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Usages et travail politiques : une sociologie compréhensive des usages de l’intégration européenne
(2004)
Unternehmer: Afrika
(1987)
The governments of today are not able to transform and adapt to changes in the world around them, as demanded by their constituents. The nature of work, value of public goods, and the constant bombardment of crises are making the old bureaucratic structures obsolete.
Agile Government is an emerging theme, that of government-wide reinvention for adaptiveness and responsiveness. It places the accountability, delivery, capture, design and creation of public value at the heart of the government. The concept of agile government is confused with terms like Agile Manifesto, agile governance, agility among others, and because of this, needs some unpacking.
This book is a deep dive into this topic. It offers insights from the theoretical development of the topic of agile government, some lessons from government practices around the world, and ongoing academic and policy research. The project is spearheaded by the Mohammed Bin Rashid School of Government, which is the first teaching and research institution in the Arab world focusing on public policy and governance.
Public servants are an important component of any functioning administrative system. However, a comprehensive, comparative analysis of public servants from a global perspective is rare. The purpose of this chapter and section is therefore to analyze the concept of the civil servant from a global perspective. In order to do so, the chapter examines the concept of the civil servant, who they are, how they are trained, what they do, how they are rewarded, and how political and institutional factors shape personnel systems. Special attention is placed upon comparisons between civil service traditions, international conceptualizations of civil servants, the scope of public service work, and the status of women in public service. The chapter concludes with a brief introduction to each of the subsequent chapters in this section.
Insufficient access to medicines is a persistent global problem that affects billions of people in low- and middle-income countries. In this chapter, we use access to medicines as a case to understand how business can become instrumental in making progress on persistent and global problems we associate with sustainable development. We examine the emergence and evolution of access to medicines as a mandate for the pharmaceutical industry to contribute to sustainable development. More specifically, we trace the historical developments of corporate social initiatives in the industry and revisit existing research on access to medicines in management and related fields. We then introduce three distinct analytical perspectives - field emergence and change, firm heterogeneity, organizational processes - to examine access to medicine, expose managerial challenges and offer a research agenda that helps to advance research on access to medicines and, more generally, on corporate efforts to address pressing global problems subsumed under the Sustainable Development Goals.
Umweltpolitik
(1996)
Widerstand wird in der Regel nicht staatlich organisiert, auch nicht in der Demokratie. Wer an Widerstand denkt, der denkt an Straßenproteste, Sitzblockaden, aber auch subtilere Versuche, Einfluss zu nehmen auf den öffentlichen Diskurs, politische Alternativen zu formulieren und Menschen zu bewegen, sich für politischen Wandel einzusetzen.
Climate litigation in the Global South is a novel and increasingly prominent phenomenon that prompted a first wave of scholarly work examining and systematizing its main features. Despite the rigour that these academic accounts apply to assessing the main legal arguments of both litigants and courts, they fail to address the possible tensions between climate justice and the consequences of a domestic court decision in developing nations that did not substantially contribute to the climate crisis. This piece aims to fill that gap by using case law from the Global South to examine challenges around remedies, which will underscore the tensions between climate justice and litigation. Thereafter, this piece, drawing from international norms, advocates for the recognition of a duty of international cooperation, which can inform future courts’ orders in climate cases in both the Global North and the Global South. This normative exercise provides the basis to reconcile climate litigation in the Global South with climate justice, two reputed allies.
In today's world, disasters, both natural and manmade, are becoming increasingly frequent, and new solutions are of a compelling need to provide and disseminate information about these disasters to the public and concerned authorities in an effective and efficient manner. One of the most frequently used ways for information dissemination today is through social media, and when it comes to real-time information, Twitter is often the channel of choice. Thus, this paper discusses how Big Data Analytics (BDA) can take advantage of information streaming from Twitter to generate alerts and provide information in real-time on ongoing disasters. The paper proposes TAGS (Twitter Alert Generation System), a novel solution for collecting and analyzing social media streaming data in realtime and subsequently issue warnings related to ongoing disasters using a combination of Hadoop and Spark frameworks. The paper tests and evaluates the proposed solution using Twitter data from the 2018 earthquake in Palu City, Sulawesi, Indonesia. The proposed architecture was able to issue alert messages on various disaster scenarios and identify critical information that can be utilized for further analysis. Moreover, the performance of the proposed solution is assessed with respect to processing time and throughput that shows reliable system efficiency.
Since the foundation of the press, the media in Turkey has had a symbiotic relationship with the state. The state's heavy involvement rendered the development of a "media policy" impossible, since the media did not exist as an independent realm to shape and be shaped by society and politics. Instead, it existed as a tool for both civilian and military governments to control and manipulate society. In the past two decades, the changes induced by the economic liberalisation of the early 1990s, the banking crisis of 2000-2001 and the European Union accession process produced a complex regulatory framework governing the media content and structure in Turkey. This chapter argues that, despite some progress, there are still significant legal infringements on media freedom in Turkey, where the media's economic and political dependence on the state continues.
The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality.
This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies.
Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 - and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.
Turkey
(2020)
The road freight sector is responsible for a large and growing share of greenhouse gas emissions, but reliable data on the amount of freight that is moved on roads in many parts of the world are scarce. Many low-and middle-income countries have limited ground-based traffic monitoring and freight surveying activities. In this proof of concept, we show that we can use an object detection network to count trucks in satellite images and predict average annual daily truck traffic from those counts. We describe a complete model, test the uncertainty of the estimation, and discuss the transfer to developing countries.
The rapid pace of technological advancement and innovation has put existing governance and regulatory mechanisms to the test. There is a clear need for new and innovative regulatory mechanisms that enable governments to successfully manage the integration of digital technologies into our societies, and to ensure that such integration occurs in a sustainable, beneficial, and just manner. Artificial Intelligence (AI) stands out as one of the most debated of such innovations. What exactly is it, how should it be built and deployed, how can it be used, and how should it be regulated? Yet across the period of this debate, AI is becoming widely used and addressed within existing, evolving, and bespoke regulatory contexts. The present chapter explores the extant governance of AI and, in particular, what is arguably the most successful AI regulatory approach to date, that of the European Union. The chapter explores core definitional concepts, shared understandings, values, and approaches currently in play. It argues that not only are the Union’s regulations locally effective, but, due to the so-called “Brussels effect,” regulatory initiatives within the European Union also have a much broader global impact. As such, they warrant close consideration.
Trade Unions
(2006)
What role do firms play in the making of EU trade policy? This chapter surveys the policy domain and lays out the instruments firms can employ to influence decisions on trade. It underlines that European trade policy is characterized by a high degree of institutional complexity, which firms have to manage in order to be successful. In particular, the European Commission works intensively to solicit business input in order to gain bargaining leverage vis-à-vis third countries and the EU member states. This reverse lobbying creates a two-channel logic of trade policy lobbying in the EU. Corporate actors have a very good chance of working closely with the European Commission if they can propose pan-European trade policy solutions. This can be either trade liberalization or EU-wide regulatory restrictions on trade. Demands for traditional protectionist measures, especially those that reveal national interest divergences, are difficult to defend at the supranational level. Protectionist lobbying therefore goes through the national route, with corporate actors working to block liberalization by affecting the consensus in the Council of Ministers. The chapter illustrates this two-channel logic by studying business–government interactions in agricultural trade, textiles and clothing, financial services, and telecommunication services.
Tracing Transparency: Public Governance of Algorithms and the Experience of Contact Tracing Apps
(2022)
Toward a Common Definition
(1997)
In this chapter, we assess the link between scaling, control and organizational achievements. We argue that control is essential to coordinate organizational members towards a common and shared goal and to provide guardrails for scaling. We use the experience of the Aravind Eye Care System, a non-profit organization based in India providing eye care services to poor people to specify the mechanisms employed by Aravind underpinning three popular organizational scaling modes—branching, affiliation and dissemination. Our objective is to show how control and scaling can be combined in order to protect the value base of a social enterprise and at the same time ensure growth.
The crisis generated by the Covid-19 pandemic has required rapid and strong action. It also entails key choices, including on how the EU could help mitigate the impact of Covid-19, foster the economic recovery and support the dual green and digital transitions. In September 2019, before the crisis, the Directorate General for Economy and Finance of the European Commission organised a workshop on strengthening the institutional architecture of the EMU. This eBook presents the main ideas discussed at the workshop.
This chapter argues that the adoption of the United Nations Convention against Corruption (UNCAC) in 2004 and its subsequent ratification by more than 180 parties indicates universal agreement on the norms of quality of government, putting an end to moral relativist arguments. While UNCAC does not define corruption, it defines good governance and sets ethical universalism as its key benchmark. The chapter then follows the intellectual history of this concept and its remarkable success, with the norm of equal, fair, and nondiscriminatory treatment of every citizen present in every current constitutional contract. Ratification does not necessarily mean implementation when corruption is concerned, and the chapter surveys limitations to the practice of ethical universalism in governance and existing approaches to narrow the gap between norm and practice.
Keywords: corruption, quality of government, equality of opportunity, ethical universalism, good governance
This contribution takes Turkey’s use of the derogation mechanism in the aftermath of the failed military coup of 15 July 2016 as a springboard to critically address the operation and the fallacies of the contemporary European derogation regime. The assessment will reveal whether the European system of human rights protection has succeeded in adopting an adequate and viable approach that can counterbalance the increased leeway accorded to derogating states, and formulate safeguards to mitigate human rights abuses. The contribution concludes by providing a road map proposal for adequate oversight marked by rigorous scrutiny of derogation claims that can be described as a ‘consultation and cooperation process’. This process would place the Secretary General of the Council of Europe in a more active and operationally focused position to influence state decisions, to counterbalance the increased leeway accorded to derogating states, and to formulate safeguards to mitigate human rights abuses.
With its constitutional separation of power between the executive and administration, over the years Sweden has frequently been held up as a shining example of modern state governance. However, recent decades of internationalising politics, EU membership and growing public-sector complexities have placed greater demands on the Swedish executive. In recent years, the established governance system has changed in several respects. First, the previously highly decentralised system has become more centralised and central-local relations remain tense. Second, at the central level, the government has sought to increase control through politicisation. Third, Swedish pandemic policy highlighted the promises and pitfalls of ‘Swedish dualism’. And fourth, government communication has become ever more mediatised. In consequence, the chapter concludes that what from the outside looks like an exemplar of meritocratic democracy is rather a tactically flexible realpolitik built on interpretive ambiguities in the constitution—providing the Swedish executive with much-needed responsiveness in times of significant change, but also the veil for greater centralisation and control from afar.
Neo-liberalism has had one central message for the state: scale back, cut back, cut out, transform. This brings to mind Winston Churchill's reply to an opponent who asked, ‘How much is enough?’ to Churchill's repeated push to spend increasingly more on defence in the 1930s. Churchill's rejoinder came in the form of a story about a Brazilian banker with whom he had just had lunch. The banker had received a cable informing him of the death of his mother-in-law and asking for instructions. He cabled back: ‘embalm, cremate, bury at sea; leave nothing to chance’.
This take on neo-liberalism – as burying the state – is certainly exaggerated because neo-liberalism comes in many different forms with many different policy applications. Only the recommendations of the most radical strands come close to the Brazilian banker's response to his mother-in-law's death. Yet the story as a metaphor for neo-liberal views of the state nonetheless somehow rings true. This is largely because neo-liberals have been more anti-state in their rhetoric than in their actions.
The state has been neo-liberalism’s bête noire, as its main focus of attack, because neo-liberals – whatever their differences – have viewed the state as consistently doing too much in the wrong ways with the worst consequences not only for the markets but also for democracy, by endangering individual freedom through its interventions. As a provider of public goods, the state had to be scaled back to leave room for the market, which would assure more efficiency. However, the state has also been neo-liberalism’s greatest conquest, as its main locus of action, because it has been primarily through the state that neo-liberals have been able to realize their vision(s).
From the outset, the media in Turkey have developed as a political institution rather than a market and media owners perceived themselves primarily as political actors. This has caused the media to be divided between proponents and opponents of the political establishment. Initially, media polarisation was characterised by ideological divisions. With the changes brought in the ownership structure after the 1980s, however, where news outlets were transferred from family firms to large corporations, the proximity (or distance) of media owners to government became no longer indicative of political (dis)agreement; rather it was primarily driven by economic interests. Accordingly, the journalistic profession was transformed from a self-driven political class to an instrument of power for the state and the private capital.This chapter aims to provide an analysis of the multi-faceted and inter-connected sources of pressure - the military, the government, courts, media owners and journalists themselves - on the journalistic profession in Turkey. These sources reinforce each other in sustaining various types of pressures on the media of a political, legal and financial nature. The constraints produced by these power mechanisms gain particular weight and become all the more effective in view of the absence of a collective professional identity and the lack of solidarity among journalists. The deeply entrenched socio-economic inequalities that characterise the journalistic profession, professional hierarchies and ideological polarisation deepen journalists’ vulnerability vis-à-vis political and economic power, as represented by the state and media ownership.
The purpose of this chapter is to examine the relationship between the prohibition on refoulement under human rights law (in particular under the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and protections under international refugee law. It illustrates that the two systems, human rights and refugee law, develop their protections in different modes. I illustrate this divergent development as a riposte to the claim that non-refoulement under human rights law effectively broadens the protection against refoulement in refugee law. Of course, in some ways, that claim is correct, but in other respects human rights non-refoulement is highly limited, particular as regards which rights violations will lead to protection against return. Currently, it tends to focus on Article 3 ECHR, the right not to be subjected to torture, inhuman and degrading treatment. The chapter critiques the outer edges of human rights non-refoulement, in particular the ECtHR’s ‘flagrant breach’ caselaw.
In the late twentieth century, the rise of neo-liberal economics appeared to some to signal the withdrawal of the nation state from key areas of economic life in the industrialized world. However, this was always an illusion. The recent financial crisis has demonstrated clearly that states remain the actor of last resort when the business system begins to collapse. International efforts at coordination have been dwarfed by the fiscal policies of states to stimulate their economies. These revival efforts reveal the underlying differences which remain between states and how economic policy-making in crisis responds most directly to threats to the national system. This chapter examines these processes and how they can be combined with continued commitment to a neo-liberal global order and efforts at global coordination.
In this chapter, Martijn van den Brink discusses two questions: what is the relationship between national and EU citizenship legally speaking, and what should it be normatively speaking? While often conflated, these questions must be considered independently of each other. He argues first that EU law is not even capable of justifying the very minimal restrictions CJEU case law has imposed on the authority of Member States to determine the rules on the acquisition and loss of national citizenship. It certainly cannot justify more far-reaching restrictions such as outlawing investor citizenship or allowing UK nationals to retain their EU citizenship. Normatively speaking, however, Martijn van den Brink makes the case for giving the EU greater influence over the conditions relating to the loss and acquisition of national and EU citizenship, in particular to ensure that third-country nationals with social ties to their society of residence have a credible path to citizenship.
This piece provides a detailed analysis of the Recast Asylum Procedures Directive (Recast APD). Although we are now two decades into harmonization of asylum procedures at the European Union (EU) level, we begin in Part 2 by revisiting the rationale for this process. We contend that the most persuasive rationale for procedural harmonization, in an EU legally committed to refugee protection, is to ensure fair procedures, and to prevent a race to the bottom in procedural standards. Efficiency must serve fairness, not vice versa. The original Asylum Procedures Directive (APD) failed to meet this aim by a long margin. The Recast APD is the product of the new, post-Lisbon legislative environment, so as Part 3 suggests, it comes with high hopes for improvement, particularly given the Parliament’s relatively new role as co-legislator on asylum matters. Our analysis reveals that the Recast APD contains many improvements on its predecessor, but overall our assessment is mixed, particularly if we assess it in terms of the objective of setting clear basic minimum standards of fairness. We attempt to explain this ambivalent outcome by suggesting that the Directive reflects two competing stereotypical views of the asylum seeker. On the one hand, there is a strong notion that asylum procedures must work to weed out ‘abusive’ claims. In contrast, there is also a strong acknowledgement that some asylum seekers are particularly vulnerable or have special needs (as will be seen, different terminologies are used in different contexts). As we argue, these stereotypes create complexity, and crowd out the basic notion of refugee status determination (RSD) as a process for recognising refugees, on the assumption that many (although of course not all) of those who apply will be so recognised.
Digital technology in business is indispensable and over the last decades revolutionized production and operations on a global level. In politics, however, most countries are still far from having “digital governments”. Many countries possess strategies for the digitalization of governance, although those differ greatly in desired outcome and definitions of the term “digital”. This chapter compares and categorizes different approaches to digital governance in several countries and regions such as USA, UK, Europe and Singapore. It distinguishes between the two notions of eGovernment and Digital Government in focus and approach, showing the opportunities and challenges both can bring about. While opportunities include citizen services, cost savings and growth, common risks of increased digital governance are security concerns, impacts on the labor market and difficulties in change management. The chapter provides a comprehensive summary of recent empirical analyses on the “digital” discourse, concluding that the goals of measurable citizen outcomes, transformative service delivery and public governance are not yet met, but that the way is paved for future improvement.
This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice.
Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors – from access rules to institutional design and to substantive functions – influencing the European Court’s political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities – and corresponding responsibilities – that the Court’s case law offers to independent observers, political institutions and civil society organisations.
Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
(About the Book)
This chapter aims at anchoring the experience of the Euro area south during the crisis to the vast literature on the political conditions that increase the likelihood of reforms being passed. In doing so, it qualitatively benchmarks 11 government experiences in five countries and explores 11 hypotheses originally formulated by Williamson (1994). While far from identifying clear silver bullets, the chapter can be seen as a handbook for future reform-minded politicians.
Artificial intelligence (AI) is a technical term referring to artifacts used to detect contexts or to effect actions in response to detected contexts. Our capacity to build such artifacts has been increasing, and with it the impact they have on our society. This article first documents the social and economic changes brought about by our use of AI, particularly but not exclusively focusing on the decade since the 2007 advent of smartphones, which contribute substantially to “big data” and therefore the efficacy of machine learning. It then projects from this political, economic, and personal challenges confronting humanity in the near future, including policy recommendations. Overall, AI is not as unusual a technology as expected, but this very lack of expected form may have exposed us to a significantly increased urgency concerning familiar challenges. In particular, the identity and autonomy of both individuals and nations is challenged by the increased accessibility of knowledge.
Higher education is typically viewed as offering the most assured pathways to secure careers and low unemployment rates. Yet, increasingly some groups, not least higher education graduates and their families paying ever-higher tuition fees, question the taken-for-granted contributions higher education makes to individuals and society. While participation rates have climbed worldwide, higher education systems continue to produce winners and losers. In the face of such challenges globally, which alternatives exist? A prominent possibility, pioneered in Germany, is ‘dual study’ programmes. These programmes fully integrate phases of higher education study and paid work in firms, illustrating how employer interests and investments are (re)shaping advanced skill formation. Co-developed and co-financed by employers, they could ameliorate the global trend towards saddling students with ever-higher education costs and student debt. Grounded in neo-institutional analysis, expert interviews, and document analysis, we analyse the genesis and rapid expansion of dual study programmes, emphasizing the role of employer interests and highlighting distributional conflicts in the new politics of advanced skill formation. Furthermore, we discuss lessons other countries might glean from a new form of work-based higher education in Germany. Reference: Graf, L./Powell, J.J.W. (2022) The Origins and Contemporary Development of Work-based Higher Education in Germany: Lessons for Anglophone Countries? In: Knight, E./Bathmaker, A-M./Moodie, G./Orr, K./Webb, S./Wheelahan, L. (Eds.) Equity and Access to High Skills through Higher Vocational Education. London, Palgrave, 125-144.
It is commonly assumed that the exceptional treatment of the Kurds under the law is a provisional phenomenon that occurs during interim regimes and ends with the return to normalcy. In reality, the Kurdish region has always been governed by some form of state of exception. What has changed at times when a special legal regime was de jure in force was the intensity and scale of human rights violations against civilians committed through emergency regimes, forced displacement and cultural assimilation, processes which were often in place simultaneously.When the EU membership process started, many assumed that Turkey would have to undertake a radical overhaul of its constitutional and legislative order and to ensure the equal treatment of all its citizens, in law and in fact. This chapter argues that despite some progress, Turkey’s policies on the Kurdish question have remained by and large intact. It concludes, however, that while the legal framework is still ‘ethnic-blind’ vis-à-vis the Kurds, politics no longer is, as evident not only in the AKP Government’s recognition of the Kurdish identity but also in the Kurdish movement's increasingly bolder claims for a political solution to the conflict.
The Handbook provides an authoritative overview of the MLG literature. . . it has the potential to be widely used as a source of reference. The book is systematically structured, and most chapters are of high quality. . .' Achim Hurrelmann, Environment and Planning C 'The editors have produced an authoritative and comprehensive guide to multi-level governance. The book ranges across the domestic context, supraregionalism and global governance all filtered through a sophisticated analytical framework and attention to policy detail. There is no better place to go than this book for a guide to the topic. An outstanding accomplishment.' David Held, London School of Economics, UK Scholarship of multi-level governance has developed into one of the most innovative themes of research in political science and public policy. This accessible Handbook presents a thorough review of the wide-ranging literature, encompassing various theoretical and conceptual approaches to multi-level governance and their application to policy-making in domestic, regional and global contexts. The importance of multi-level governance in specific policy areas is highlighted, and the contributors an international group of highly renowned scholars report on the ways in which their field of specialization is or may be affected by multi-level governance and how developments could affect its conceptualization. European integration is considered from its unique standpoint as the key catalyst in the development of multi-level approaches, and the use of multi-level governance in other parts of the world, at both domestic and regional levels, is also considered in detail before focus is shifted towards global governance. The Handbook concludes with a presentation of six policy fields and instruments affected by multi-level governance, including: social policy, environmental policy, economic policy, international taxation, standard-setting and policing. This comprehensive Handbook takes stock of the vast array of multi-level governance theory and research developed in subfields of political science and public policy, and as such will provide an invaluable reference tool for scholars, researchers and students with a special interest in public policy, regulation and governance.
It is a decade since the debut of the landmark Global Civil Society yearbook. During that time, as the yearbook has attempted to debate, map and measure the shifting contours of this contested phenomenon, relationships between state and society have shifted. On both sides promises have been made and broken, expectations raised and shattered, partnerships brokered and roles reversed. Moreover, from the instigation of the International Criminal Court by a coalition of NGOs to the mass protests of civilians across North Africa, the influence of non-state actors has become impossible to discount.
In this anniversary edition, activists and academics look back on ten years of 'politics from below', and ask whether it is merely the critical gaze upon the concept that has changed - or whether there is something genuinely new in kind about the way in which civil society is now operating.
From the welfare states origins in Europe, the idea of human welfare being organized through a civilized, institutionalized and uncorrupt state has caught the imagination of social activists and policy-makers around the world. This is particularly influential where rapid social development is taking place amidst growing social and gender inequality. This book reflects on the growing academic and political interest in global social policy and globalizing welfare, and pays particular attention to developments in Northern European and North-East Asian countries.Providing historical and future-oriented perspectives on welfare issues and policies, Globalizing Welfare assesses the relevance of the Northern European welfare experience for East Asia, and addresses the differing ways that countries in the two regions are responding to similar challenges of increasing inequality, demographic change, and shifting relations between the state, market and non-profit organizations. With topical analysis of policy responses to these shared issues across contexts, the book assesses how these globalized, cross-cutting issues will impact future developments in welfare states.This book is a valuable resource for scholars and students alike of sociology, political science, economics, social policy and public administration, providing up-to-date knowledge of welfare state developments. It will also be of interest to policy-makers concerned with social welfare globally.
In this contribution, we explore evolution and stasis in EU asylum law and policy. We identify two tensions at the heart of the CEAS, between the commitment to protection and deflection of protection obligations, and between internal mobility within the EU and the immobilization of asylum seekers and refugees. We note the role of these foundational tensions in generating and exacerbating the ‘refugee crisis’ of 2015/16. This chapter is premised on a widely-shared understanding of the role of EU asylum policy in that crisis, namely that by illegalizing the travel of asylum seekers and refugees in search of protection, it contributes to the dangerous mass flight, which in turn generates humanitarian and political crises. We then analyse four key dimensions of EU asylum policy in light of these tensions: access to asylum, responsibility-allocation, legislative harmonisation, and institutionalised practical co-operation. Across these four fields, we identify the limits of EU law, and its general stasis, in spite of changes in Treaty telos, law-making processes, and EU enlargement. We briefly consider the role of the CJEU, still very much in the shadow of the ECtHR in asylum, in spite of its numerous rulings on the CEAS. Overall, we demonstrate its fairly minimalist approach in this area, avoidance of controversial cases by dubious use of inadmissibility findings, and failure to catalyse policy changes. Against this backdrop of legislative, political and judicial caution and inertia, we identify two key trends: a move towards greater institutional cooperation, including through the creation of a dedicated agency, the European Asylum Support Office (EASO), and a general flight from law in this policy field. We conclude by considering the likely impact of these trends on EU asylum law.