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European External Migration Funds and Public Procurement Law (2019, with Elies Steyger)

Since 2014, the European Union has established three funds (for Africa, Syria, and refugees in Turkey) to implement its external migration policy. In this Article, we analyse whether these funds and their implementation are compatible with EU public procurement law. This leads to a mixed picture. The wholesale exemption of expenditure under the EU Trust Fund for Africa from public procurement is incompatible with EU law; the exemption is not motivated, and it is implausible that there is a crisis in all 26 African countries where the Trust Fund operates thorough the duration of the Trust Fund. However, some more limited exceptions may apply, allowing for exempting particular projects from public procurement. Whether or not public procurement has taken place is often not transparent. It is remarkable that the notion of emergency is used in a cursory manner. It is equally remarkable that European public procurement law is not well integrated in external migration policy.

European External Migration Funds and Public Procurement Law, in European Papers 4(2019):2, p. 493-521

Carl Hofer: Der Rufer (1935), Von der Heydt-Museum, Wuppertal

Carrier Sanctions and the Conflicting Legal Obligations of Carriers: Addressing Human Rights Leakage (with Theodore Baird, 2019)

Anselm Kiefer: Die Argonauten (2017), Galerie Thaddaeus Ropac

Carrier sanctions, by which transport companies are penalised if they do not refuse embarkation to undocumented persons, play a role in perpetuating harms (denial of refugee protection; death) against migrants. They do so because transport companies are obliged to by legislation of destination states in Europe, North America and Australia. The potential accountability and responsibility of carriers for these harms has not been addressed in literature on human rights law. This article fills this gap through the application of Iris Young’s social connection model to address the contemporary harms of carrier sanctions. We propose that, faced with conflicting legal obligations, carriers have moral and legal obligations to remedy, through strategic actions, the harms to which they contribute. We outline a number of possible practices that carriers can use to do so.

Theodore Baird and Thomas Spijkerboer: Carrier Sanctions and the Conflicting Legal Obligations of Carriers- Addressing Human Rights LeakageAmsterdam Law Forum 11(2019), 4-19