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Session Chair: Sarah Leonard, University of the West of England
AFSJ: EU Asylum and Migration Policy
Chair(s): Sarah Leonard (University of the West of England, Bristol), Hartmut Aden (Berlin School of Economics and Law)
Discussant(s): Sarah Leonard (University of the West of England Bristol)
AFSJ Panels rationale
The AFSJ has its roots in the EU’s old “third pillar,” which was founded in 1993 and covered “justice and home affairs.” Later, with the Amsterdam Treaty, the EU established the goal of creating an AFSJ through its policymaking. Today, this policy domain entails border management, asylum and migration, the fight against cross-border crime and terrorism, the protection of fundamental rights, and cooperation on civil law. Over the past decade or so, developments in the AFSJ have been paralleled by increased scholarly activity on this wide-ranging policy area. The small group of researchers who have been following the AFSJ since the 1990s have now been joined a new generation of scholars who have published a many fine PhD theses, books, articles, and chapters – especially over the past five years. Nevertheless, projects on the AFSJ remain underrepresented at professional conferences and in EU studies in general. The focus of this panel is specifically on EU asylum and migration policy.
Presentations of the Symposium
Towards New Asylum Norms and Policies in the European Union? The Impact of the Refugee Crisis in the Mediterranean
Sarah Leonard1, Christian Kaunert2 1University of the West of England, Bristol, 2University of South Wales
This paper examines the extent to which the ongoing refugee crisis in the Mediterranean has led to the development of new asylum norms and policies in the European Union. In order to do so, the paper develops a theoretical framework drawing upon Kingdon’s work on policy change and the literature on norms in international relations. The following empirical analysis is structured into two main sections. The first identifies the norms that have underpinned the development of the European Union policy on asylum from its inception until the start of the refugee crisis. The second section analyses to extent to which, if any, the refugee crisis in the Mediterranean has been used as a window of opportunity by norm and/or policy entrepreneurs to advocate for new asylum norms and practices. It also considers how successful these norm and/or policy entrepreneurs have been in order to assess the extent to which new asylum norms and policies have emerged in the European Union in the context of the Mediterranean refugee crisis.
Frontex as a Law-enforcement Agency
Artur Gruszczak Jagiellonian University Krakow
This paper argues that Frontex since the 2015 migration crisis has developed law-enforcement properties increasingly focusing on cross-border crime, including terrorism, and cooperating with other relevant EU agencies as well as national security institutions. An EU framework for internal security cooperation, including policy cycle, EMPACT and ICT systems interoperability, is checked against a strong tendency to criminalize migration and concentrate external border management on the prevention and combating of various forms of cross-border crime. Frontex’s transformation is seen as a litmus test for the EU’s capabilities, coupled with Member States’ interests and objectives, of strenghtening and consolidating border and pre-frontier law-enforcement mechanisms of an overall fight against transnational crime which originates outside the territory of Member States yet has a strong impact on the EU’s internal security and external border management.
Buidling on a critical assessment of the neo-institutionalist theory of ‘agencification’ of the EU’s area of freedom, security and justice, the paper proposes a complex network approach as a conceptual frame responding to the changing security environment and the corresponding functional adjustment of relevant EU agencies, with a special attention devoted to Frontex. A special emphasis is put on strategic awareness capacity building entailing information gathering as well as intelligence analysis and sharing. Such aspects of Frontex’s intelligence tradecraft as CIRAM, data management cycle, situation centre, fusion capabilities, will be thoroughly investigated with the aim of identifying and analysing elements of criminal intelligence and intelligence-led law enforcement. They will be juxtaposed with Frontex’s extended operational competences and capabilities in a way which examines the agency’s practical contribution to the EU’s internal security policy.
Fear, Anxiety and Emotional Security after the Refugee Wave - the Commodification of the Security Market and the European Self-identity Crisis
Joana Deus Pereira, Christian Kaunert University of South Wales
The chronological discourse of the construction of the EU’s identity has showed that since 2014, there has been a major shift regarding Europeans fears and anxieties. Economic fears, especially those related to unemployment were prevalent between 2007-2012 debt crisis, but during the peak of the refugee crisis, those related to immigration and terrorism had a rampant growth.
(In)security linked to the migration/refugee crisis has been widening the market for security, despite the incongruous fact that Europe has been thriving for the longest peace period ever since IIWW. Statistics have shown that there has been a continuous growth of the private security market for the last decade, although it has been difficult to observe the linkages between the apparent low risk regarding physical insecurity and the growing apprehension towards this novel perception of refugees as a security threat.
This article seeks to understand the impacts of the refugee crisis on the mutation of the European perception of threats and how the market has been responding to them within the tarnished idea of EU as a collective security provider.
This article borrows the lens of ontological security to understand how the anxiety and fear caused by the refugee crisis led not only to a commodification of the security market, but also how it has been shaping the European self-identity crisis.