tag:blogger.com,1999:blog-8704899696538705849.post295570979442690089..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: The Calais crisis: which Member State is responsible?Steve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8704899696538705849.post-5214422321239835742016-04-05T04:43:40.584-07:002016-04-05T04:43:40.584-07:00Thanks for your question. The UK can opt in or out...Thanks for your question. The UK can opt in or out of all EU laws in this area. It has opted into some, like the Dublin Regulation, but out of others, like the asylum-seeker relocation Decisions (ie 'refugee quotas'). There's a complication if it wants to opt out of a major amendment to something it's already opted into, in that case it might be removed from participation in the previous law. So far this hasn't happened but it might soon, as regards the Dublin rules if they are amended soon.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-25878084977397737102016-04-05T04:12:15.034-07:002016-04-05T04:12:15.034-07:00Hi Steve,
I see that in the first section of the E...Hi Steve,<br />I see that in the first section of the EU Directive on reception conditions for asylum-seekers it states, paragraph 33 states: "In accordance with Articles 1 and 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU, and to the Treaty on the Functioning of the European Union (TFEU), and without prejudice to Article 4 of that Protocol, the United Kingdom and Ireland are not taking part in the adoption of this Directive and are not bound by it or subject to its application", therefore the UK is not required to apply this Directive.<br /><br />I am wondering: Is the UK allowed to opt out of/ or simply not bound by all the EU directives adopted in the area of Freedom, Security and Justice? Is this the reason why the UK can for example opt out of refugee quotas and any similar future EU decisions of the sort on the European refugee crisis?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-73951113353663290212015-08-07T11:36:27.884-07:002015-08-07T11:36:27.884-07:00State responsibility and individual responsibility...State responsibility and individual responsibility. Our democratic representatives have said that they wish to move up more of state responsibility to a new level - EU.<br />But the individuals that wants to move to greener pastures, have they checked if there are opportunities in their prospective reception state, or do they trust god and count that it will be fixed when they reach their goal? Otherwise they are making some interesting demands:<br />I demand that you serve me, that which I could not serve myself in my original state (nation state, not psychological state).<br /><br />My question is why they could not create prosperity in their original nation state? Is it EU bribes to the local dictators that put shackles around their ankles? For instance the initial Somali pirating was explained by depleted fish stocks due to EU fishing vessels outside the Somali coast, which was enabled by trade deals between EU and the Somali government thereby crashing the local economy.wonders in wondernoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-6096140699945188732015-08-01T06:26:02.836-07:002015-08-01T06:26:02.836-07:00The reception conditions Directive applies only to...The reception conditions Directive applies only to asylum-seekers. It is triggered once someone has made an application for asylum. So not everyone in Calais is covered by it. However, if the French government tried to return those who hadn't applied for asylum, I would expect more of them to apply for it. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-81593186630802898952015-08-01T05:35:24.983-07:002015-08-01T05:35:24.983-07:00Does the Directive on reception conditions apply o...Does the Directive on reception conditions apply only to asylum seekers, thereby necessitating some sort of process to distinguish between asylum seekers and economic migrants beforehand, or does it apply to possible asylum seekers? In short, I guess my question is whether all of the migrants located in Calais are covered by the Directive.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-40375172156070265802015-07-31T09:49:00.319-07:002015-07-31T09:49:00.319-07:00If it's reasonably clear that someone is a ref...If it's reasonably clear that someone is a refugee before they are recognised I would call them that. But it isn't clear enough to me whether this is the case for the migrants in Calais. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-5585150701734454842015-07-31T08:46:31.982-07:002015-07-31T08:46:31.982-07:00Using the term 'migrant' instead of 'r...Using the term 'migrant' instead of 'refugee' is appropriate when Criteria for the Determination of Refugee Status (in Handbook and Guidelines on<br />Procedures and Criteria for Determining Refugee Status) states that: <br /><br />'A person is a refugee within the meaning of the 1951 Convention as soon as he fulfils the criteria contained in the definition. This would necessarily occur prior to the time at which his refugee status is "formally determined". Recognition of his refugee status does not therefore make him a refugee but declares him to be one. He does not become a refugee because of recognition, but is recognized because he is a refugee'.<br /><br />This doesn't suggest that a person must be called refugee (and is a refugee) even prior to the time at which his refugee status is 'formally determined' by the responsible state (which is the case here)?Anonymousnoreply@blogger.com