IDEAS home Printed from https://ideas.repec.org/a/jes/wpaper/y2017v9i3p195-212.html
   My bibliography  Save this article

Is the EU-Turkey Action Plan an effective or just an apparent solution to the refugee crisis?

Author

Listed:
  • Carmen MOLDOVAN

    (Lecturer, PhD at the Faculty of Law, Alexandru Ioan Cuza University of Iasi, Romania;)

Abstract

European Union and its Member States have tried at least at political level to solve the problem of migrants and refugees inflows coming to Europe from the Middle East trough Turkey and Greece. Latest attempts in this regard are represented by the 2015 European Union-Turkey Action Plan and the 2016 Statement of the European Union and Turkey which contained measures aimed to control the irregular migration and human trafficking acts, in accordance with the European Union law and international standards of refugee law. Although the aforementioned acts refer to concrete provisional and extraordinary measures concerning different categories of persons arriving in Greece and applying for asylum and they were actually put in practice by Turkey, their legally binding force is controversial in the context of the recent interpretation of the Court of Justice of the European Union in some similar cases, in which the Court found that the 2016 Statement is not an act concluded by the institutions of the European Union and it is not an agreement legally binding. In other words, it represents a political statement which is excluded from the legality examination of the Court. Although the decision of the Court may be legally correct for procedural reasons, this situation raises questions concerning the commitment of the European Union and its institutions to really analyse and find effective measures regarding persons arriving in the European Union territory and claiming international protection according to international standards. The aim of this paper is to analyse the legal implications of the 2015 Joint Action Plan and the 2016 Statement and their compatibility with the international legal standard of refugees and to show the lack of resilience in adapting to refugee and irregular migration problems, contrary to the European Union values and principles.

Suggested Citation

  • Carmen MOLDOVAN, 2017. "Is the EU-Turkey Action Plan an effective or just an apparent solution to the refugee crisis?," CES Working Papers, Centre for European Studies, Alexandru Ioan Cuza University, vol. 9(3), pages 195-212, October.
    • Handle: RePEc:jes:wpaper:y:2017:v:9:i:3:p:195-212
    as

    Download full text from publisher

    File URL: http://ceswp.uaic.ro/articles/CESWP2017_IX3_MOL.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Anonymous, 1969. "I. United Nations," International Organization, Cambridge University Press, vol. 23(4), pages 971-989, October.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Elizabeth Bartholet, 2011. "Ratification by the United States of the Convention on the Rights of the Child: Pros and Cons from a Child’s Rights Perspective," The ANNALS of the American Academy of Political and Social Science, , vol. 633(1), pages 80-101, January.
    2. Roger R. Betancourt, 1969. "R. A. EASTERLIN. Population, Labor Force, and Long Swings in Economic Growth: The American Experience. Pp. xx, 298. New York: National Bureau of Economic Research (Distributed by Columbia University P," The ANNALS of the American Academy of Political and Social Science, , vol. 384(1), pages 183-192, July.
    3. Dahl, Reynold P., 1971. "Agricultural Development Strategies In A Small Economy: The Case Of Tunisia," Staff Papers 13678, University of Minnesota, Department of Applied Economics.
    4. Bell, Frederick W. & Nash, Darrel A. & Carlson, Ernest W. & Waugh, Frederick V. & Kinoshita, Richard K. & Fullenbaum, Richard F., 1970. "The Future of the World's Fishery Resources: Forecasts of Demand, Supply and Prices to the Year 2000 with a Discussion of Implications for Public Policy," File Manuscripts, United States National Marine Fisheries Service, Economic Research Division, number 233219, January.
    5. Rott, Nandor, 1981. "Theoretical and Methodological Problems of Income Regulation in the Hungarian Food Economy," Studies in Agricultural Economics, Research Institute for Agricultural Economics, vol. 48.
    6. Tsiboe, Francis & Nalley, Lawton Lanier & Dixon, Bruce L. & Popp, Jennie S. & Luckstead, Jeff, 2014. "Cost-Benefit Analysis of the Cocoa Livelihoods Program in Sub-Saharan Africa," 2015 Annual Meeting, January 31-February 3, 2015, Atlanta, Georgia 195775, Southern Agricultural Economics Association.
    7. Edward L. Glaeser, 2021. "Urban Resilience," NBER Working Papers 29261, National Bureau of Economic Research, Inc.
    8. Bloom, David E. & Canning, David & Mansfield, Richard K. & Moore, Michael, 2007. "Demographic change, social security systems, and savings," Journal of Monetary Economics, Elsevier, vol. 54(1), pages 92-114, January.
    9. Colistete, Renato P., 2010. "Revisiting Import-Substituting Industrialisation in Post-War Brazil," MPRA Paper 24665, University Library of Munich, Germany.
    10. Sakiko Fukuda-Parr & Terra Lawson-Remer & Susan Randolph, 2008. "Measuring the Progressive Realization of Human Rights Obligations: An Index of Economic and Social Rights Fulfillment," Working papers 2008-22, University of Connecticut, Department of Economics.
    11. Yuriy O. Guyvoronskiy & Svetlana A. Karandashova & Elena V. Sirotkina & Anastasia Y. Shishorina, 2014. "The Institutionalization Of The Party System In Russia: Opportunities And Threats At The Elections Of Governors," HSE Working papers WP BRP 17/PS/2014, National Research University Higher School of Economics.
    12. Syed Mubashir Ali & G. Mustafa Zahid, 1998. "Population Planning in Pakistan: How to Meet the Challenge?," The Pakistan Development Review, Pakistan Institute of Development Economics, vol. 37(4), pages 523-540.
    13. Paulson, Jo Ann, 1977. "Rural Labor Policies In The Agricultural Development Strategies Of The People'S Republic Of China," Staff Papers 13594, University of Minnesota, Department of Applied Economics.
    14. Kondwani Msowoya & Kaveh Madani & Rahman Davtalab & Ali Mirchi & Jay R. Lund, 2016. "Climate Change Impacts on Maize Production in the Warm Heart of Africa," Water Resources Management: An International Journal, Published for the European Water Resources Association (EWRA), Springer;European Water Resources Association (EWRA), vol. 30(14), pages 5299-5312, November.
    15. Susan E. Mayer & Leonard M. Lopoo, 2005. "Has the Intergenerational Transmission of Economic Status Changed?," Journal of Human Resources, University of Wisconsin Press, vol. 40(1).
    16. Andrea Bonilla‐Bolaños, 2021. "A step further in the theory of regional integration: A look at the South American integration strategy," Journal of International Development, John Wiley & Sons, Ltd., vol. 33(5), pages 845-873, July.
    17. Marta Białko & Bożena Hoła, 2021. "Identification of Methods of Reducing Construction Waste in Construction Enterprises Based on Surveys," Sustainability, MDPI, vol. 13(17), pages 1-13, September.
    18. Christina Leb, 2015. "One step at a time: international law and the duty to cooperate in the management of shared water resources," Water International, Taylor & Francis Journals, vol. 40(1), pages 21-32, January.
    19. Daron Acemoglu & Simon Johnson & James Robinson, 2005. "The Rise of Europe: Atlantic Trade, Institutional Change, and Economic Growth," American Economic Review, American Economic Association, vol. 95(3), pages 546-579, June.
    20. Kayani, Ashraf K., 1980. "Preparing subnational population projections: a manual for selected indirect methods," Series Históricas 8690, Naciones Unidas Comisión Económica para América Latina y el Caribe (CEPAL).

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:jes:wpaper:y:2017:v:9:i:3:p:195-212. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Alupului Ciprian (email available below). General contact details of provider: https://edirc.repec.org/data/csjesro.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.