The phenomenon of mass migrations represents an international dilemma encompassing increasingly complex questions for the EU transnational and global community. It calls for progressive solutions and specific legal frameworks on adequate forms of assistance to the benefit of States most severely affected by massive refugees‘ and migrants‘ movements, while also paying respect for human dignity...
Mass Migrations and Public Emergencies: Where do Human Rights Fit In?
In constitutional law, situations of public emergency (PE) relate mostly to war, terrorism, civil unrest and natural disasters of large scale; little attention has been given so far to other phenomena. Despite the fact that migrations historically form a part of human identity, attitudes towards them changed drastically in the last decades, especially in the...
Questioning legal personhood
Drawing on the works of Roberto Esposito and Jacques Rancière the paper seeks to unpack and revisit the notion of legal personhood and the correlated distinction between legal subjects and objects in contemporary EU law. Using the lens of asylum, its intended aim is to bridge the gap between the order of nature and that...
Responses to the arrival of a large number of refugees as a ‘state of exception’ and the sovereignty of interdependent states
The paper observes the events of 2015 – 2017 when large numbers of refugees traveled through the countries in SE Europe. It focuses on the reactions of the states along the ‘Balkan route‘ to the large numbers of arrivals: the creation of a ‘humanitarian corridor‘, a mode of transportation through the territory of a country...
The Paradoxes of European Solidarity. Burden and Responsibility Sharing for Refugees Protection in the factory of the Global Welfare State
Solidarity has long been a fundamental value laying at the core of EU integration laws and policies as well as a guiding principle operating both horizontally and vertically in various regimes of international law. In the regional context of supranational cooperation, the Treaty of Lisbon has deepened international solidarity‘s commitment emphasizing its role in binding...