Nauki Humanistyczne i Społeczne

Central and Eastern European Migration Review

Zawartość

Central and Eastern European Migration Review | 2021 | vol. 10 | No 1 : Unwanted Citizens of EU Member States and Their Forced Returns within the European Union |

Autorzy i Afiliacje

Witold Klaus
1
ORCID: ORCID
Agnieszka Martynowicz
2
ORCID: ORCID

  1. Institute of Law Studies, Polish Academy of Sciences, Poland
  2. Department of Law and Criminology, Edge Hill University, UK

Abstrakt

In contrast to the apparently stringent EU legal regime, the deportation of EU nationals is a law enforcement device widely normalised in many European countries. Concerning deportation prac-tices, the allegedly critical divide between EU citizens and third-country nationals does not seem to make much sense in practice for some – Eastern European – national groups. Initially, this paper explores the scope and scale of this increasingly salient component of the EU deportation system, by drawing on data supplied by national databases. Additionally, it examines why and how the depor-tation of EU nationals has gained traction across the European borderscape, a phenomenon that has much to do with rampant xeno-racist attitudes, widespread concerns over so-called ‘criminal aliens’ and, last but not at all least, the street-level management of poor populations and low-profile public order issues. Finally, this paper scrutinises the strength of institutional inertias in the management of enduringly subordinated – and racialised – Eastern European populations.
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Autorzy i Afiliacje

José A. Brandariz
1
ORCID: ORCID

  1. University of A Coruna, Spain

Abstrakt

This contribution examines the legal powers that Dutch authorities have to restrict the right to free move-ment of mobile but ‘unwanted’ EU citizens, including measures that seek to expel and ban EU citizens from re-entering the Netherlands. The article defines ‘unwanted’ EU citizens as mobile EU citizens in re-spect of whom national authorities seek to take measures to restrict their right of residence, either on the grounds of their being an unreasonable burden on the Dutch social assistance system or in respect of public policy and public security. We analyse the relevant EU legal rules, their interpretation by the Court of Justice of the EU and their national implementation and application in order to show the legal con-straints faced by national authorities when seeking to restrict EU mobility. This legal study is supple-mented by a discussion of existing data on the number of EU citizens expelled or removed from the Netherlands. Our analysis suggests that, due to the legal protection enjoyed by mobile EU citizens against measures restricting their residence rights, the Dutch authorities encourage voluntary departure as a pragmatic solution to the presence of ‘unwanted’ EU citizens.
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Autorzy i Afiliacje

Sandra Mantu
1
ORCID: ORCID
Paul Minderhoud
1
ORCID: ORCID
Carolus Grütters
1
ORCID: ORCID

  1. Centre for Migration Law, Radboud University, the Netherlands

Abstrakt

In early 2021, over 5 million European Union (EU) citizens had applied for settled status to secure their right to continue to live, work and study in the United Kingdom (UK) after the country’s withdrawal from the EU (Brexit). In 2018, the Home Office launched a Statement of Intent to implement an application process for EU citizens through its EU Settlement Scheme. In the period leading up to Brexit, the UK gov-ernment assured EU migrants that their existing rights under EU law would remain essentially un-changed and that applying for settled status would be smooth, transparent and simple. However, the application process has resulted in some long-term residents failing to obtain settled status, despite providing the required information. Based on qualitative in-depth interviews with 20 EU migrants living in two major metropolitan areas in Northern England, this article discusses the significant barriers which EU citizens face in the application process. This situation particularly affects the most vulnerable EU mi-grants with limited English-language skills and/or low literacy levels as well as those who are digitally excluded. The study contributes to the growing body of research on the consequences of Brexit for vulner-able EU migrants in the UK, focusing specifically on Central and Eastern European migrants.
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Autorzy i Afiliacje

Sanna Elfving
1
ORCID: ORCID
Aleksandra Marcinkowska
1
ORCID: ORCID

  1. University of Bradford, the UK

Abstrakt

Pre-Brexit media discourse in the UK focused extensively on the end of free movement, the governance of European mobility, and its relationship with state sovereignty. This article, methodologically anchored in Critical Discourse Analysis, discusses how the potential post-Brexit deportee, namely the ‘Vile Eastern Eu-ropean’, is depicted by the leading pro-Leave British press. The Vile Eastern European is juxtaposed with a minority of hard-working and tax-paying migrants from the continent, as well as with unjustly deported Windrush and Commonwealth migrants. As the newspapers explain, the UK has not been able to deport the Vile Eastern European because of the EU free movement rights. The press links the UK’s inability to remove the unwanted citizens of EU countries with its lack of sovereignty, suggesting that only new im-migration regulations will permit this deportation and make the UK sovereign again. The article con-cludes that the media discourse reproduces and co-produces the UK ideology of deportability that has been the basis for the EU Settlement Scheme and new immigration regulations.
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Autorzy i Afiliacje

Agnieszka Radziwinowiczówna
1 2
ORCID: ORCID
Aleksandra Galasińska
2
ORCID: ORCID

  1. Centre of Migration Research, University of Warsaw, Poland
  2. University of Wolverhampton, UK

Abstrakt

Poland is the leading country in pursuing its own citizens under the European Arrest Warrant (EAW), with the number of EAWs issued between 2005 and 2013 representing one third of the warrants issued by all EU countries (although some serious inconsistencies between Polish and Eurostat sta-tistical data can be observed). The data show that Poland overuses this instrument by issuing EAWs in minor cases, sometimes even for petty crimes. However, even though this phenomenon is so wide-spread, it has attracted very little academic interest thus far. This paper fills that gap. The authors scrutinise the topic against its legal, theoretical and statistical backdrop. Based on their findings, a theoretical perspective is drawn up to consider what the term ‘justice’ actually means and which activities of the criminal justice system could be called ‘just’ and which go beyond this term. The main question to answer is: Should every crime be pursued (even a petty one) and every person face pun-ishment – even after years have passed and a successful and law-abiding life has been building in another country? Or should some restrictions be introduced to the law to prevent the abuse of justice?
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Autorzy i Afiliacje

Witold Klaus
1
ORCID: ORCID
Justyna Włodarczyk-Madejska
1
ORCID: ORCID
Dominik Wzorek
1
ORCID: ORCID

  1. Institute of Law Studies, Polish Academy of Sciences, Poland

Abstrakt

The Schengen area tends to be commonly misconstrued in the public perception as being ‘border-free’, defined by the unrestrained mobility of people, goods and capital. In reality the so-called ‘internal borders’ are still marked by a fervour of activities, conducted by the various national state agencies created for the purpose of territorial protection. Identity and migration checks – which often strikingly resemble pre-Schengen border checks – special crime-prevention tasks and transnational operations of police-type forces, detention and the unrelenting transfers of asylum-seekers and forced returns of illegalised mi-grants (also of EU nationals) are only a few among the many responsibilities of the various border-guard formations. This paper, based on data from fieldwork with the street-level Polish Border Guards working in the Intra-Schengen border region on the Polish–German border, analyses the impact of different levels of institutional discretion: official, local and individual, with a particular focus on the officers’ behaviour and decision-making and on the role of discretion within the policy implementation of a specific proce-dure. Analysing the phenomenon of the forced returns (deportations) of EU nationals within the Schengen area, this paper exposes the nature of the little-known practice of cross-border transfers. It focuses on the phenomenon of a forced return of Polish citizens from Germany, specifically on the micro-level moment of transfer of custody between the German Federal Police (Bundespolizei) into the hands of the Polish Border Guards (Straż Graniczna) on the Polish–German border, looking at the procedural variations and the decision-making of the officers, especially in the context of its street-level echelon and its practical contribution to the concept of deportability.
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Autorzy i Afiliacje

Maryla Klajn
1
ORCID: ORCID

  1. Leiden University, the Netherlands

Abstrakt

The article offers a new perspective on contemporary and past migration processes in the post-Soviet area by testing the usefulness of the concept of a migration cycle for the Russian case. By adopting the longue durée approach, we attempt to assess the advancement of Russia’s migration cycle, arguing at the same time that it constitutes an interesting, yet not an obvious case with which to test the utility of the concept. We postulate that, in tracking Russia’s migration trajectories in pre-1991 times, it is im-portant to account for both the flows between Russia as the-then state entity (i.e. the Tsarist Empire, later the Soviet Union) and foreign countries and the flows between Russia as the core of the empire and its eastern and southern peripheries. Our analyses show that while – taking into account statistical consid-erations – Russia has undoubtedly already undergone the migration transition, it has not yet reached the stage of a mature immigration country. We also contend that migration transition for Russia occurred internally – within the-then state borders – and revealed itself with its transformation from a Soviet re-public into a federative state.
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Autorzy i Afiliacje

Zuzanna Brunarska
1
ORCID: ORCID
Mikhail Denisenko
2
ORCID: ORCID

  1. Centre of Migration Research, University of Warsaw, Poland
  2. Vishnevsky Institute of Demography, National Research University Higher School of Economics, Russia

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