Markel Redondo, alumni sharing experience

On March 5, the EUCLIPE Jean Monnet Chair was visited by the School of Law alumnus Markel Redondo as a guest professor. Markel Redondo studied the Bachelor of Law with Economic specialisation and, currently, is responsible for projects at the International Centre for Migration Policy Development. At this insitution, Markel works on projects related to refugees, asylum and integration of migration.

During his stay, Markel participated as guest professor for the Public International Law course taught by professor Joana Abrisketa. In the class, he explained the key concepts of  Asylum Law and its application in practice to the first-year students of the Bachelor of Law with Economic specialisation. At the end of the session, the students answered his questions about specific cases on asylum requests.

Likewise, Markel Redondo participated in a formation session under title of Policy Action in the EU from the perspective of an Intergovernmental International Organization. During the session, he talked to the students of the Loiola Legal Clinic about his job experience at different international organizations and it ended with dialogue with the participants.

The Odysseus Network’s III Annual Conference

Professor Joana Abrisketa attended the Odysseus Conference “Conflict and Compromise in the EU Migration and Asylum Policies” held in Brussels on February 1, 2018. The Annual Conference is organised by the Odysseus Academic Network, a leading network of legal experts in immigration and asylum in Europe, in the framework of the OMNIA project and with the support of the Jean Monnet activities of the Erasmus +Programme of the European Union.

The overarching themes of the Conference were the several rulings of the Court of Justice of the European Union taken in 2017. The content of sensitive cases such as the one of the visas for asylum seekers, or the one on relocation and solidarity, as well as the EU/Turkey Declaration were discussed by the participants. The European Agenda on Migration was also analysed, in relation with the Commission Communications of 27 September and 7 December 2017.

Professor Philippe De Bruycker, Coordinator of the Odysseus Academic Network in the ULB, Brussels, gave the welcome speech. During this session, François Crépeau, Professor in Mc Gill University, Canada, and Former UN Special Rapporteur on the Human Rights of Migrants, took part. Elspeth Guild, Jean Monnet Professor ad personam, Queen Mary University London, took part as a convener in the workshop related to the human right to leave a country. The Libyan Coastguards implications and the international responsibility for the cooperation of the EU and its member states was dealt by Professor Achilles Skordas, from the University of Copenhagen, Denmark. The question concerning visas for asylum was presented by professor Violeta Moreno-Lax, Associate Professor in Law in Queen Mary University of London.

The final plenary session was presented, among other participants, by Eleanor Sharpston, Advocate General of the Court of Justice of the European Union and Henri Labayle, Professeur de droit européen of tthe Université de Pau and the Pay de l’Adour, France, who explained the limits and the technical and political choices made by the Union institutions as regards the judment of the CJUE in Slovaquia and Hungary v. Council, of 6th September 2017.

Article: Relocation of the refugees, a solidarity deficit and a gap in the European Union

Published in the Revista General de Derecho Europeo, no. 44 (January, 2018)

(ABSTRACT) In the judgment of the 6th September 2017, the European Union Court of Justice ruled on the Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece (Relocation Decision). As the demands for international protection in the two countries reached numbers never seen before, the Decision put into play a temporary mechanism for the relocation of the asylum seekers arriving from Greece and Italy. According to the Relocation Decision, the remaining State members of the EU would receive 120.000 asylum seekers who would have presented their petition in the two Mediterranean States. The asylum seekers would be distributed among the member States according to a quota system. Hungary and the Slovak Republic requested the European Court of Justice to annul the Decision. The case was relevant due to the nature of the principle of solidarity implied and the context of the reform of the Common European Asylum System in which the judgment was adopted. The Court rejected the applications on the basis of technical and legal arguments rooted in the EU Law. However, the interpretation of the principle of solidarity was reduced to merely a symbolic status.

By Joana Abrisketa, Professor of Public International Law and International Relations at the University of Deusto and member of the Jean Monnet Chair in EU Economic and Legal integration for people.

The Ministry of Economy, Industry and Competitiveness bets on Joana Abrisketa’s Project

Recently, the Ministry of Economy, Industry and Competitiveness has funded with 19,360€, our researcher Joana Abrisketa’s project “The asylum policies of the European Union: convergences of the internal and external dimensions” (ref. DER2017-82466-R) for the 2018-2020 period.

The above-mentioned project takes as starting point the failure of the Common European Asylum System and the current reform tackled by the EU on the asylum policies, with the aim of proposing realistic and sustainable recommendations that can improve the asylum processes of the EU both in its internal and external dimensions.

To this date, all the studies on the asylum policies of the EU have been addressed either from the perspective of their internal dimension or the perspective of their external dimension, but never from the perspective of both policies in a merged and holistic form. Precisely, the value of this research project derives from providing an analysis that can address the described reality based on the complexity and the connection of both dimensions.

In this context, three hypotheses are considered. Firstly, the asylum policy of the EU is circumscribed within a global tendency of stopping forced migration, which is perceived to be a menace for stability, and it hardly takes into consideration other policies that can be more realistic on the long term, such as the regulation of the cited migration or the implementation of measures against human trafficking. Secondly, the mechanisms of the current Common European Asylum System are not following any principle of solidarity or guaranty of rights, required to the EU and its Member States and neither is it modified with the new reform. At last, the external dimension of asylum, that is, the cooperation of the EU and its Member States with third countries can seem controverted regarding the exercise of competences of the EU and referring to the conformity with human rights of the asylum seekers.

Therefore, based on the previous information, the following objectives are set out:

  1. To propose a Recommendation Plan on Asylum (RPA) in the EU addressed to its institutions and Member States;

  2. To analyse the global tendency of the non-entrance migration policies and their connection with the measures adopted by the EU in order to elaborate the recommendations;

  3. To value the deficits of the Common European Asylum System and its reform regarding the internal dimension; and

  4. To evaluate the used instruments of the EU and its Member States with third countries in order to manage the forced migration regarding the external dimension.

The research project has been elaborated by the reasearch team formed by Javier González Vega from Oviedo University; Paula García Andrade from the Pontifical University of Comillas; and by Felipe Gómez Isa, Laura Gómez Urquijo, Steffen Rasmussen, Sergio Caballero, Cristina Churruca y José Ramón Intxaurbe from the University of Deusto. The working team has been formed by Elspeth Guild from the University of Nijmejen, Thomas Gammeltoft from the University of Aarhus, Violeta Moreno-Lax from the University Queen Mary of London, Silvia Morgades from the University Pompeu Fabra, Carmen Pérez Gónzález from the University Carlos III of Madrid and by David Fernández Rojo from the University of Deusto.