a network of constitutionalists from countries throughout the world
Over the coming days, we are featuring each of the 20 workshops in the 10th IACL World Congress 2018 on “VIOLENT CONFLICTS, PEACE-BUILDING AND CONSTITUTIONAL LAW”, being held in Seoul, Republic of Korea on 18-22 June 2018. Full details are on the congress website, in English and French, along with information on how to submit a paper. Papers may be in either French or English. Please circulate to colleagues interested in the subject.
The last years saw a substantial increase in the number of persons forced to leave their country as a consequence of wars, civil or others, or in order to escape extreme poverty. In principle, who seeks to settle on alien ground can, according to the underlying motive, either be classified as a refugee, or asylum-seeker, or as an “ordinary migrant”. Lines that clearly delimit these categories are absent; yet, they are subject to fairly distinct legal regimes, bridged only by EU law, having introduced an intermediate status of “subsidiary protection”. The present workshop shall not focus on the classifications as such and their legal foundations but on legal questions that migration raises with regard to national law, and on how it affects social security and welfare and their constitutional basis.
For to the extent that migration transforms a nation and society, it also poses a challenge for the corresponding State. The capacity of such a State, sometimes declared a “Social State” by virtue of the Constitution, to satisfy the manifold social tasks and duties imposed upon it by the legal order, is limited and might, just as social peace, be questioned by mass migration. Whereas the constitutional and political order of some States appears to be downright founded on or to at least encourage migration, others appear as indifferent or even hostile towards it. The workshop aims to compare the different constitutional approaches as well as to highlight the systemic differences between migration that is planned and organized, migration occurring within common markets such as the European, and ultimately the rather unwelcome and spontaneous migration of refugees or persons with a similar status. Each of them triggers specific problems related to law, society and welfare, to be discussed in the workshop, with corresponding approaches to, and perspectives for, solution and harmonization of respective legal conflicts.