CECS seminar

Different perspectives on citizenship and free movement of people in a European context

Programme:

12:15-12:25 Welcome and introduction by Professor Helle Krunke, CECS

12:25-12:45

Free Movement in the Nordic Countries –Trust and Crisis in the Shadow of EU Law
by Henrik Wenander, Professor of Public Law at the Faculty of Law at Lund University

12:45-13:05

(Non) Movement of refugees in and to Europe: Prioritizing control over protection
by Dr Eleni Karageorgiou, Ragnar Söderberg Postdoctoral Fellow, Law Faculty Lund University

13:05-13:25

Free movement of people and “new” models of citizenship
by Athanasia Andriopoulou, Post-doc researcher specialized in citizenship

13:25-14:00 Discussion

Registration deadline 25 February 2020


Speakers

Henrik Wenander is a Professor of Public Law at the Faculty of Law at Lund University. His research focuses on European and international aspects of public law, especially in relation to Swedish administrative law. He has published on mutual recognition of administrative decisions, the constitutional position of public administration, Nordic legal cooperation and general principles of administrative law under European influence. He is the co-editor of the peer-reviewed Swedish Journal of Administrative Law, Förvaltningsrättslig tidskrift.

He is currently active in the comparative research project The Constitutional Role of Public Administration in the Nordic Countries: Democracy, Rule of Law and Effectiveness under European Influence funded by Riksbankens Jubileumsfond.

Free Movement in the Nordic Countries –Trust and Crisis in the Shadow of EU Law

Henrik Wenander

Abstract

This presentation deals with the political and legal forms of international cooperation that have emerged between the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden) since the middle of the 20th century. From time to time this looser form of cooperation has been highlighted as an alternative to the EU, not least in relation to Brexit. The presentation gives an outline of the legal aspects this cooperation and look into its strengths and weaknesses in relation to EU law. The aim is to provide basic understanding of the central features of Nordic cooperation and its strengths and weaknesses in the contemporary societal setting. Special attention is given to the developments during the last five years, including the refugee crisis of 2015 and the perception of escalating gang violence in Sweden. The question is to what extent the Nordic countries can trust each other in times of crisis and how the constitutional framework of Nordic cooperation is adapted to this.

 


Dr. Eleni Karageorgiou, Ragnar Söderberg Postdoctoral Fellow, Lund University, Faculty of Law,  Senior Researcher, Raoul Wallenberg Institute of Human Rights and Humanitarian Law Tutor, SOAS University of London, UK, PhD in Public International Law / LLM in International Human Rights law Qualified Lawyer (Athens Bar Association).

(Non) Movement of refugees in and to Europe: Prioritizing control over protection

Dr Eleni Karageorgiou

 Abstract

Because of the scale of global displacement, in particular from Syria, the European Union has stressed the need to work on an effective asylum and immigration policy through more robust cooperation internally, between Member States, and externally, with third countries. This cooperation has taken different forms, including intra-EU measures of relocating asylum seekers from frontline countries based on the hotspots approach, and increasing externalization of EU asylum and migration policy to third countries, such as Turkey and Libya. These measures have been criticized for their implications for refugee rights and have exposed the structural flaws of the Common European Asylum System (CEAS). In my talk, I will discuss the assumptions underpinning European asylum policy since the 1990s and the way these assumptions are reflected in the aforementioned measures. The main proposition is that refugees have been framed as threat to the well functioning of the single market and, as such, they have been excluded from the free movement project. This rationale has shaped Europe’s involvement in refugee law, in such a way as to transform CEAS from a regional regime of international protection to a system of deterrence and control.


Athanasia Andriopoulou is a post-doc researcher specialized in citizenship. Furthermore, constitutional law, human rights and the related immigration topics are also part of her research interests and areas of teaching. She has just completed a post-doc research grant on “the non-citizen status” at the University of Urbino (Italy) where she is still lecturing (Department of Law and Department of Economy Sociology and Politics). Currently she is a Visiting Researcher at the University of Copenhagen and collaborating with CECS on a Marie Curie proposal.

Free movement of people and "new" models of citizenship

Athanasia Andriopoulou

Abstract

This presentation focuses on the shifting of the access criteria to citizenship from the “traditional” (ius sanguinis, ius soli) to “new” admission requirements (ius culturae, ius pecuniae). The later considered as sub-products of the current crisis themes: immigration and economic stability. As such, the ius culturae, on one hand, would establish a sort of assurance process, designed to preserve the national-constitutional identity and persist against the “otherness” of the third country candidates to citizenship. The ius pecuniae, on the other hand, would be a method to boost the national economic growth through a so-called “selling of the citizenship” process, consisting in commercializing the visa/residence permits and even the citizenship itself.

Long abandoned is the Arendt ideal of the “sacredness of a universal right” to citizenship, instead a pragmatic approach has replaced it: citizenship now appears mostly as a political device useful to address contingent opportunities and needs. Thus, a suggested point to observe the current developments from is the constitutional transformations on national and supranational level, where the prioritization of certain “essential goods” (financial stability, global market competition) regulate, or even dictate, the quality of rights.