EUROPE'S MIGRATION CRISIS: A CHALLENGE TO DEMOCRACY (original) (raw)

„Borders, Migration, and the Changing Nature of Sovereignty”, in Studia Europaea. Studia Universitatis Babes-Bolyai, vol. 57, no. 4/2012, pp. 75-95

Democracy presupposes the existence of a political body – the demos – which is the legitimate holder of the sovereign rights. The identity of the State, as well as the possibility of the existence of a democratic political regime, is founded upon the cohesion of this political body. In 19th and 20th centuries Europe, this cohesion was expressed through a certain idea of the 'nation', a constructed notion of cohesiveness of a territorial community. But what is becoming of this political body at a time when porousness of State borders allows for the massive intrusion of populations perceived as being fundamentally extraneous, therefore threatening (Girard 1982)? Which is the place of the immigrant in the Western democracies? And which are the means through which the State reacts when confronted to this type of identity threat? Our contribution will try to map the main interrogations that cross the relation between democracy, migrations and sovereignty in the 21st century. We will argue that, while the political body of the nation-State is fragilized by immigration, new ways of re-institute the cohesiveness of its political community are set up by the State in order to enhance its identity through difference with respect to others. These include the consolidation of external borders (a policy trend in the EU), but also enhancing the symbolic internal boundaries between “us” and “the others”. The recent discourse of the European leaders about the failure of the multiculturalism is an example of this attempt to re-institute difference.

The Refugee Crisis in the European Union: The Background Jusphilosophical La Crisis De Los Refugiados en La Unión Europea: El Trasfondo Iusfilosófico

Unoesc International Legal Seminar, 2017

The "refugee crisis" in Europe will be analyzed. To do this, start from the conceptual distinction migrant, refugee and asylum and will question the two measures from Brussels, they have been proposed to try to set up a common asylum policy in the EU, in order to respond to the flood of refugees have reached the Greek and Italian coasts between 2015 and 2016. the first measure adopted was the distribution policy of refugees in each EU country by -proposal quota has not, worked at the refusal of several countries receive refugees; the second measure was the Agreement between the European Union (EU) and Turkey on the situation of refugees and migrants trying to reach Europe, signed in March 2016. Once exposed the state of affairs in the EU, then the proposals of some philosophers on the question of refugees will be discussed. To do this, we take two views as representative of the two extreme positions on this issue: As supporters of the refusal to open the borders with two s...

The concept of the “Other”. Migration, human rights and formalized identity building processes in Europe

Analyzing the concept of freedom of movement both in accordance with the norms of the European Convention of Human Rights (ECHR) and in the case law of the Court of Strasbourg (ECtHR), it has emerged that there are some malfunctions in the regulation and control of the migratory phenomena in the European context that are structural and inevitable. These malfunctions also have some repercussions on the processes of identity building. In fact, inasmuch as we identify ourselves with the liberal-democratic regimes which form our communities, the characteristic institutions and norms of such regimes represent a fundamental reference for the processes of identity building of both the community and the individuals forming it. In this regard, human rights contribute to creating these normative frameworks inasmuch as they can influence the rules and the principles of a specific legal system. Indeed, in an ongoing context of multilevel constitutionalism, the ever-growing influence that international institutions and treaties (declarations, covenants, conventions, protocols and so on) have on member states, permits human rights to enter the processes of identity building in the European countries. The processes contributing to the self-comprehension of a political community need the formal structures of identity building, such as citizenship and freedom of movement, especially in the face of the global migratory phenomena, to operate correctly. From that point of view, malfunctions in the formal structures cannot but actually do have effects on the same processes of identity building. The way that the mobility theme is regulated by the ECHR can become a privileged point of observation for the study and analysis of identity building, and of its impasses, contradictions, aporias. This paper intends to show how the absence of the right of immigration can create some malfunctions in the human rights law and how this is connected with our concept of identity. The failure of our migration control system and the impossibility of empowering human rights in the field of mobility reveals an enormous conceptual short-circuit in the structure of liberal countries in Europe, involving the relationship between the Self and the “Other”.

GJ #2016, 2, The Refugee Crisis as a European Democratic Crisis, by Chryssoula Kapartziani and Katerini Papathanasiou

The institutional European Union is facing two types of crisis. On the one hand, it needs to manage the current refugee's influx efficiently and on the other hand it needs to deal with the democratic deficit that emerged by Europe's incapacity to make the required decisions and gain the justification of its actions from its own people. This article aims firstly to highlight the legal framework (rule of law) that governs the asylum and migration procedures as well as the democratic gap that these provisions created in the different member states, as a crystal clear example of how a national competence became supranational. Furthermore , it illustrates the refugee profile, as a human being with acquired human rights through the theories of H. Arendt and the U. Beck. Lastly, the cosmopolitan approach is suggested in order to overcome the refugee crisis but a well-established integration should be the long term goal of Europe.