Análisis legal (Leyes)

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Race in mainland European legal analysis: towards a European critical race theory

Authors Mathias Möschel
Year 2011
Journal Name Ethnic and Racial Studies
Citations (WoS) 15
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2 Journal Article

ON THE MOVE "The reality of free movement for young European citizens migrating in times of crisis

Principal investigator Mercedes Fernández (Project Manager Spanish partner)
Description
The project builds on the assumption that barriers to the exercise of fundamental rights, in this case free movement, cannot be addressed unless accurately identified. When these deal with specific population groups, such as young people, this is all the more relevant. The obstacles that young people face with respect to legislation, access to finance and resources, to name but a few, are very different from other age groups. Complementing the existing knowledge through this perspective enriches the understanding of existing barriers and obstacles to free movement in a targeted way. The project adopts a unique methodology that operates on several levels and allows for the collection, analysis and synthesis of information in a way that it sheds light into aspects of free movement that have not been explored. It uses a mixed-method approach that combines: a) empirical field research through structured interviews with young people and national authorities in the participating countries b) data collection and targeted legal research in all partner countries; c) socio-legal analysis of the data collected and d) comparative analysis of the findings. Further, the project will raise awareness at national and EU level on barriers to free movement.
Year 2015
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4 Project

SOCIO-LEGAL ANALYSIS ON THE TYPIFICATION AND SANCTION OF THE CRIME OF DRUG TRAFFICKING IN ECUADORIAN LEGISLATION

Authors Julio Cesar De Jesus Arrias Anez, Betzabeth Raquel Plaza Benavides, Cesar Elias Paucar Paucar
Year 2020
Journal Name Immigrant Youth and Employment: Lessons Learned from the Analysis of LSIC and 82 Lived Stories
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6 Journal Article

Changing Paradigms in Migration Law Research

Authors Thomas Spijkerboer
Year 2018
Book Title Migration on the Move
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9 Book Chapter

FISCAL POLITICS OR MORTAL POLITICS? POLITICAL-LEGAL ANALYSIS OF THE IMPLICATIONS OF RACIAL INEQUALITIES IN BRAZILIAN TAX LOAD

Authors Anderson de Oliveira Menezes
Year 2020
Journal Name Immigrant Youth and Employment: Lessons Learned from the Analysis of LSIC and 82 Lived Stories
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10 Journal Article

International Migration Policy and Law Analysis (IMPALA)

Description
The International Migration Policy And Law Analysis (IMPALA) Database is a cross-national, cross-institutional, cross-disciplinary project on comparative immigration policy. The pilot database version covers 10 years and 9 country cases including Australia, France, Germany, Luxembourg, Netherlands, Spain, Switzerland, United Kingdom, and the United States of America. It covers The focus is admission policy, although the authors include also acquisition of citizenship, which is generally understood as being part of ‘immigrant policies’, namely what happens after admission. The project classifies and measures tracks of entry associated with five migration categories: economic migration, family reunification, asylum and humanitarian migration, and student migration, as well as acquisition of citizenship. It is the product of an international collaboration between researchers from George Mason University, Harvard University, London School of Economics and Political Science, Paris School of Economics, University of Amsterdam, University of Luxembourg, and University of Sydney.
Year 2008
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13 Data Set

The relevance of critical race theory to educational theory and practice

Authors Jeanne M. Powers
Year 2007
Journal Name JOURNAL OF PHILOSOPHY OF EDUCATION
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18 Journal Article

Socio-Legal Aspects of Labour Market Segmentation in the Agri-Food Sector in Sweden: Spatio-Temporal Dimensions

Authors Andrea Iossa, Niklas Selberg
Year 2022
Journal Name European Journal of Migration and Law
Citations (WoS) 9
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20 Journal Article

IMMIGRANT CHILDREN EDUCATION AS MEANS OF INTEGRATION: THE LITHUANIAN CASE

Authors Monika Orechova
Year 2018
Journal Name JOURNAL OF EDUCATION CULTURE AND SOCIETY
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24 Journal Article

Understanding solidarity in the European Union: an analytical framework

Authors Daniele Saracino
Year 2024
Journal Name Theory and Society
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28 Journal Article

Sanctuary, Civil Disobedience, and Jewish Law

Authors Jonathan Zasloff
Year 2022
Citations (WoS) 1
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29 Journal Article

Re-Reading Morant Bay: Protest, Inquiry, and Colonial Rule

Authors Jonathan Connolly
Year 2023
Citations (WoS) 1
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30 Journal Article

Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

Authors Andrea C. Simonelli
Year 2021
Journal Name ETHICS & INTERNATIONAL AFFAIRS
Citations (WoS) 2
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31 Journal Article

The preliminary reference dance between the CJEU and Dutch courts in the field of migration

Authors Jasper KROMMENDIJK
Year 2018
Journal Name European journal of legal studies, 2016, Vol. 9, No. 1, pp. 211-249
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32 Journal Article

DRUGS, TRAFFICKING AND ORGANIZED CRIME AS A TRIGGER FOR VIOLENT ACTS IN ECUADOR'S PRISONS.

Authors Alberto Leonel Santillan Molina, Nelly Valeria Vinueza Ochoa, Cristian Fernando Benavides Salazar, ...
Year 2022
Journal Name Immigrant Youth and Employment: Lessons Learned from the Analysis of LSIC and 82 Lived Stories
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33 Journal Article

Normative Interaction and Law-Making: Regulating Migration in the Maghreb

Description
This project explores law-making in the domain of migration in the Maghreb as a result of interaction between diverse exogenous and endogenous normative factors. It builds and tests an innovative approach to reforms undertaken since 2003 in three countries, namely Tunisia, Morocco and Mauritania, to improve the knowledge and understanding of legal development in the Maghreb. It unfolds the plurality of interactions that result in the law being reformed in these countries and the country-specificity of law-making in a field where law is being globalised. Drawing on comparative law, international law, sociology of law, human geography and political science, the project examines how recent regulations affecting migration (entry and stay in a territory, exit from the territory, citizenship and asylum) have been thought, elaborated and adopted in each of the three Maghreb countries covered by the project. It therefore goes into the details and mechanisms of law-making and leads to designing a comparative model of normative interactions in national law-making. This project provides an unprecedented analysis of legal development in the Maghreb and a valuable contribution to the understanding of normative interactions in the field of migration. Innovative from theoretical, empirical and methodological perspectives, it develops a coherent analytical framework of law-making, aimed to be replicable across policy and geographical areas. It is hosted in a research centre at Aix-Marseille University, France, which combines excellence in legal research and a unique multidisciplinary academic pool rooted in the Mediterranean. It resorts to field research in Morocco, Tunisia and Mauritania and a network of partners in these countries to benefit from local input and favour knowledge-sharing. This project provides supportive policy tools to strengthen the external dimension of EU’s immigration and asylum policy and a renewed partnership between the EU and its Southern Neighbourhood.
Year 2013
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37 Project

Nadeel van de twijfel: Leeftijdsbepaling AMV's en leeftijdsregistratie als meerjarige in EU-lidstaat van eerder verblijf

Authors The Dutch Advisory Committee on Migration Affairs (ACVZ)
Description
Voor de asielprocedure is het van belang om te weten of een asielzoeker minder- of meerderjarig is, omdat de leeftijd bepalend is voor de te volgen procedures en regels. Daarom is het wezenlijk dat het vaststellen van de leeftijd zorgvuldig en volgens internationale standaarden plaatsvindt. Leeftijdsbepaling is complex omdat asielzoekers vaak niet beschikken over identificerende documenten. Het is dan nodig om op een andere manier vast te stellen wat de leeftijd van een asielzoeker is. In de afgelopen jaren is er in toenemende mate aandacht besteed aan het verbeteren van het proces van leeftijdsbepaling in het Nederlandse asielsysteem. De ACVZ vraagt aandacht voor een specifiek aspect van leeftijdsbepaling, namelijk het gewicht dat Nederland toekent aan de registratie van een asielzoeker als meerderjarige in een andere EU-lidstaat. Omdat deze registratie in sommige gevallen zonder nader onderzoek wordt overgenomen, valt niet uit te sluiten dat hierdoor in Nederland minderjarigen ten onrechte als meerderjarig staan geregistreerd. Voor het opstellen van deze signalering heeft de ACVZ, naast het verrichten van deskresearch en jurisprudentieonderzoek, gesprekken gevoerd met relevante spelers in de uitvoeringspraktijk, de advocatuur en maatschappelijke organisaties. Ook is verkennend onderzoek gedaan naar de uitvoeringspraktijk rondom identificatie, leeftijdsbepaling en registratie in Italië en Griekenland, omdat dit landen zijn waar asielzoekers vaak eerder hebben verbleven.
Year 2020
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38 Report

Implications for Policy and Practice

Authors Martha J. Chinouya, Peter J. Aspinall
Book Title The African Diaspora Population in Britain
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41 Book Chapter

Refugees are Migrants: Refugee Mobility, Recognition and Rights

Description
This project begins with the basic premise that refugees are migrants: by legal definition and political conception, they have left their home countries to seek refuge. This project aims to re-assess refugee protection through a lens of mobility and migration, locating the study of refugee law in the context of the refugee regime. It examines the three key aspects of refugee law – access to protection, refugee status determination, and refugee rights – bringing them into conversation with the refugee regime’s norms and practices on responsibility-sharing and solutions. Crucially, the project takes a long and broad view of refugee protection, in order to open up new possibilities and trajectories. It also integrates a legal assessment of the role of non-state actors in refugee protection. Using the broad notion of ‘intermediary’ in the migration process, it will assess the regulatory environment on access to protection, so-called ‘secondary movement’ and onward migration. It will provide an important legal assessment of the role of the International Organisation for Migration (IOM) and the duties of humanitarian actors in refugee protection. It addresses the EU, not as a singularity, but as an actor in the global regime. The project is methodologically ground-breaking. It identifies practices that determine access to and the quality of refugee protection, and how these practices have developed across jurisdictions and over time, thereby historicizing and reframing the practices in question. As well as rigorous doctrinal (‘black letter’) legal analysis, it will use go beyond doctrine, and draw on theoretical conceptions of legality to explore the particular modes of regulating mobility and migration that are now central to refugee protection. It will also develop new inter-disciplinary methods, using comparative legal, historical and political-scientific tools.
Year 2018
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43 Project

Democratic Efficacy and the Varieties of Populism in Europe

Description
DEMOS is built on the assumption that populism is symptomatic of a disconnect between how democratic polities operate and how citizens perceive their own aspirations, needs and identities within the political system. As such, DEMOS explores the practical value of ’democratic efficacy’ as the condition of political engagement needed to address the challenge of populism. The concept combines attitudinal features (political efficacy), political skills, knowledge, and democratic opportunity structures. In order to better understand populism DEMOS addresses its hitherto under-researched aspects at micro-, meso-, and macro-levels: its socio-psychological roots, social actors’ responses to the populist challenge, and populism’s effects on governance. DEMOS focuses not only on the polity, but equally on citizens’ perspectives: how they are affected by, and how they react to, populism. Politically underrepresented groups and those targeted by populist politics are a particular focus, e.g. youth, women, and migrants. As populism has varying socially embedded manifestations, DEMOS aims at contextualising it through comparative analysis on the variety of populisms across Europe, including their historical, cultural, and socioeconomic roots, manifestations, and impacts. DEMOS develops indicators and predictors of populism and elaborates scenarios on the interactions of populism with social actors and institutions both at the national and the EU levels. Unifying 15 partners from 10 disciplines, DEMOS combines in-depth research on populism and democratic efficacy with action research and pilot projects in order to develop lasting tools and timely policy recommendations; project methods include experiments, deliberative polling, text mining, surveys, and legal analysis. DEMOS places strong emphasis on communication and productive interactions with a variety of stakeholders throughout the project, including policymakers, journalists, students, and the general public.
Year 2018
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44 Project

Regulating mixed intimacies in Europe

Description
This project is a study of the regulation of ‘mixture’(‘interracial’ sex, relationships and marriage) in Europe’s past and present. Informed by critical race and critical mixed race studies, it challenges the common assumption that Europe never had ‘anti-miscegenation’ laws comparable to those in the United States. In exploring if, when, how and why forms of regulation aiming to prevent or restrict ‘interracial mixture’ developed in Europe in certain times and places, the project delivers a vital contribution to our knowledge of the development of racial thinking in Europe. The concept of ‘mixture’ provides an eminently suitable approach to the construction of ‘race’, since ‘mixture’ confuses and destabilizes racialized categories that seem fixed and essentialized in specific times and places, such as ‘black/white’. The project consist of a historical and a contemporary part. The historical part looks at the regulation of ‘mixture’ in four European countries: France, Italy, the Netherlands, and the United Kingdom, in their African colonies, and wartime Europe. The contemporary part explores whether and how, in spite of norms of formal equality and colour-blindness, ‘race’ and ‘monoracial family norms’ still play a part in European law and the lived experiences of ‘interracial’ couples with law in their everyday lives. Through archival research, legal analysis and interviews with modern-day ‘mixed’ couples and families, this approach helps us understand what lawmakers and enforcers believed ‘race’ was, what they believed ‘mixture’ was, how this was translated into legal practices, and how targeted couples responded. Theoretically, the project delivers a groundbreaking contribution to the genealogy of racial thinking in Europe, especially in addressing the understudied role of law and legal scholarship in the social construction of ‘race’ and ‘mixture’ in a increasingly diverse Europe.
Year 2017
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45 Project

Courts in Context. An Empirical Re-Evaluation of Categorization in the Asylum Regime

Authors Valentin Feneberg, Petra Sußner
Year 2023
Journal Name Zeitschrift für Flüchtlingsforschung
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46 Journal Article

Popular Sovereignty vs. the Rule of Law? Defining the Limits of Direct Democracy

Description
Should the people be allowed to vote on the adoption of immigration restrictions that violate international law? Should it be permissible to launch a citizens’ initiative demanding the reintroduction of the death penalty? May a proposal be put to a popular vote despite the fact that voters are not properly informed about its effects? With the mushrooming of direct-democratic instruments throughout Europe and the introduction of the European Citizens’ Initiative (ECI), the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. Yet despite their great practical relevance, the questions of where the legal limits of direct democracy should be drawn and how compliance with these limits should be reviewed have remained almost completely unexplored. This leaves a major gap in the research that has serious repercussions for the functionality and legitimacy of direct democracy. It is the ambitious objective of LIDD to provide the scientific basis for resolving this urgent challenge. By innovatively combining comparative legal analysis with both qualitative and quantitative methods from other social sciences, the project builds on the experience made with various direct-democratic mechanisms in order to develop general conclusions. Part 1 of LIDD distils a core of issues that is regarded as being beyond the reach of direct democracy across all European states and elaborates best practices that will help states define and apply the limits of direct democracy in a sensible way. Part 2 identifies common European minimum standards that institutional and procedural systems for reviewing compliance with these limits must satisfy and makes suggestions for improving these systems. Part 3 applies the findings from Parts 1 and 2 to the EU level; it shows how the admissibility requirements that an ECI must meet should be adapted and clarified and how the admissibility procedure could be improved.
Year 2018
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47 Project

Measuring and comparing immigration, asylum and naturalization policies across countries : challenges and solutions

Authors Justin GEST, Anna BOUCHER, Suzanna CHALLEN, ...
Year 2014
Journal Name Global policy, 2017, Vol. 8, No. S4, pp. 115-125
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48 Journal Article

Brexit and Deportations: towards a comprehensive and transnational understanding of a new system targeting EU citizens

Description
With Brexit and the abandonment of the free movement and residence principle, the UK will define its new immigration policy concerning EU nationals. The new immigration policies will aim to control and circumscribe the mobility of the citizens of the EU member states, currently free to travel, live and work in the UK. They may also be returned or deported only under very specific circumstances. Following Brexit, those who will not comply with the new regulations will become deportable. The aim of the project is to research the implementation of the new UK deportation system concerning EU nationals. The fellow will propose a comprehensive approach to the UK deportation regime, taking into account its various components: (1) immigration policies, (2) agencies that enforce them, (3) public debate that accompanies changes in migration policies and their implementation, (4) migrants that become deportable and are deported, as well as (5) return migrants and stayers back in sending countries who consider migrating to the UK and who adjust their (im)mobility strategies according to, or resisting, migration policies. The project assumes that the deportation regime is a transnational phenomenon, since it concerns not only people in migrant-receiving countries, but also in migrant-sending counties. The research offers an analysis of the largest migrant group in the UK, the Poles. The case of the Polish migrants will offer an insight into how the transnational UK deportation regime becomes rooted among migrants and develops back in their hometown communities. The project draws upon interdisciplinary qualitative methodologies, including multi-sited ethnography, Critical Discourse Analysis of media, and legal analysis. Its outcomes will reach EU, UK and Polish policy makers, influential think tanks, the academic community and the general public.
Year 2018
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50 Project
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