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The meaning of the sufficient resources condition in European migration law University of Antwerp

One of the elements which over the past years have received a lot of attention in the European Union's migration policy is the impact of migration on the social systems of the host Member States. In order to protect the national solidarity mechanisms against use thereof by immigrants, the EU introduced in its migration law instruments a number of sufficient resources requirements as a condition for obtaining and keeping the right to reside. ...

The relationship between the principle of effectiveness and protection of fundamental rights in the EU Migration Law KU Leuven

Christine Kaddous, Elise Muir

Institute for European Law

The concern for the ’effectiveness’ of EU law, which is one of the key driving forces of the EU legal order, has been often perceived by academics as an impediment for the generous application of fundamental rights in the Area of Freedom Security and Justice. Yet, the recent case law of the Court of Justice of the EU (CJEU) in the field of Asylum Law indicates that in some circumstances, especially when applied in conjunction with the right ...

International Migration and Refugee Law Moot Court Competition Ghent University

Ellen Desmet

Department of European, Public and International Law

The first International Migration and Refugee Law Moot Court Competition was organized by the Vrije Universiteit Amsterdam in 2019. The Ghent University team won the first edition and will organize the next edition in March 2022 (after postponement due to Covid in 2020). A moot court simulates a court hearing, (i.e. an appeal against a negative decision regarding an international application) in which participants file a legal submission, ...

Cooperation or externalisation? EU migration policy, the law, and the migrants. Ghent University

Ellen Desmet

Department of European, Public and International Law

Conference on the impact of so-called U+2018externalisationU+2019 in migration policies on transit countries mainly in Africa, with a focus on the external dimension of EU migration policy and its nexus with development cooperation, and on socio-legal research.
The initiative will include a keynote speech, four panels, a PhD masterclass and a side-event organised by a development cooperation partner.

Foreign national prisoners facing expulsion. The percolation of migration law enforcement into sentence implementation decision-making on release in Belgium. Vrije Universiteit Brussel

Steven De Ridder

Criminology

CONTEXT
Nation states have adopted penal early release procedures for foreign national prisoners (FNPs) that are linked to migration law enforcement, though to differing degree. Additionally, FNPs are prioritized for expulsion and subjected to further administrative detention and lengthy entry bans under migration law due to their criminal law violations.

LACUNA
Despite the emerging intertwining of criminal and migration law ...

The point of (no) return? An ethnographic study of forced removal practices in immigration detention centres. Vrije Universiteit Brussel

Kristel Beyens

Faculty of Law and Criminology, Crime & Society, Criminology

The forced removal of irregular migrants has become a central part of European immigration policies. Although legally defined as a measure of last resort, in practice, administrative immigration detention is a key instrument to facilitate the forced removal of irregular migrants. Scarce international criminological research illustrates the hybrid nature of immigration detention: although administrative in character as an instrument of migration ...

Implementation of article 80 TFUE on the principle of solidarity and fair sharing of responsibility, including its financial implications, between the member states in the field of border checks, asylum and immigration. University of Antwerp

Dirk Vanheule

Government and Law

The idea is to evaluate the implications and perspective of the new art. 80 of the Treaty, which appears to strengthen the previous art. 63(2)(b) provision which was limited to refugees and displaces persons. The note has to give ideas on a possible implementation of art. 80 TFEU to make the principle of solidarity effective.

Just Passing Through? Transit Migration in the Low Countries, 1780 -1870 Vrije Universiteit Brussel

Marjolein Schepers

History, Archeology, Arts, Philosophy and Ethics

Migration historians have demonstrated how migration entailed more than movement from A to B, but have had difficulties getting a grasp on all aspects of mobility. Especially quantification and the analysis of changes in patterns over time have proved difficult. This project proposes to approach migration from a transit perspective, focusing on migrants en route. The qualitative approach on transit migration infrastructure challenges and ...

Research on the domain of labour law, social security law and law concerning the civil servants. University of Antwerp

Ria Janvier

Public Administration & Management

The main purpose of the sabbatical leave is to contribute - from an independent scientific view - to the societal debate concerning some hot issues in the field of the employment of public sector personnel. The focus is to elaborate the idea of a uniform statute for all the workers in the public sector and the future pension reforms 2020-2040, especially on the domain of the civil servant pensions.

Cultural Conflicts in Contractual Relations : Towards a Culturally Sensitive Contract Law KU Leuven

Bernard Tilleman

Centre for Methodology of Law, Faculty of Law and Criminology, Kulak Kortrijk Campus, Institute for International Law

Globalisation and the ensuing flows of immigration have led to a significant cultural diversification of Western societies, including Belgium. Since legal norms are, to a certain extent, based on the cultural standards of dominant societal groups, their sustainability in a multicultural society is being increasingly challenged. Contract law constitutes a particularly interesting legal challenge in multicultural societies. Although parties to ...

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