droit + jurisprudence

Integriert ist, wer…

26.02.2018 , in ((Politique, Sans-Papiers)) , ((Pas de commentaires))

… die öffentliche Sicherheit und Ordnung beachtet, wer die Werte der Bundesverfassung respektiert, wer die erforderlichen Sprachkompetenzen nachweist und wer am Wirtschaftsleben oder am Erwerb von Bildung teilnimmt. Bald sind diese Integrationskriterien von den zuständigen Behörden bei der Beurteilung der Integration zu berücksichtigen: auch bei Härtefallgesuchen von «Sans-Papiers»? ...

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What’s in a Name? Holot, an « Open Detention Facility » for « Infiltrators » in Israel

16.02.2018 , in ((Border Criminologies, Experiences)) , ((Pas de commentaires))

Political discourse and public debate are sites where exclusionary and criminalizing rhetoric about migrants emerges in visible and often explicit forms. A more “mundane” site of analysis is the everyday language of state bureaucracy: Administrative detention, “infiltrators”, and “open detention facility”. Officially, these terms are chosen based on technical or bureaucratic considerations. However, the way these choices are experienced, and their symbolic significance, cannot be ignored: They construct a punitive, criminal aura. ...

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The European Parliament and the Reform of the Dublin System: Bold but Pragmatic?

23.01.2018 , in ((Politique)) , ((Pas de commentaires))
et

A new chapter is being written in the troubled history of the Dublin system. (Hastily) declared dead at the height of the crisis’ of 2015, it has been (belatedly) judged unfit for purpose by a whole range of actors including the European Commission and Parliament. A fundamental reform has therefore been placed on the agenda as matter of urgency. ...

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(Dual National) Politicians – between “Pure-Bloods” and “Half-Bloods”

14.11.2017 , in ((Dual Citizenship of Politicians, Politique)) , ((Pas de commentaires))

Last week, Ignazio Cassis became one of the Swiss federal councilors – after having surrendered his Italian passport in the weeks before the election. Simultaneously, in Australia several parliamentarians had to relinquish their seat, because it turned out that they had dual citizenship. Thinking about dual citizenship of elected politicians, four points are to be considered: “awareness” and the “possibility to renounce” where a prohibition for dual citizens to run for office is in force, as well as “loyalty” and “representation”, the basic arguments used when creating such prohibitions. ...

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When the Right to Vote and the Right to Run for Political Office Do Not Coincide

09.11.2017 , in ((Dual Citizenship of Politicians, Politique)) , ((Pas de commentaires))

Ignazio Cassis’ renunciation of his Italian citizenship has re-launched the debate on the meaning of political rights – and, in particular, the right to run for political office – in Switzerland. According to Cassis, his decision was necessary – politically, although not legally – in order to be elected to the Federal Council. At the same time, Cassis did not see dual citizenship as an obstacle to vote or to run as a candidate to the Federal Parliament. This episode shows that the right to vote and the right to run for political office are not necessarily aligned. ...

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