Law and Migration in a Changing World

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Author :
Publisher : Springer Nature
ISBN 13 : 3319995081
Total Pages : 843 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Law and Migration in a Changing World by : Marie-Claire Foblets

Download or read book Law and Migration in a Changing World written by Marie-Claire Foblets and published by Springer Nature. This book was released on 2022-04-05 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises national reports on migration and migration law from 17 countries representing all continents. The vast majority of these are countries of immigration, which means they face specific challenges in terms of managing migratory flows that are increasingly linked with climate change and scarce natural resources worldwide, and they need to find viable ways to integrate humanitarian migration. Unlike so many recent publications in the field of international migration law, this book brings together reports on diverse countries that are rarely regarded as part of one and the same picture, depicting globalized migration in the contemporary era that to a large extent challenges state sovereignty. The contributions delineate the legal regimes that individual states are continually developing and modifying with a view to managing and controlling access of individual persons to their respective territories. They also show how the restrictive measures that states resort to in the event of failure to manage migration could have a lasting legal impact. The General Report preceding the country reports provides a comparative overview of the national reports, and is divided into two parts. The first, more technical in nature, addresses the classic questions relating to admission to and residence in a country. The second, more reflective section, examines the relationship between laws and migration in a wider and multidisciplinary perspective. To allow a robust comparison, the country reports all follow a similarly wide-ranging structure; to the extent possible, they also cover the historical, sociological and demographic factors that help explain legal regimes and migratory flows in each country. Each country report includes analyses of recent legislative developments and delicate questions that are still awaiting adequate (legal) responses as well as perspectives for the future.

Reforming the Common European Asylum System

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Publisher : BRILL
ISBN 13 : 9004308660
Total Pages : 549 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Reforming the Common European Asylum System by : Vincent Chetail

Download or read book Reforming the Common European Asylum System written by Vincent Chetail and published by BRILL. This book was released on 2016-02-15 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.

Digital Borders and Real Rights

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Publisher : BRILL
ISBN 13 : 9004165037
Total Pages : 597 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Digital Borders and Real Rights by : Evelien Renate Brouwer

Download or read book Digital Borders and Real Rights written by Evelien Renate Brouwer and published by BRILL. This book was released on 2008 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of the SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of the SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System.

EU Regulation of Access to Labour Markets

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140778
Total Pages : 460 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Regulation of Access to Labour Markets by : Elise Muir

Download or read book EU Regulation of Access to Labour Markets written by Elise Muir and published by Kluwer Law International B.V.. This book was released on 2012-07-05 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a focus on how directly the conditions of access to employment are modified by EU legislation and case law, this important book critically analyses the mandate by which the EU constrains domestic competences to regulate access to labour markets. The author identifies an ‘EU public-social order approach’ – a set of norms imposed by EU institutions on domestic authorities in the performance of a task with social implications. In the area of access to labour markets, this approach is characterized by the following measures and objectives: prohibition of certain forms of discrimination in access to employment, which enhances the protection of individuals; facilitation of the cross-border allocation of workforce among Member States, which requires domestic decision-makers to give equal chances to all EU citizens; and promotion of the economic competitiveness of domestic labour markets, which affects the rights of third country nationals. The presentation assesses the effectiveness of this public-social order approach – in particular as revealed in ECJ case law – as a tool to increase economic efficiency, advance distributive justice, and ensure protection of dignity. By way of detailed example, the author examines reforms of employment contract law and economic migration law in France, and for purposes of comparison illustrates parallel movements in defining the principle of equality as manifested in U.S. law. Thorough and incisive, this analysis of the constraints imposed by EU law on the exercise by domestic institutions of their competence in regulating labour markets is valuable not only to lawyers and academics in employment law, but also of great interest to jurists and policymakers in the wider field of European law as an accurate overview of the tensions between EU constraints and the tools used by national policy makers.

A Threat Against Europe?

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Author :
Publisher : ASP / VUBPRESS / UPA
ISBN 13 : 9054879297
Total Pages : 217 pages
Book Rating : 4.0/5 (548 download)

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Book Synopsis A Threat Against Europe? by : J. Peter Burgess

Download or read book A Threat Against Europe? written by J. Peter Burgess and published by ASP / VUBPRESS / UPA. This book was released on 2011 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of security has traditionally referred to the status of sovereign states in a closed international system. In this system the state is assumed to be both the object of security and the primary provider of security. Threats to the state's security are understood as threats to its political autonomy in the system. The major international institutions that emerged after the Second World War were built around this idea. When the founders of the United Nations spoke of collective security, they were referring primarily to state security and to the coordinated system that would be necessary in order to avoid the 'scourge of war'. But today, a wide range of security threats, both new and traditional, confront Europe, or at least as some would say.

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922962
Total Pages : 543 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union by : Madalina Moraru

Download or read book Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union written by Madalina Moraru and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.

Policies on Irregular Migrants: France, Portugal and Poland

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Author :
Publisher : Council of Europe
ISBN 13 : 9789287167682
Total Pages : 160 pages
Book Rating : 4.1/5 (676 download)

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Book Synopsis Policies on Irregular Migrants: France, Portugal and Poland by : Laura Zanfrini

Download or read book Policies on Irregular Migrants: France, Portugal and Poland written by Laura Zanfrini and published by Council of Europe. This book was released on 2008-01-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insecurity which irregular migrants face on a daily basis because of the unlawfulness of their residence prompted the European Committee on Migration (CDMG) to assess their situation in Council of Europe member states. The aim of the exercise was to pool national experiences and evaluate them and also to draw up possible proposals on dealing with irregular migrants and improving cooperation between countries of origin and host countries. Five countries--Armenia, Germany, Greece, Italy and the Russian Federation--volunteered and submitted some aspects of their national policies on the situation of irregular migrants for evaluation.--Publisher's description.

2011

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 311031228X
Total Pages : 2983 pages
Book Rating : 4.1/5 (13 download)

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Book Synopsis 2011 by :

Download or read book 2011 written by and published by Walter de Gruyter. This book was released on 2013-03-01 with total page 2983 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 639,000 articles from more than 29,500 festschrifts, published between 1977 and 2010, have been catalogued.

Yearbook of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment/Annuaire de la convention européenne pour la prévention de la torture et des peines ou traitements inhumains ou dégradants

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Author :
Publisher : BRILL
ISBN 13 : 9004338926
Total Pages : 2325 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Yearbook of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment/Annuaire de la convention européenne pour la prévention de la torture et des peines ou traitements inhumains ou dégradants by : Council of Europe/Conseil de l'Europe

Download or read book Yearbook of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment/Annuaire de la convention européenne pour la prévention de la torture et des peines ou traitements inhumains ou dégradants written by Council of Europe/Conseil de l'Europe and published by BRILL. This book was released on 2018-11-01 with total page 2325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the Committee of Ministers of the Council of Europe in June 1987. It entered into force in February 1989 and all 47 member States are Parties to the Convention. The Convention has already established itself as an important human rights instrument. Its approach is quite different from that of the European Convention on Human Rights. Whereas the ECHR provides a remedy for particular human rights violations after the event, the Convention for the Prevention of Torture (ECPT) seeks to prevent human rights violations, through a system of visits to places of detention. The Convention is intended to be an integrated part of the Council of Europe system for the protection of human rights, placing a proactive non-judicial mechanism alongside the reactive judicial mechanism established under the ECHR. The Yearbook of the European Convention for the Prevention of Torture offers an essential annual overview of developments in relation to the ECPT. Part One contains general information. Part Two is about the European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT). Part Three is a general report on the activities of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment. Part Four contains reports on visits by the European Committee for the prevention of torture and inhuman or degrading treatment or punishment and responses of governments. Bilingual: English and French; 2-volume set.

Frontex and Human Rights

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Publisher : Oxford University Press, USA
ISBN 13 : 0198835450
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Frontex and Human Rights by : Melanie Fink

Download or read book Frontex and Human Rights written by Melanie Fink and published by Oxford University Press, USA. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph analyses the allocation of legal responsibility for human rights violations which may occur in the context of border control or return operations, coordinated by the European Border and Coast Guard Agency Frontex.

EU Immigration and Asylum Law

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Publisher :
ISBN 13 : 9783848712854
Total Pages : 1500 pages
Book Rating : 4.7/5 (128 download)

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Book Synopsis EU Immigration and Asylum Law by : Kay Hailbronner

Download or read book EU Immigration and Asylum Law written by Kay Hailbronner and published by . This book was released on 2015-12 with total page 1500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme , Volume 34 Volume 34, 1991

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792329169
Total Pages : 866 pages
Book Rating : 4.3/5 (291 download)

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Book Synopsis Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme , Volume 34 Volume 34, 1991 by : Council of Europe Staff

Download or read book Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme , Volume 34 Volume 34, 1991 written by Council of Europe Staff and published by Martinus Nijhoff Publishers. This book was released on 1994-11-30 with total page 866 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe relates to 1991. Its presentation follows that of the previous volume. Part one contains basic texts and information of a general nature; Part two deals with the European Commission of Human Rights; Part three with the European Court of Human Rights; Part four with the Resolutions of the Committee of Ministers; and Parts five and six with the other work of the Council of Europe in the field of human rights, the situation in the Member States, and developments within the European Communities. A Bibliography and Index are included.Ce volume de lAnnuaire de la Convention européenne des Droits de lhomme, préparé par la Direction des Droits de lhomme du Conseil de lEurope, concerne lannée 1991. La première partie contient des textes fondamentaux; la deuxième partie contient les rapports de la Commission européenne des Droits de lhomme; la troisième partie donne des informations sur la Cour européenne des Droits de lhomme; la quatrième partie contient les Résolutions du Comité des Ministres; et les cinquième et sixième parties regroupent toutes les autres activités concernant la Convention dans le cadre du Conseil de lEurope et comprennent des informations sur les débats devant les parlements nationaux et sur les développements au sein des Communautés européennes concernant la protection des droits de lhomme. Le volume se termine avec une bibliographie et une index.

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Author :
Publisher : Odile Jacob
ISBN 13 : 273818992X
Total Pages : 305 pages
Book Rating : 4.7/5 (381 download)

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Book Synopsis by :

Download or read book written by and published by Odile Jacob. This book was released on with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Guide to Policies for the Well-being of All in Pluralist Societies

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Author :
Publisher : Council of Europe
ISBN 13 : 9789287168535
Total Pages : 300 pages
Book Rating : 4.1/5 (685 download)

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Book Synopsis Guide to Policies for the Well-being of All in Pluralist Societies by : Council of Europe

Download or read book Guide to Policies for the Well-being of All in Pluralist Societies written by Council of Europe and published by Council of Europe. This book was released on 2010-01-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide offers theoretical and practical tools for an innovative approach to a key political issue: how, along with our immigrant fellow-citizens, can we build a fair and plural society that ensures the well-being or all? By moving beyond rigid categories like "foreigner", "immigrant" and "illegal, and ambiguous concepts like "identity", "diversity, "immigration control and "integration", this guide suggests that policy makers, civil servants and citizens need to question their own vocabulary if they are to grasp the complexity and uniqueness or people's migration paths. Perceiving migrants simply from the host country's point or view - the security, well-being and life-style of its nationals - has limitations. We cannot see people of foreign origin only as a threat or a resource to be exploited. If we see them as stereotypes, we are seeing only a mirror of European fears and contradictory aspirations. This guide helps readers decode and address the structural problems of our society, looking at the accusations made against migrants And The utilitarian view or the advantages that immigrants bring to host societies. In publishing this guide, The Council or Europe is seeking to initiate an in-depth debate on the migration issue, which is so high on the European political agenda

Dynamics in the French Constitution

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Publisher : Routledge
ISBN 13 : 1135105421
Total Pages : 215 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Dynamics in the French Constitution by : David Marrani

Download or read book Dynamics in the French Constitution written by David Marrani and published by Routledge. This book was released on 2013-10-08 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The promulgation of the Fifth French Republic Constitution in 1958 marked the end of a complex constitutional history that has since 1789 seen more than twenty constitutions and five Republics. Lasting now for more than fifty years, the Fifth Republic Constitution has proven to be the right settlement for the French people; a consensual text. However, while offering the appearance of stability, the Fifth French Republic Constitution has often been reconsidered and changed, not least in the year of its fiftieth anniversary, when the Constitution was 'modernised'. These dynamics of the Fifth Republic Constitution are neither a recent matter nor entirely the result of the successive constitutional amendments. Instead, the history of the Constitution has involved the resurgence of repressed archaic elements from the ancient regime, while the social, economic and environmental contexts have penetrated not only the text itself but more extensively its spirit, and behind it, the philosophy and our perception of the Republic. In Dynamics in the French Constitution, David Marrani questions the foundations of the French Fifth Republic. In using specific themes, current and traditional debates, contemporary and archaic factors, that have enlightened the road of long lasting Republic, the book explores some of the changes of the last fifty years and the tensions that are present within the constitutional text. In combining theoretical concepts of constitutional law with key contemporary and historical developments, such as the European integration, the response to environmental challenges, the practice of human rights and the pillars supporting French republicanism, this book offers varied and creative tools for a better understanding of the Republic of today.

The Internal Protection Alternative in Refugee Law

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Publisher : BRILL
ISBN 13 : 9004361960
Total Pages : 443 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Internal Protection Alternative in Refugee Law by : Jessica Schultz

Download or read book The Internal Protection Alternative in Refugee Law written by Jessica Schultz and published by BRILL. This book was released on 2018-12-10 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the ‘internal protection alternative’ (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.

The Long-Term Residence Status as a Subsidiary Form of EU Citizenship

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004204121
Total Pages : 280 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Long-Term Residence Status as a Subsidiary Form of EU Citizenship by : Diego Acosta Arcarazo

Download or read book The Long-Term Residence Status as a Subsidiary Form of EU Citizenship written by Diego Acosta Arcarazo and published by Martinus Nijhoff Publishers. This book was released on 2011-05-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the potential of the Long-term Residence Directive to become a subsidiary form of EU citizenship which escapes direct control by Member States, by looking at its implementation and at its possible interpretation by the Court of Justice.