Human Rights Law and Evidence-Based Policy: The Impact of the EU Fundamental Rights Agency PDF
Preview Human Rights Law and Evidence-Based Policy: The Impact of the EU Fundamental Rights Agency
Human Rights Law and Evidence-Based Policy The EU Fundamental Rights Agency (FRA) was established to provide evi- dence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade, exploring FRA’s historical, political and legal foundations and its evolving record across major strands of EU fundamental rights. Central themes arising from these chapters include consideration of how the Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to ‘monitor’, and how its research impacts the delicate equilibrium between these two contesting roles. FRA’s experience as the first ‘embedded’ human rights agency in transnational governance is also highlighted, suggesting a role for alternative and less oppositional orientations for human rights research. While authors observe the benefits of the techno- cratic approach to human rights research that is a hallmark of FRA’s evidence- based policy advice, they also note its constraints. FRA’s policy work requires a continued awareness of political realities in Brussels, Member States, and civil society. Consequently, the complex process of determining the Agency’s research agenda reflects the strategic priorities of key actors. This is an important factor in the Agency’s role in the EU human rights landscape. This pioneering position of the Agency should invite reflection on new forms of institutionalized human rights research for the future. Rosemary Byrne is Professor of Legal Studies at New York University Abu Dhabi. Han Entzinger is Professor Emeritus at Erasmus University Rotterdam, where he previously held the chair in Migration and Integration Studies. Routledge Research in Human Rights Law Care, Migration and Human Rights Law and Practice Siobhán Mullally China’s Human Rights Lawyers Advocacy and Resistance Eva Pils Indigenous Peoples, Title to Territory, Rights and Resources The Transformative Role of Free Prior and Informed Consent Cathal M. Doyle Civil and Political Rights in Japan A Tribute to Sir Nigel Rodley Edited by Saul J. Takahashi Human Rights, Digital Society and the Law A Research Companion Edited by Mart Susi Criminal Theory and International Human Rights Law Steven Malby Women’s Health and the Limits of Law Domestic and International Perspectives Edited by Irehobhude O. Iyioha For more information about this series, please visit: www.routledge.com/Routledge-Research-in-Human-Rights-Law/book-series/ HUMRIGHTSLAW Human Rights Law and Evidence-Based Policy The Impact of the EU Fundamental Rights Agency Edited by Rosemary Byrne and Han Entzinger Firstpublished2020 byRoutledge 2ParkSquare,MiltonPark,Abingdon,OxonOX144RN andbyRoutledge 52VanderbiltAvenue,NewYork,NY10017 RoutledgeisanimprintoftheTaylor&FrancisGroup,aninformabusiness ©2020selectionandeditorialmatter,RosemaryByrneandHanEntzinger; individualchapters,thecontributors TherightofRosemaryByrneandHanEntzingertobeidentifiedas theauthorsoftheeditorialmaterial,andoftheauthorsfortheir individualchapters,hasbeenassertedinaccordancewithsections77 and78oftheCopyright,DesignsandPatentsAct1988. Allrightsreserved.Nopartofthisbookmaybereprintedor reproducedorutilisedinanyformorbyanyelectronic,mechanical, orothermeans,nowknownorhereafterinvented,including photocopyingandrecording,orinanyinformationstorageor retrievalsystem,withoutpermissioninwritingfromthepublishers. Trademarknotice:Productorcorporatenamesmaybetrademarksor registeredtrademarks,andareusedonlyforidentificationand explanationwithoutintenttoinfringe. BritishLibraryCataloguing-in-PublicationData AcataloguerecordforthisbookisavailablefromtheBritishLibrary LibraryofCongressCataloging-in-PublicationData Acatalogrecordhasbeenrequestedforthisbook ISBN:978-0-367-18699-9(hbk) ISBN:978-0-429-19772-7(ebk) TypesetinGalliard bySwales&Willis,Exeter,Devon,UK ī ̄ This volume is dedicated to Dr Krist ne Kruma, an excep- ’ tional scholar and a much-appreciated member of FRA s fi Scienti c Committee from June 2013 until her passing on 4 July 2016. ī ̄ ’ Dr Krist ne Kruma s career spanned academia and public fi service. As an academic, she taught rst at the University of Latvia (where I was privileged to have her as my under- graduate European Union law lecturer) and then at the Riga Graduate School of Law, where she became the Asso- ̄ ciate Professor and Pro-rector. Dr Kruma taught and researched both public international law and European Union law. Her monograph, EU Citizenship, Nationality and Migrant Status: An Ongoing Challenge (Martinus fl Nijhoff, 2014), and her most in uential articles explored the role of citizenship in the contemporary legal order(s). She took her undergraduate degree from the University of ’ Latvia and her master s and doctorate in law (LL.D.) from the University of Lund. Dr Krū ma started her public service at the Ministry of Foreign Affairs in Latvia, where she was the Head of the International Organizations and Human Rights Policy Div- ision at a time when crucial policy decisions were made regarding the relationship with the Council of Europe, the European Union and NATO. She was (and remains) the youngest appointment to the Constitutional Court of Latvia, where she served as a Judge from 2007 to 2015. Judge Krū ma was widely perceived to be the leading liberal fi gure on the bench, as one can glimpse from her (rare but fl in uential) separate opinions. The exceptional respect in ̄ which Dr Kruma was held by the professional and academic fl community is re ected in her international appointments as an arbitrator of the OSCE Court of Conciliation and Arbi- tration, an ad hoc Judge of the European Court of Human Rights, a member of the European Commission against Racism and Intolerance and, of course, a member of the ’ fi EU Fundamental Rights Agency s Scienti c Committee. ̄ Dr Kruma combined the highest professionalism, serious- ness of purpose and unaffected modesty with impatience for pretentiousness and humbug, as well as a wonderfully irreverent sense of humour. Her passing is a great loss for those who knew and loved her, and those who care about the rule of law in Latvia and Europe. She is survived by her husband and their daughter. Martins Paparinskis Contents Foreword x MICHAELO’FLAHERTY Listofeditorsandcontributors xii Introduction 1 ROSEMARYBYRNEANDHANENTZINGER PARTI FRAanditspolicyenvironment 11 1 ThegenesisoftheEUFundamentalRightsAgency:whya thinktankratherthanamonitoringbody 13 OLIVIERDESCHUTTER 2 Anewagency,andsowhat?GivingfleshandbloodtoFRA’s foundingRegulation 28 MORTENKJÆRUM 3 Handinhandforabetterprotectionofhumanrightsin Europe:therelationshipbetweentheCouncilofEurope andFRA 43 TATIANATERMACIC 4 FRA’spolicyimpactandfutureposture:lessonsfromthe perspectiveoftheEuropeanCommission 57 SALLASAASTAMOINEN 5 Humanrightscommunicators:FRA’sevolvingvoiceon research,rightsandpolicy 69 ROSEMARYBYRNE viii Contents 6 ExploringthepoliticalroleofFRA:mandate,resourcesand opportunities 82 JANWOUTERSANDMICHALOVÁDEK PARTII Researchingappliedrights 103 7 FRAasameetingplaceoflawandsocialsciences 105 HANENTZINGERANDGERARDQUINN 8 AreflectiononthequalityofFRA’sresearchand methodology 117 ANGELAME 9 Equalityandinclusion:designingresearchtoreconcilerights, ideasandpolicypracticesatFRA 131 HANENTZINGER 10 FRA’seffortstocombathatred,xenophobiaandracism 143 FRANÇOISETULKENS 11 Promotingequality:FRA’sworkonRoma 158 JOSÉMANUELFRESNOANDJOHANNANIEMI 12 Violenceagainstwomen:policyimpactandFRA’sevidence- basedresearch 172 ROMANWIERUSZEWSKIANDKATARZYNASĘKOWSKA-KOZŁOWSKA 13 Bordersandmigrationcontrol:FRA’sresearchatprotection blackspots 185 JENSVEDSTED-HANSEN 14 EmbeddedEUresearchonrefugeeprotection:FRA’swork onasylumandirregularmigration 197 ROSEMARYBYRNE PARTIII Overcomingconstraints 207 15 FRA’sresponsetothecurrenthumanrightschallenges 209 MANFREDNOWAKANDANNAMÜLLER-FUNK Contents ix 16 UpholdingtheruleoflawintheEU:whatroleforFRA? 219 LAURENTPECHANDJOELLEGROGAN 17 Concludingreflectionsonhumanrightslaw andevidence-basedpolicy 237 ROSEMARYBYRNEANDHANENTZINGER Index 251
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