Summary by Mariana Gkliati
Papers by Mariana Gkliati
Forced Migration Review, 2021
Statewatch Analysis, 2021
Refugee Law Initiative Working Paper Series , 2018
This paper looks into the increased capacities, tasks and competences of Frontex (the European Bo... more This paper looks into the increased capacities, tasks and competences of Frontex (the European Border and Coast Guard Agency), brought about by the 2016 legislative reform. We examine whether this development was accompanied by an accountability regime of equal strength. The existing accountability mechanisms are measured against the standards of European Union (EU) primary and secondary law. The paper assesses the political, administrative, professional and social accountability of Frontex, including parliamentary oversight and the newly introduced individual complaints mechanism. The fi nal part of the paper focuses on legal accountability, a strong, yet highly complex, form of accountability. There, we introduce the concept of systemic accountability and investigate possible courses of legal action against Frontex. In sum, Frontex is subject to moderately increased scrutiny under its renewed founding Regulation and to various EU accountability mechanisms of general application. But several procedural and practical hurdles could render legal accountability diffi cult to achieve in practice.
Criminal Justice, Borders and Citizenship Research Paper No. 3118551, 2018
The interaction of multiple actors if European Border and Coast Guard Operations leads to a nexus... more The interaction of multiple actors if European Border and Coast Guard Operations leads to a nexus of responsibilities, both individual and collective, positive and negative, direct or indirect, that is hard to disentangle. The connections between the responsibility of member states and that of the agency often lead to a non-singular answer to the question of the one responsible, which is not accommodated by the existing paradigm of legal accountability. Thus, this paper suggests a different approach to accountability, named ‘systemic accountability’, arguing from the perspective of justice, the rule of law, and strategic litigation.
Movements, Journal for Critical Migration and Border Regime Studies, 2017
This article discusses the first case law issued on the EU-Turkey deal from April to June 2016, w... more This article discusses the first case law issued on the EU-Turkey deal from April to June 2016, which authoritatively answers the question whether Turkey constitutes a safe third country for refugees. In 390 out of 393 decisions, the Greek Asylum Appeals Committees ruled that Safe Third Country (STC) requirements were not fulfilled with respect to Turkey, essentially impeding the application of the EU-Turkey deal. Through empirical research, this article sheds light on the reasoning of the decisions of the Appeals Committees and investigates the impact of the EU-Turkey deal on them. This analysis is highly relevant to society today as it aspires to inform further law, policy, and jurisprudence in the field, especially since it provides access to sources that, due to language and other practical barriers, would remain far from the reach of legal and policy experts.
European Journal of Legal Studies, 2017
The article discusses the first case law issued on the EU-Turkey deal that authoritatively answer... more The article discusses the first case law issued on the EU-Turkey deal that authoritatively answers the question whether Turkey constitutes a safe third country for refugees. In 390 out of 393 decisions Greek Asylum Appeals Committees ruled that the safe third country requirements are not fulfilled with respect to Turkey, essentially impeding the application of the EU-Turkey deal. The purpose of this article is, on the first level, through empirical research, to shed light on the reasoning of the decisions of the Appeals Committees and investigate the impact of the EU-Turkey agreement upon them. On a second level, it focuses on evaluating from the perspective of effective legal protection the legislative amendment, subsequent to these decisions, which modifies their composition. The analysis is of significant societal relevance, as it aspires to inform further law, policy, and jurisprudence in the field, especially since it provides access to sources that due to language and other practical barriers would remain far from the reach of legal and policy experts.
1. What is the right to property?
2. How does this right compare to the
right of a clean environm... more 1. What is the right to property?
2. How does this right compare to the
right of a clean environment?
3. What is the situation of those rights
in the western capitalist community?
4. Is change possible, or do the current
rulers benefit too much from the
status quo?
This article examines whether law and practice in Greece with respect to access to
the asylum pro... more This article examines whether law and practice in Greece with respect to access to
the asylum procedure are in violation of EU law and the European Convention on
Human Rights (ECHR). When the situation of asylum in Greece is examined, the
discussion always focuses on low recognition rates and detention conditions. Although it can mean the nullification of the right in practice, the problem of access to the asylum procedure rarely makes headlines.
The present research aspires to shed light on the worrying situation of access, not
from an international refugee law perspective but from a regional human rights one.
Blogs by Mariana Gkliati
EU Immigration and Asylum Law and Policy, Odysseus Network, 2021
Open Government blog, 2021
In a media environment that is driven by emotion and fetishises fear, facts are often buried und... more In a media environment that is driven by emotion and fetishises fear, facts are often buried under tons of populism. However, new accessible technologies can empower journalistic research and allow it to regain its integrity and independence.
In the context of human rights, new technologies are most commonly discussed with respect to privacy risks and data protection. Yet, used responsibly, new technologies and big data also hold unique potential for human rights (journalistic) research and advocacy.
http://datadrivenjournalism.net/news_and_analysis/the_explored_and_unexplored_potential_of_big_data_and_new_technologies
Efimerida ton Syntakton (EFSYN), Nov 29, 2016
marianaIn legal studies, discussion of new technologies has often focused on the risks to privacy... more marianaIn legal studies, discussion of new technologies has often focused on the risks to privacy and data protection. Mariana Gkliati outlines how such technologies may be seen not only as Orwellian threats but also as opportunities for human rights research. Some advances have already been made and there remains much to learn from other fields. However, to build on such progress institutions must be prepared to invest in developing technologies, encourage interdisciplinary work and establish a robust ethical research framework.
http://blogs.lse.ac.uk/impactofsocialsciences/2016/09/30/the-potential-of-big-data-and-new-technologies-in-human-rights-research/
In Spring 2016 the Greek Asylum Committees, issued a number of decisions declaring that Turkey is... more In Spring 2016 the Greek Asylum Committees, issued a number of decisions declaring that Turkey is not a safe third country for Syrian refugees, effectivelly blocking the EU-Turkey agreement.
Shortly after the first decision had been issued, the Committees were disolved by national law and replaced by committees with a different composition.
available at: http://leidenlawblog.nl/articles/greece-creates-new-asylum-appeals-committees
According to conventional wisdom among legal scholars, legal methodology is so obvious that it d... more According to conventional wisdom among legal scholars, legal methodology is so obvious that it does not need to be discussed. Methodology sections of books and journal articles refer to the infamous elephant path, as the route that everyone else before us has taken, suggesting that it would be stating the obvious if the author were to describe their research methods with anything more than ‘traditional legal research’ or ‘desk research’.
But can you still recognise the elephant path, if you’ve never seen an elephant before?
Available at: http://leidenlawblog.nl/articles/traditional-legal-methodologywhat-if-you-have-never-seen-an-elephant-before
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Summary by Mariana Gkliati
Papers by Mariana Gkliati
2. How does this right compare to the
right of a clean environment?
3. What is the situation of those rights
in the western capitalist community?
4. Is change possible, or do the current
rulers benefit too much from the
status quo?
the asylum procedure are in violation of EU law and the European Convention on
Human Rights (ECHR). When the situation of asylum in Greece is examined, the
discussion always focuses on low recognition rates and detention conditions. Although it can mean the nullification of the right in practice, the problem of access to the asylum procedure rarely makes headlines.
The present research aspires to shed light on the worrying situation of access, not
from an international refugee law perspective but from a regional human rights one.
Blogs by Mariana Gkliati
http://leidenlawblog.nl/articles/a-co-operative-way-out-of-exploitation-reflections-on-the-manolada
In the context of human rights, new technologies are most commonly discussed with respect to privacy risks and data protection. Yet, used responsibly, new technologies and big data also hold unique potential for human rights (journalistic) research and advocacy.
http://datadrivenjournalism.net/news_and_analysis/the_explored_and_unexplored_potential_of_big_data_and_new_technologies
https://www.efsyn.gr/arthro/anisyhia-gia-ta-eheggya-anexartisias-ton-neon-epitropon-prosfygon
http://blogs.lse.ac.uk/impactofsocialsciences/2016/09/30/the-potential-of-big-data-and-new-technologies-in-human-rights-research/
Shortly after the first decision had been issued, the Committees were disolved by national law and replaced by committees with a different composition.
available at: http://leidenlawblog.nl/articles/greece-creates-new-asylum-appeals-committees
available at: https://www.law.ox.ac.uk/research-subject-groups/centre-criminology/centreborder-criminologies/blog/2016/05/proud-aid-and
Available at: https://www.law.ox.ac.uk/research-subject-groups/centre-criminology/centreborder-criminologies/blog/2016/03/registering
But can you still recognise the elephant path, if you’ve never seen an elephant before?
Available at: http://leidenlawblog.nl/articles/traditional-legal-methodologywhat-if-you-have-never-seen-an-elephant-before
2. How does this right compare to the
right of a clean environment?
3. What is the situation of those rights
in the western capitalist community?
4. Is change possible, or do the current
rulers benefit too much from the
status quo?
the asylum procedure are in violation of EU law and the European Convention on
Human Rights (ECHR). When the situation of asylum in Greece is examined, the
discussion always focuses on low recognition rates and detention conditions. Although it can mean the nullification of the right in practice, the problem of access to the asylum procedure rarely makes headlines.
The present research aspires to shed light on the worrying situation of access, not
from an international refugee law perspective but from a regional human rights one.
http://leidenlawblog.nl/articles/a-co-operative-way-out-of-exploitation-reflections-on-the-manolada
In the context of human rights, new technologies are most commonly discussed with respect to privacy risks and data protection. Yet, used responsibly, new technologies and big data also hold unique potential for human rights (journalistic) research and advocacy.
http://datadrivenjournalism.net/news_and_analysis/the_explored_and_unexplored_potential_of_big_data_and_new_technologies
https://www.efsyn.gr/arthro/anisyhia-gia-ta-eheggya-anexartisias-ton-neon-epitropon-prosfygon
http://blogs.lse.ac.uk/impactofsocialsciences/2016/09/30/the-potential-of-big-data-and-new-technologies-in-human-rights-research/
Shortly after the first decision had been issued, the Committees were disolved by national law and replaced by committees with a different composition.
available at: http://leidenlawblog.nl/articles/greece-creates-new-asylum-appeals-committees
available at: https://www.law.ox.ac.uk/research-subject-groups/centre-criminology/centreborder-criminologies/blog/2016/05/proud-aid-and
Available at: https://www.law.ox.ac.uk/research-subject-groups/centre-criminology/centreborder-criminologies/blog/2016/03/registering
But can you still recognise the elephant path, if you’ve never seen an elephant before?
Available at: http://leidenlawblog.nl/articles/traditional-legal-methodologywhat-if-you-have-never-seen-an-elephant-before
http://leidenlawblog.nl/articles/from-lampedusa-to-brussels-behind-the-scenes.-how-strong-is-democracy-in-eu
The paper was presented at the Seminar: Seminar, Controlling Migration through Cooperation: Recent trends in the externalisation of migration control, in Tilburg, on 2 February 2018.
The slides of the presentation are also available here.
It looks in particular in the Frontex Sea Operations Regulation
It is argued, based on the examination of the Court’s jurisprudence and focusing particularly on a series of rulings produced in 2014, that the CJEU might be exploring the limits of rights recognition in the field of migration. The Court’s reasoning, enriches the harmonization process and implies far-reaching present and future effects for migration and asylum policies in Europe.
In particular, the Court has ruled that the Schengen Borders Code, the Visa Code and the Students Directive list exhaustive grounds for refusing visa and admission. Thus, the states have no discretion to refuse an applicant based on grounds not listed in the relevant EU instruments. As long as third country nationals fulfill the requirements set therein, they have the right to be admitted and to be issued a visa.
The paper analyzes the far reaching consequences of the development of the Court’s case law, as they manifest themselves in questioning sovereign international law prerogatives of states to control immigration, and in the reading of a right to be granted asylum in Article 18 of the EU Charter of Fundamental Rights.
Europe on Trial is a theatrical debate, inspired by the Russell/Sartre Tribunal, organized by Lara Staal and Yoonis Osman Nuur. The debate, took place at de Balie, Amsterdam, in the context of a series of events organized by the Forum on European Culture.
Using the art of theatre, the debate took the form of a trial to look into the responsibility of Europe for violating the human rights of migrants.
Mariana Gkliati stood as chair/judge, next to Maxim Ferschtman, judge at Court Mid-Netherlands, and Olivia Rutazibwa, lecturer of International Relations, University of Portsmouth.
Expert witness testimonies were presented by academics, artists, and politicians, among which Thomas Spijkerboer and Paul Scheffer.
The video is available on demand at: https://www.debalie.nl/agenda/podium/europe-on-trial/e_9783381/p_11771362/
For more information:
Forum on European Culture: https://cultureforum.eu/”
- the proposal for the new Returns Directive
- the expansion of the mandate of Frontex and
- the expansion and interconnection of EU databases and information system.
Return operations have been part of the initial conception and the original mandate of the agency and were found in its founding Regulation in 2004. The first return operation was carried out in 2006, but the number of returns carried out only started increasing in 2016, while the agency only received a major enhancement in its return competences and budget with the new EBCG Regulation in 2019, which brings the agency closer than ever to the original vision of the Commission for a fully-fledged a European Border Police Corps.
This rapid evolution has not allowed academic literature to catch up and focus on Frontex return operations in particular. This contribution, drawing from the author’s own research on the work of Frontex more generally and its human rights responsibilities in particular, as well as other policy oriented research, attempts to fill this gap and respond to the desire to understand this new animal and its consequences upon fundamental rights. This chapter looks into the development of the return activities of the agency and focuses on the 2019 amendment of its Regulation. It discusses the human rights sensitivities of these activities, as well as the available safeguards for their protection. Finally, it looks into the responsibility of Frontex for potential violations during return operations