Publicação
The 2015 and 2022 refugee ´crises´: An Analysis from the Perspective of EU Anti-Discrimination Law
| Resumo: | The European Union has faced two major refugee influxes over the last two decades: the 2015 ‘crisis’, primarily involving refugees from the Middle East and Sub-Saharan Africa, and the 2022 ‘crisis’, triggered by the Russo-Ukrainian war. Although both events overwhelmed and challenged the structures of the Member States and EU institutions, the responses were markedly different. This stark contrast in approach has led some academics to question whether these differences amount to discriminatory practices, especially given that the refugee numbers were similar, with many fleeing comparable circumstances. The primary distinguishing factors between the two groups were their nationalities and their race and/or ethnic origins. While much has been written separately about EU anti-discrimination law and the refugee ‘crises’, there is a lack of extensive literature comparing the EU’s response to both ‘crises’ through the lens of EU legal instruments, particularly its fundamental treaties and the Race Equality Directive. Using comparative and doctrinal legal analysis, our research demonstrates that EU anti-discrimination law has significant limitations in addressing the differential treatment observed in these two ‘crises’. The Race Equality Directive, intended to protect third-country nationals (TCNs), contains two major exclusions: differential treatment based on nationality and conditions of entry and residence in a Member State. Given these exclusions, we conclude that the EU’s approach to entry and residence could not be deemed discriminatory. Instead, only the integration policies following the refugees’ arrival fall under the Directive's scope. From this, we draw conclusions about the applicability of the Directive to issues of race and ethnicity. |
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| Autores principais: | Beatriz Alves Teixeira Gomes Guimarães |
| Assunto: | discrimination European Union Migration refugee crisis race third-country nationals crise de refugiados discriminação raça migração nacionais de países terceiros União Europeia |
| Ano: | 2024 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso restrito |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | inglês |
| Origem: | Repositório Institucional da UNL |
| Resumo: | The European Union has faced two major refugee influxes over the last two decades: the 2015 ‘crisis’, primarily involving refugees from the Middle East and Sub-Saharan Africa, and the 2022 ‘crisis’, triggered by the Russo-Ukrainian war. Although both events overwhelmed and challenged the structures of the Member States and EU institutions, the responses were markedly different. This stark contrast in approach has led some academics to question whether these differences amount to discriminatory practices, especially given that the refugee numbers were similar, with many fleeing comparable circumstances. The primary distinguishing factors between the two groups were their nationalities and their race and/or ethnic origins. While much has been written separately about EU anti-discrimination law and the refugee ‘crises’, there is a lack of extensive literature comparing the EU’s response to both ‘crises’ through the lens of EU legal instruments, particularly its fundamental treaties and the Race Equality Directive. Using comparative and doctrinal legal analysis, our research demonstrates that EU anti-discrimination law has significant limitations in addressing the differential treatment observed in these two ‘crises’. The Race Equality Directive, intended to protect third-country nationals (TCNs), contains two major exclusions: differential treatment based on nationality and conditions of entry and residence in a Member State. Given these exclusions, we conclude that the EU’s approach to entry and residence could not be deemed discriminatory. Instead, only the integration policies following the refugees’ arrival fall under the Directive's scope. From this, we draw conclusions about the applicability of the Directive to issues of race and ethnicity. |
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