Concepts of Refugee and Migrant in Legal Order
Presented by: Prof. Dr. Wielec
Date: 6 May 2024
New Legal Challenges For Central European Countries
- The issue of application – Artificial Intelligence
- The question of the political, demographic, economic, cultural and financial future of
the European Union
- Existential, ideological and reproductive issues of man, so interfering in the origin of
life, interfering with the end of life, interfering with the duration of life.
- The problem of migration / refugees in the broadest sense
The Process Of Human Migration
- MIGRATION
• The movement of people
• The last century is called the "age of migration"
- Demographic growth
- Infrastructure development
- Climate
- Development of means of transport
- Expansion of production and trade
- Media development
- Seeking ease of life
- Economic situation
- War - mass escapes, evacuations from the front, displacements and deportations
The Hidden Factor Of Migration
- GLOBALISATION
• Globalization is a process of increasing integration and interconnectedness
between countries in terms of economy, technology, politics, culture and
society.
• Globalization is a complex and multidimensional process that brings both
benefits and challenges. Its impact varies from country to country, region to
region, or even from individual to individual.
Impact Of Migration Processes
- National security
- The social structure of the state
- Cultural issues
- Worldview issues
- Issues related to the development of the economy of countries
- Issues of preserving tradition, uniformity of the state
- Issues of preserving the history of the state
Reason of State - Raison d'état
- Giovanniego Botero
- Niccolò Machiavelli
Characteristics Of The Raison D'état
- Independence
- Sovereignty
- The territorial integrity of the state
- National security
- National identity of the state
- The structure of social ties of the state
- Development opportunities of the state
Law As The Most Important Tool In Migration Processes
- This law will not only set the basic definitions, but also set the limits of the influx of
people, put things in order, clarify and normalize these phenomena, making them more
controlled and predictable.
- This law will define the limits of permitting and conducting migration and refugees,
and will ultimately be the main tool for rationalizing and controlling this phenomenon.
- This right, finally, in terms of controlling the phenomenon of the transfer of people, will
express the raison d'état of each country.
Elements Of Legal Regulations
- Qualification
• An example of qualification may be the provisions of Directive 2011/95/EU of
the European Parliament and of the Council of 13 December 2011 on standards
for the qualification of third-country nationals or stateless persons as
beneficiaries of international protection, a uniform status for refugees or persons
eligible for subsidiary protection, and the scope of protection granted (recast).
- Reception
• An example of reception should be the provisions of Directive 2013/33/EU of
the European Parliament and of the Council of 26 June 2013 on the
establishment of standards for the reception of applicants for international
protection (recast).
- Procedure
• An example of a procedure is the provisions of Directive 2013/32/EU of the
European Parliament and of the Council of 26 June 2013 on common
procedures for granting and withdrawing international protection (recast).
The Concept Of A Refugee
- A refugee is a person who resides outside his/her country of origin, of vhich he/she is a
citizen or where he/she has a permanent residence, has a justified fear of being
persecuted on the grounds of race, religion, nationality, membership of a particular
social group or political opinion, and because of this fear cannot or does not want to
benefit from the protection of his/her country of origin and is not subject to exclusion
clauses.
The Concept Of Migrant
- Lack of legal definition.
- This is the person involved in the migration process, which has the following stages:
- Firstly: purpose (e.g. improvement of living conditions),
- Secondly: your course (e.g. choice of location, etc.)
- Thirdly: factors that make the decision to move there.
Concluding Remarks
- Firstly, concepts such as migration and refugee and the whole conceptual network
associated with them should have their origins in national law.
- Secondly, globalism is currently a significant facilitator for the phenomenon of
migration and refugees.
- Thirdly, the concepts of migrant and refugee are not legally identical. The term refugee
has its own legally defined definition, while the term migrant does not.
