 1, Janeiro de 2023, 2023
Desde o início da invasão da Ucrânia por parte das forças armadas da Federação Russa, a 24 de Fev... more Desde o início da invasão da Ucrânia por parte das forças armadas da Federação Russa, a 24 de Fevereiro de 2022, Portugal foi um dos primeiros países a ativar o regime de proteção temporária para pessoas deslocadas da Ucrânia, sucessivamente alterado com base na Diretiva Proteção Temporária, ativada pela Conselho da União Europeia no dia 4 de Março de 2022. Considerando o afluxo maciço e repentino de pessoas deslocadas da Ucrânia para Portugal, o presente policy brief visa analisar o funcionamento do sistema nacional de acolhimento e a sua adaptação à atual situação de acessos extraordinários ao sistema. Quais são os maiores desafios encontrados? Como reagiram as instituições encarregues de gerir o sistema de proteção internacional? Quais inovações podem ser identificadas em relação à gestão de fluxos precedentes? E no que toca ao procedimento habitual de acolhimento no âmbito proteção internacional? O que podemos aprender com a atual gestão dos fluxos? Quais melhorias podem ser sugeridas para o presente e para o futuro? O método que seguimos é o reflexivo-recursivo. Com base no estudo documental, na primeira fase, conduzimos entrevistas e observações participadas e, na segunda fase, enviamos as nossas constatações aos entrevistados para recolher ulteriores informações e comentários, com base nos quais elaboramos o relatório final. As informações assim recolhidas foram comparadas com os dados do projeto sobre “O acolhimento de refugiados em Portugal” (PTDC/FER-ETC/30368/2017), durante o qual foram investigados os percursos de acolhimento de refugiados em Portugal, nas suas várias vertentes, e diferenciados pelo canal de chegada (recolocação, reinstalação, espontâneos, barcos humanitários).
What principles of political justice ought to apply to the European Union? This question is parti... more What principles of political justice ought to apply to the European Union? This question is particularly relevant considering the deepening integration process that resulted from the crises of the past decade. Habermas’s conception of a transnational democracy allows identification of the methodological components of transnational political justice: to unite in a transnational polity, people belonging to different national communities need a common purpose (finalité), principles governing the distribution of constitutional and legislative power and a common political infrastructure that allows them to form democratic will as free and equal citizens. This article attempts to further expand these points through a public goods approach. European policies generate European public goods. These must be produced and accessed based on a fair cooperation scheme. Identifying these specific fairness conditions allows further clarification on how legislative and constitutional power ought to be distributed within the European polity.
Based on an analysis of the structure of incentives inherent to the architecture of the European ... more Based on an analysis of the structure of incentives inherent to the architecture of the European Stability Mechanism (ESM), thepaper defends the ESM's inability to prevent, mitigate, andresolve financial crises. The paper presents the main features of the ESM, and illustrates how its governance architecture results from a model and a practice of European integration in which the pooling of sovereign powers goes along with the member states’ attempt to maintain control over the use of those powers. In the case of monetary integration, such a model produces dysfunctional results in that it impedes efficient control of systemic risks. The paper puts forward a number of suggestion as to how a restructuring of the esm’s institutional architecture could enable it to perform the role it has been designed for. The paper also shows what ought to change in the relation between national and supranational sovereignty for this to happen.
Several manifestos advocating a break-up of the eurozone and a return to a multilateral cooperati... more Several manifestos advocating a break-up of the eurozone and a return to a multilateral cooperation between national currencies have been published over the past years. These manifestos undertake a “leftist” critique of the common currency based on the idea that the European welfare state has made a compromise possible between liberal democracy and capitalist economy, which is paramount for political liberty. Such a compromise would rest on the cultural and institutional diversity of European “capitalisms”. The common currency poses a decisive threat to such a diversity. Restoring national monetary autonomy would be therefore key to the maintenance of political liberty in Member States. Numerous international scholars gather behind such a “leftist” sovereignism, whose political meaning has also been increasing in recent years. The article critically discusses its main tenets while highlighting the conditions for a fair economic and monetary integration. The article, on the other hand, expands on the obstacles on the way to implementing principles of political equality within the Union, as the sovereignist critique warns.
A fil rouge goes through Habermas’s decade long research. It is the idea that Reason and rational... more A fil rouge goes through Habermas’s decade long research. It is the idea that Reason and rationality permeate human societies and may lead human action towards emancipation, if aptly elaborated through the filter of theoretical reflection. Theory must pick up on this rational core and turn the intrinsic rational potential inherent to modern societies into a self-consciously pursued ‘project of enlightenment’. This introduction to the special issue ‘Habermas, Democracy, and the Public Sphere: Theory and Practice’ shows how Habermas’s work in different scientific domains contributes to the construction of the ‘project of modernity’ from the many angles that such a complex project requires. The public sphere is, in Habermas’s theory, the societal domain in which communicative interactions have a chance to make Reason come to bear on human societies and lead them on the path to social and political emancipation. The contributions to this special issue focus therefore on the public spher...
An agile and systematic presentation of Luhmann's theory of the political system, followed by a c... more An agile and systematic presentation of Luhmann's theory of the political system, followed by a criticism of its epistemological foundations and by an adaptation of his theory of political ethics to contemporary liberal theory of democracy
Il titolo riprende quello celebre di Nicolò Machiavelli "Ritratto di cose della Magna" (=Alemagna... more Il titolo riprende quello celebre di Nicolò Machiavelli "Ritratto di cose della Magna" (=Alemagna = Germania). Quest'opera infatti vuole essere una storia della letteratura tedesca vista come manifestazione della scoperta dell'Io moderno; fuori della Germania - e quest'opera è pensata per un pubblico fuori della Germania - era avvenuta a opera di Machiavelli. Di questo di dà conto nel capitolo "Momenti della ricerca di sé". Coerentemente con questa premessa - e per il modo in cui viene vista la creazione dell'Io - il tempo viene sottratto il più possibile alla passività della diacronia.
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Considering the massive and sudden influx of displaced persons from Ukraine, this policy brief aims to analyse the functioning of the national reception system and its adjustment to the current situation of extraordinary access to the system.[1] What are the major challenges encountered? How have the institutions in charge of managing the international protection system reacted? What innovations can be identified in relation to the management of previous flows? What about the standard procedure for reception in the context of international protection? What can we learn from the current management of flows? What improvements can be suggested for the present and for the future?
The method we follow is reflexive-recursive. Based on the documentary study, in the first phase, we conducted interviews and participatory observations and, in the second phase, we sent our findings to the interviewees to gather further information and feedback, on the basis of which we drafted the final report. The information thus collected was compared with data from the project on “The reception of refugees in Portugal” (PTDC/FER-ETC/30368/2017), during which the paths of reception of refugees in Portugal were analysed, in several aspects, and differentiated by the channel of arrival (relocation, resettlement, spontaneous, humanitarian boats).
Considering the massive and sudden influx of displaced persons from Ukraine, this policy brief aims to analyse the functioning of the national reception system and its adjustment to the current situation of extraordinary access to the system.[1] What are the major challenges encountered? How have the institutions in charge of managing the international protection system reacted? What innovations can be identified in relation to the management of previous flows? What about the standard procedure for reception in the context of international protection? What can we learn from the current management of flows? What improvements can be suggested for the present and for the future?
The method we follow is reflexive-recursive. Based on the documentary study, in the first phase, we conducted interviews and participatory observations and, in the second phase, we sent our findings to the interviewees to gather further information and feedback, on the basis of which we drafted the final report. The information thus collected was compared with data from the project on “The reception of refugees in Portugal” (PTDC/FER-ETC/30368/2017), during which the paths of reception of refugees in Portugal were analysed, in several aspects, and differentiated by the channel of arrival (relocation, resettlement, spontaneous, humanitarian boats).
Coerentemente con questa premessa - e per il modo in cui viene vista la creazione dell'Io - il tempo viene sottratto il più possibile alla passività della diacronia.