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This week, Poland has made headlines yet again for dispatching 12,000 guards to the border betwee... more This week, Poland has made headlines yet again for dispatching 12,000 guards to the border between Poland and Belarus and the use of tear gas to prevent third country nationals (TCNs), including children, from crossing into Polish territory. This approach is part of a larger policy by the Polish government, whereby domestic legislation was enacted to prevent TCNs from crossing the Polish-Belarusian border into Poland on account of security concerns. Concomitantly, domestic legislation was adopted to facilitate the return of any TCNs found to have crossed the border irregularly, back to Belarus without any assessment of their claims for international protection. By adopting these domestic acts, Poland appears to be following in the footsteps of the Hungarian legislator, which likewise in recent years has enacted and relied on domestic legislation to stretch the limits of EU asylum and migration law. Recent insights by Dr. Baranowska provide a comprehensive and compelling account of the Polish practice at the Polish-Belarusian border and prompt further comment on the reconcilability of these non-entrée and return measures with EU secondary legislation, particularly considering recent case law by the CJEU (Tompa and FMS) and the ECtHR (Ilias and Ahmed and RR and others v Hungary) on similar measures in Hungary.
TIJDSCHRIFT VOOR VREEMDELINGENRECHT (BRUSSEL), 2019
TIJDSCHRIFT VOOR VREEMDELINGENRECHT, 2020
European Yearbook on Human Rights 2018, 2018
The liberalisation of the European aviation market and the emergence of new business models– e.g.... more The liberalisation of the European aviation market and the emergence of new business models– e.g. low-cost airlines – has given rise to numerous trends in contemporary employment relations concluded vis-a-vis pilots and cabin crew members. On the one hand this evolution significantly increased and facilitated the competitive nature of the aviation industry to the benefit of individual consumers in what concerns not only price, but equally so, accessibility. On the other hand however, atypical forms of employment (atypical for this study is every form of employment other than an open-ended employment contract) are increasingly prevalent within the aviation industry as a result thereof, including, amongst others, self-employment, fixed-term work, work via temporary work agencies as well as zero-hour contracts and pay-to-fly schemes. Whilst from a legal perspective, atypical forms of employment may not necessarily be problematic, there is rising concern that the application and usage t...
This study summarises the information provided by the Member States in their annual voluntary rep... more This study summarises the information provided by the Member States in their annual voluntary reports on their experience and progress concerning cooperation on fraud and error in the reference year 2016, as provided for in Decision H5 of the Administrative Commission for the Coordination of Social Security Systems. The Member States’ reports have been analysed with the aim of identifying several elements. First, particular attention goes to the steps taken throughout the year to prevent and combat fraud and error in the field of EU social security coordination. Secondly, the aim of the country reports was to identify specific problems in implementing the EU coordination rules which may lead to, at least risks of, fraud and error. Thirdly, an outline is provided of the steps taken to promote compliance by institutions and healthcare providers with the coordination rules and to provide information to citizens, in the field of benefits in kinds. Fourthly, the report notes good practic...
A number of reports have been drafted raising numerous fundamental rights concerns as a result of... more A number of reports have been drafted raising numerous fundamental rights concerns as a result of EU asylum and migration policy. From a user’s perspective these concerns relating to the right to life and the principle of non-refoulement, are disconcerting given the difficulties that arise in obtaining redress. These concerns elicit the question as to whether the EU can effectively be held accountable vis-à-vis aggrieved individuals for fundamental rights violations it (in-) directly commits and/or contributes to in exercising its competences in this field. In particular, the nascent accountability regime applicable to international organisations for violations of international law, as enshrined in the Articles on the Responsibility of International Organizations, need be assessed and applied to the EU in order to determine to what extent fundamental rights violations by the EU and its agencies can result in effective liability. In addition, it need also be determined to what extent...
This report was prepared in the framework of Contract No VC/2014/1011 ‘Network of Experts on intr... more This report was prepared in the framework of Contract No VC/2014/1011 ‘Network of Experts on intra-EU mobility – social security coordination and free movement of workers / Lot 1: Legal expertise in the field of social security coordination and free movement of workers’. This contract was awarded to FreSsco, a network of independent experts from 32 European countries coordinated by Ghent University.
This week, Poland has made headlines yet again for dispatching 12,000 guards to the border betwee... more This week, Poland has made headlines yet again for dispatching 12,000 guards to the border between Poland and Belarus and the use of tear gas to prevent third country nationals (TCNs), including children, from crossing into Polish territory. This approach is part of a larger policy by the Polish government, whereby domestic legislation was enacted to prevent TCNs from crossing the Polish-Belarusian border into Poland on account of security concerns. Concomitantly, domestic legislation was adopted to facilitate the return of any TCNs found to have crossed the border irregularly, back to Belarus without any assessment of their claims for international protection. By adopting these domestic acts, Poland appears to be following in the footsteps of the Hungarian legislator, which likewise in recent years has enacted and relied on domestic legislation to stretch the limits of EU asylum and migration law. Recent insights by Dr. Baranowska provide a comprehensive and compelling account of the Polish practice at the Polish-Belarusian border and prompt further comment on the reconcilability of these non-entrée and return measures with EU secondary legislation, particularly considering recent case law by the CJEU (Tompa and FMS) and the ECtHR (Ilias and Ahmed and RR and others v Hungary) on similar measures in Hungary.
TIJDSCHRIFT VOOR VREEMDELINGENRECHT (BRUSSEL), 2019
TIJDSCHRIFT VOOR VREEMDELINGENRECHT, 2020
European Yearbook on Human Rights 2018, 2018
The liberalisation of the European aviation market and the emergence of new business models– e.g.... more The liberalisation of the European aviation market and the emergence of new business models– e.g. low-cost airlines – has given rise to numerous trends in contemporary employment relations concluded vis-a-vis pilots and cabin crew members. On the one hand this evolution significantly increased and facilitated the competitive nature of the aviation industry to the benefit of individual consumers in what concerns not only price, but equally so, accessibility. On the other hand however, atypical forms of employment (atypical for this study is every form of employment other than an open-ended employment contract) are increasingly prevalent within the aviation industry as a result thereof, including, amongst others, self-employment, fixed-term work, work via temporary work agencies as well as zero-hour contracts and pay-to-fly schemes. Whilst from a legal perspective, atypical forms of employment may not necessarily be problematic, there is rising concern that the application and usage t...
This study summarises the information provided by the Member States in their annual voluntary rep... more This study summarises the information provided by the Member States in their annual voluntary reports on their experience and progress concerning cooperation on fraud and error in the reference year 2016, as provided for in Decision H5 of the Administrative Commission for the Coordination of Social Security Systems. The Member States’ reports have been analysed with the aim of identifying several elements. First, particular attention goes to the steps taken throughout the year to prevent and combat fraud and error in the field of EU social security coordination. Secondly, the aim of the country reports was to identify specific problems in implementing the EU coordination rules which may lead to, at least risks of, fraud and error. Thirdly, an outline is provided of the steps taken to promote compliance by institutions and healthcare providers with the coordination rules and to provide information to citizens, in the field of benefits in kinds. Fourthly, the report notes good practic...
A number of reports have been drafted raising numerous fundamental rights concerns as a result of... more A number of reports have been drafted raising numerous fundamental rights concerns as a result of EU asylum and migration policy. From a user’s perspective these concerns relating to the right to life and the principle of non-refoulement, are disconcerting given the difficulties that arise in obtaining redress. These concerns elicit the question as to whether the EU can effectively be held accountable vis-à-vis aggrieved individuals for fundamental rights violations it (in-) directly commits and/or contributes to in exercising its competences in this field. In particular, the nascent accountability regime applicable to international organisations for violations of international law, as enshrined in the Articles on the Responsibility of International Organizations, need be assessed and applied to the EU in order to determine to what extent fundamental rights violations by the EU and its agencies can result in effective liability. In addition, it need also be determined to what extent...
This report was prepared in the framework of Contract No VC/2014/1011 ‘Network of Experts on intr... more This report was prepared in the framework of Contract No VC/2014/1011 ‘Network of Experts on intra-EU mobility – social security coordination and free movement of workers / Lot 1: Legal expertise in the field of social security coordination and free movement of workers’. This contract was awarded to FreSsco, a network of independent experts from 32 European countries coordinated by Ghent University.