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Reverse (negative) spillovers and the EU’s refugee crisis
Tamas Dezso Ziegler (Disintegration within the EU)
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Statements Several countries either disrespect EU law or adopted conflicting rules EU created rules which are not conform with international law and its own laws (EU-Turkey deal, hotspot-detention, etc.) General development v. abolition of cooperation coexists in the Union Also other fields like single market and human rights are effected by post-fascist demagoguery Several EU asylum law provisions were either abolished or will be disrespected in the future.
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Values changed Content of ‚refugee’ as a (legal) concept changed
In 2015 the acceptance rate of application was 9% in Hungary In 2017, 106 people received refugee status Afghans, Syrians: several countries give subsidiary protection instead of refugee status (Hungary, Germany – family unification highly problematic) Art 18 of the Charter of Fundamental rights becomes obsolete Concept of ‚safe third country’ changed Hungary: sending back refugees to Serbia (cf. Adimi case) EU level: EU-Turkey deal: sending refugees back to Turkey, which obviously is not a safe third country + human carousel) Other countries follow this method (Italy)
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Values changed Human rights breached Tranzit zones Hot spots
Inhuman treatment Ilias and Ahmed v. Hungary: procedural problems Detention Only 2 refugees/day (except weekend and holiday, when the entry is stopped) Hot spots Automatic detention Procedural problems Hungary: automatic detention + show trials
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Present European situation
Summary – EU level: Laws not applied Laws revoked Toxic demagoguery got widespread in EU legislation ? Age of lawlessness ?
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Theoretizing the problems
‚The social environment in which we find ourselves defines (constitutes) who we are, our identities as social beings. We are social beings, embedded in various relevant social communities. At the same time, human agency creates, reproduces, and changes culture through our daily practices.’ (Risse, 145. et seq.) Public choices set the direction of future (Brexit, progression, nationalism and tolerance, etc.) Dissertation + conference: the role of nationality Jürgen Basedow’s book – The Law of Open Societies. Brill, 2015. Politics and international relations are set by the social environment!
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Theoretising the problems
EU level: Existing and missing diputes Member States create a ‚community’ Self-reflection Domestic (Member State level) Nationalism, far right (post-fascist) demagoguery Public opinion tranforms itself into policies Zeev Sternhell: anti-enlightment is part of Western/European culture Reckoning with post-materialist values (Inglehart/Norris)
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The future Domestic legislation and culture in EU member states
EU legislation changes Reverse spillovers OR strenghtening of values Inter-governmental National layer: negotiations may societies must lead to changes strenghten tollerance Permanent changes
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Sources Andrew Moravcsik: The European Constitutional Compromise and the Neofunctionalist Legacy. Journal of European Public Policy 12:2 April –386. Ronald F. Inglehart, Pippa Norris: Trump, Brexit, and the Rise of Populism: Economic Have-Nots and Cultural Backlash. Faculty Research Working Paper Series, Harvard Kennedy School. Thomas Risse: Social Consructivism and European Integration. In: European Integration Theory. (Eds. T. Diez & A. Wiener,) OUP, 2004. Zeev Sternhell: The Anti-Enlightenment Tradition. Yale University Press, 2010.
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