Skip to main content Accessibility help
×
Home
Hostname: page-component-55597f9d44-5zjcf Total loading time: 0.334 Render date: 2022-08-11T06:37:53.638Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

1 - The ‘Migrant Crisis’: Member States’ or EU's Responsibility?

from PART I - The European Integration Project And Irregular Migration: Upholding Fundamental Values And Principles

Published online by Cambridge University Press:  12 October 2018

Luigi Lonardo
Affiliation:
King's College London, United Kingdom.
Get access

Summary

INTRODUCTION

The so-called ‘migration crisis’, which unfolded in the summer 2015, has seemed to pose, excluding the exaggerations of political discourses, a threat to the European Union's (EU) politics, security and ultimately values. Migratory fluxes are physiological and familiar to EU Member States. However, the extreme conditions resulting from the arrival and presence of a significant additional number of people in need of protection has acted as a trigger which ‘ exert[s] pressure on host countries, including their reception capacities, national asylum processes, economies and security’. Policy-makers have devoted increased attention to the study of migration, and have attempted to deal with trafficking, migrant smuggling and related exploitation at the national, regional and international levels. Despite these efforts, the International Organization for Migration has called Europe the most dangerous destination for irregular migrants in the world, and the Mediterranean the world's most dangerous border crossing. While European politicians and citizens alike have hurried to organise the response they best deemed fit to welcome (or not) the refugees, a key question has arisen for lawyers, philosophers and policy-makers in the EU: who should be held responsible for the people who seek protection?

This question has far-reaching moral, political and legal implications. This chapter focuses on the latter, with a twofold purpose. First, it discusses the question of legal responsibility of international organisations, under the Draft Articles on Responsibility of International Organizations (DARIO). Second, it seeks to contribute to a conceptualisation of the impact of the migration crisis on the role of the EU in the international sphere. In particular, the chapter discusses some of the challenges arising from the EU and Member States’ involvement in three activities: search and rescue operations; border controls; and onward journeys of migrants within the EU. It considers the relevant public international law and EU law obligations applicable to these operations in the Mediterranean Sea. Under the current DARIO, there are, in principle, two possibilities: a wrongdoing is either attributable to an international organisation, or it is not – hence, in the case of the EU, it is attributed to its Member States.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×