Humanitarian Visas and the External Dimensions of the EU Migration and Asylum

Place
Halle
Host/Organizer
Marie-Claire Foblets und Luc Lebouf (Department 'Law and Anthropology', Max Planck Institute for Social Anthropology); Winfried Kluth and Dirk Hanschel (Faculty of Law, Economics and Business Martin Luther University Halle-Wittenberg)
Date
17.05.2018 - 18.05.2018
Deadline
14.05.2018
By
Silke Schmidt

The aim of the conference is to critically assess the role humanitarian visas may play in the search for the appropriate balance between efficient border management and human rights protection, and how achieving this balance can be reconciled within the external dimension of the current EU migration and asylum policy. In other words, can humanitarian visas, in one or another way, help overcome that tension and, if so, under what conditions?

Three panels are convened. The first panel will focus on the international and European legal obligations that are binding both to the EU and to the Member States, and the constraints they put - potentially and effectively - on the externalisation of the EU’s migration and asylum policy. It is intended to assess and reflect on the extent to which Member States maintain their discretionary power when it comes to (the protection of) migrants who are (still) outside Europe. This will imply to address fundamental questions of EU law, such as the scope of the EU Charter of Fundamental Rights. The second panel will focus on the domestic situation in three Member States and an associated State in particular (Germany, Belgium and Switzerland): does the law provide for delivery of humanitarian visas and, if so, what are the practices? The aim is to get a better understanding of State practices with regard to humanitarian visas. The third panel is future oriented; the aim is to engage in a discussion on the role of humanitarian visas in the further development of an EU migration and asylum policy, in particular when it comes to its external dimension. Building on the conclusions of the first two panels on legal certainties and uncertainties, participants are invited to reflect on the future of European migration policies towards migrants who seek to reach EU territory.

François Crépeau, Professor in the Law Faculty at McGill University and former UN Special Rapporteur on the Human Rights of Migrants, will introduce the discussions on the third panel with a keynote speech on how humanitarian visas may contribute to new forms of international migration and asylum governance.

As part of the conference, the University of Halle-Wittenberg organizes an evening event at the law faculty, from 19.00 till 20.00. Professor Crépeau will take the floor to present his vision on the future of migration governance in the context of the ongoing negotiations on the global compacts on asylum and migration, which he contributed to launch in his capacity as UN Special Rapporteur for the Human Rights of Migrants.

Programm

Thursday, 17 May 2018
12.45 Registration

13.15 Introduction
Winfried Kluth (Professor at the Martin Luther University Halle-Wittenberg)
Marie-Claire Foblets (MPI for Social Anthropology, Department ‘Law & Anthropology’, Halle)

13.30 Humanitarian visas and the external dimension of EU migration and asylum law
Luc Leboeuf (MPI for Social Anthropology, Halle)

14.00 Panel 1: Humanitarian visas and obligations under international and EU law
Chair: Burkhard Hess (Director of the MPI for International, European and Regulatory Procedural Law, Luxembourg)
Participants:
Dirk Hanschel (Martin Luther University Halle-Wittenberg)
Nico Mol ( Registry of the European Court of Human Rights, Strasbourg)
Stephanie Law (MPI for International, European and Regulatory Procedural Law, Luxembourg)
Sylvie Sarolea (University of Louvain)

16.15 Discussion

Thursday, 17 May – Evening
Venue: Aula of the Martin Luther University Halle-Wittenberg
18:09 Introduction
Winfried Kluth (Martin Luther University Halle-Wittenberg)
Dirk Hanschel (Martin Luther University Halle-Wittenberg)

Keynote: ‘Mobility and Migration Diversity: New Horizons for Human Rights’
François Crépeau (McGill University, Montreal, former UN Special Rapporteur on the Human Rights of Migrants)

Panel Discussion
Chair: Marie-Claire Foblets (MPI for Social Anthropology, Halle)

Participants:
François Crépeau (McGill University, Montreal, former UN Special Rapporteur on the Human Rights of Migrants)
Daniel Thym (University of Konstanz)
Constantin Hruschka (MPI for Social Law and Social Policy, Munich)
Sylvie Sarolea (University of Louvain)

20.00 Dinner at restaurant ‘Delphi’
21.00 Wrap-up & Discussion

Friday, 18 May 2018

08.30 Making the case for the humanitarian visa
Tristan Wibault (Bar of Brussels)

09.00 Panel 2: National practices on humanitarian visas
Chair: Winfried Kluth (Martin Luther University Halle-Wittenberg)

Participants:
Pauline Endres de Oliveira (University of Giessen)
Serge Bodart (Council for Alien Law Litigation, Brussels)
Constantin Hruschka (MPI for Social Law and Social Policy, Munich)
Katia Bianchini (MPI for Religious and Ethnic Diversity, Göttingen)

11.00 Coffee break
11.15 Discussion
12.15 Lunch

13.00 What could be the role of humanitarian visas in the external dimension of the EU migration and asylum policy?
François Crépeau (McGill University, Montreal, former UN Special Rapporteur on the Human Rights of Migrants)

13.30 Panel 3: Humanitarian visas and the future of the external dimension of the EU migration and asylum policy
Chair: Marie-Claire Foblets (MPI for Social Anthropology, Halle)

Participants:
Daniel Thym (University of Konstanz, Germany)
Michel Lastschenko (International Centre for Migration Policy Development (ICMPD), Vienna; Former Ambassador of Belgium and Special Envoy on Asylum and Migration)
Karel Uyttendaele (Circular migration-project, Erondegem)
Sophie Nakueira (MPI for Social Anthropology, Halle, Germany)
Catharina Ziebritzki (MPI for Comparative Public Law and International Law, Heidelberg)

15.30 Coffee break
16.00 Discussion
16.45 Conclusion

Jean-Yves Carlier (University of Louvain)
Luc Leboeuf (MPI for Social Anthropology, Halle)

Kontakt

Silke Schmidt
sschmidt@eth.mpg.de

Citation
Humanitarian Visas and the External Dimensions of the EU Migration and Asylum, 17.05.2018 – 18.05.2018 Halle, in: Connections. A Journal for Historians and Area Specialists, 05.05.2018, <www.connections.clio-online.net/event/id/termine-37201>.
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05.05.2018
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