10 research outputs found
Setting up a Common European Asylum System : Report on the application of existing instruments and proposals for the new system
The study assesses firstly the evaluation process of the first generation of asylum instruments while underlining the possibilities to improve it. It analyses secondly the asylum "acquis" regarding distribution of refugees between Member States, the eligibility for protection, the status of protected persons regarding detention and vulnerability, asylum procedures and the external dimension by formulating short-term recommendations of each area. Its last part is devoted to the long term evolution of the Common European Asylum System regarding the legal context including the accession of the EU to the Geneva Convention, the institutional perspectives including the new European Support Office, the jurisdictional perspective, the substantive perspective, the distributive perspective and the external perspective
Status (Im)Mobility and the Legal Production of Irregularity: A Sociolegal Analysis of Temporary Migrants’ Lived Experiences
By combining legal analysis with data obtained through a longitudinal and qualitative fieldwork, this article looks at the impact of time and temporality on migrants’ trajectories. We find that legal insecurity is experienced by the majority of migrants residing lawfully in Belgium as a result of temporal constraints. Indeed, we argue that enforced temporariness and the conditionality of migrants’ stay increase the risk of precariousness and irregularity irrespective of migrants’ nationality. The article also looks at the consequences of legal insecurity on individuals’ trajectories. Since legal stay may be subject to disruptions, migrants with temporary status share the feeling of living in a situation of liminal legality and liminal times. However, they can find ways to overcome these temporal constraints using coping strategies. Through a sociolegal analysis, this article sheds light on temporality as a normative constraint as well as an individual experience creating immobility