The First Decade of EU Migration and Asylum Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004212035
Total Pages : 502 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The First Decade of EU Migration and Asylum Law by : Elspeth Guild

Download or read book The First Decade of EU Migration and Asylum Law written by Elspeth Guild and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary.

Migration Law, Policy and Human Rights

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Publisher : Routledge
ISBN 13 : 1000570703
Total Pages : 240 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Migration Law, Policy and Human Rights by : Rachael Dickson

Download or read book Migration Law, Policy and Human Rights written by Rachael Dickson and published by Routledge. This book was released on 2022-04-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a ‘home.’ Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU’s pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.

Migration and EU Law and Policy

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Author :
Publisher : Oxford University Press
ISBN 13 : 019870853X
Total Pages : 257 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Migration and EU Law and Policy by : Loïc Azoulai

Download or read book Migration and EU Law and Policy written by Loïc Azoulai and published by Oxford University Press. This book was released on 2014-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.

Immigration Law in the European Community

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Publisher : BRILL
ISBN 13 : 9004478787
Total Pages : 387 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Immigration Law in the European Community by : Elspeth Guild

Download or read book Immigration Law in the European Community written by Elspeth Guild and published by BRILL. This book was released on 2021-10-18 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration law continues to be an issue of substantial interest in the European Union. The institutions and the Member States are formulating the type of immigration law which the Union will have following the substantial move of competence in the field from Member State level to the Union with the amendments to the EC Treaty introduced by the Treaty of Amsterdam in 1999. This is a particularly important period within which to take stock of the existing immigration law of the European Union and how it has been developed. In order to understand the current law and lay the foundations for the future, a historical analysis of the development of European Union immigration law is needed. This volume charts the development of European Community immigration law from the conclusion of the EEC Treaty to the present day, first focussing on the development of the law relating to Community nationals and their third country national dependents, then looking at the extension of Community immigration law to third country nationals through agreements between their states of origin and the EC. Special attention is given to the rights of Turkish workers under the agreement between Turkey and the EC and the possibilities of residence and economic activity for nationals of the Central and Eastern European countries under the Europe Agreements. The centre of analysis of this book is the individual migrant: what are the rights and duties of the individual and what is his or her relationship of rights on the one hand with the Member State and on the other hand with the European Community? This book examines the structure and content of European Community immigration law from the perspective of the individual most closely affected by that law.

European Migration Law

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Publisher :
ISBN 13 : 9781780682532
Total Pages : 455 pages
Book Rating : 4.6/5 (825 download)

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Book Synopsis European Migration Law by : Pieter Boeles

Download or read book European Migration Law written by Pieter Boeles and published by . This book was released on 2014 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together, in one context, the European and international legal regimes on migration as applicable to the territories of the Member States of the EU. Its focus is on European Community legislation under Title III and Title IV of the EC Treaty, treaties concluded between the European Community and third countries, and international treaties concluded within the framework of the Council of Europe and the United Nations.

The Human Rights of Migrants in European Law

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Publisher : Oxford University Press
ISBN 13 : 0199644748
Total Pages : 401 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Human Rights of Migrants in European Law by : Cathryn Costello

Download or read book The Human Rights of Migrants in European Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

Migrants Before the Law

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Publisher : Springer
ISBN 13 : 3319987496
Total Pages : 264 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Migrants Before the Law by : Tobias G. Eule

Download or read book Migrants Before the Law written by Tobias G. Eule and published by Springer. This book was released on 2018-11-19 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the practices of migration control and its contestation in the European migration regime in times of intense politicization. The collaboratively written work brings together the perspectives of state agents, NGOs, migrants with precarious legal status, and their support networks, collected through multi-sited fieldwork in eight European states: Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland. The book provides knowledge of how European migration law is implemented, used, and challenged by different actors, and of how it lends and constrains power over migrants’ journeys and prospects. An ethnography of law in action, the book contributes to socio-legal scholarship on migration control at the margins of the state. “This book is a major achievement. A remarkable and insightful study that through close analysis of the practices of migration control in 8 European countries (Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland) provides powerful new insight into the power of the state at its margins and over those that are marginalised.” - Andrew Geddes, Director, Migration Policy Centre, European University Institute “Migrants Before the Law provides a much-needed account of the dizzying legal labyrinth that migrants navigate as they seek to survive in Europe. Based on multi-sited ethnography in detention centres, migration offices, police stations, and non-governmental organizations as well as on interviews with key government actors, advocates, and migrants themselves, this book explores the systems of control and forms of migrant precarity that operate along Europe’s internal borders, in multiple national and transnational contexts. Readers will come away with a deepened understanding of the perverse workings of power, the ways that the uncertainty and unpredictability of law foster both despair and hope, the degree to which the immigration “crisis” is both manufactured and experienced as real, and the ingenuity of migrants themselves in the face of Kafkaesque state practices.” - Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, Irvine, USA “Migrants Before the Law is an excellent exposition of the dispersed sites of the law and the hinges and junctions through which this apparatus is actualized in the lives of migrants facing deportation, contesting their status as illegal migrants or seeking to regularize their precarious position. Written with great sensitivity and an eye to minute details this book is also an achievement in furthering the method of collaborative ethnography and new ways of staging comparisons.” - Veena Das, Krieger-Eisenhower Professor of Anthropology, Johns Hopkins University, USA

Immigration and Asylum Law and Policy of the European Union

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Author :
Publisher : BRILL
ISBN 13 : 9004482628
Total Pages : 584 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Immigration and Asylum Law and Policy of the European Union by : Kay Hailbronner

Download or read book Immigration and Asylum Law and Policy of the European Union written by Kay Hailbronner and published by BRILL. This book was released on 2024-01-22 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty. Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force. Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.

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 2016-02-25 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. It provides a comprehensive and critical account of the recast instruments governing asylum law in the European Union.

Illegally Staying in the EU

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Publisher : Bloomsbury Publishing
ISBN 13 : 150991286X
Total Pages : 216 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Illegally Staying in the EU by : Benedita Menezes Queiroz

Download or read book Illegally Staying in the EU written by Benedita Menezes Queiroz and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principally, this book comprises a conceptual analysis of the illegality of a third-country national's stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants. The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant's stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality (both instrumental and corrective). In doing so it draws out another trend evident in the EU illegality regime: a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes. Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.

EU Migration Law

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Publisher : OUP Oxford
ISBN 13 : 0191018139
Total Pages : 240 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis EU Migration Law by : Loïc Azoulai

Download or read book EU Migration Law written by Loïc Azoulai and published by OUP Oxford. This book was released on 2014-03-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.

The External Dimension of the EU’s Migration Policy

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004265252
Total Pages : 556 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The External Dimension of the EU’s Migration Policy by : Katharina Eisele

Download or read book The External Dimension of the EU’s Migration Policy written by Katharina Eisele and published by Martinus Nijhoff Publishers. This book was released on 2014-05-08 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically discusses whether the objective of creating a common EU migration policy can be achieved against the backdrop of a highly fragmented EU framework for migration law and policy by comparing the different legal positions of third-country nationals.

European Societies, Migration, and the Law

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Publisher : Cambridge University Press
ISBN 13 : 1108857701
Total Pages : 461 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis European Societies, Migration, and the Law by : Moritz Jesse

Download or read book European Societies, Migration, and the Law written by Moritz Jesse and published by Cambridge University Press. This book was released on 2020-11-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.

Migration Law and the Externalization of Border Controls

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Publisher : Routledge
ISBN 13 : 0429798989
Total Pages : 120 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Migration Law and the Externalization of Border Controls by : Anna Liguori

Download or read book Migration Law and the Externalization of Border Controls written by Anna Liguori and published by Routledge. This book was released on 2019-03-27 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating ‘legal black holes’. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author’s view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.

Human Rights Challenges to European Migration Policy

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Author :
Publisher : Nomos/Hart
ISBN 13 : 150996486X
Total Pages : 0 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Human Rights Challenges to European Migration Policy by : Jürgen Bast

Download or read book Human Rights Challenges to European Migration Policy written by Jürgen Bast and published by Nomos/Hart. This book was released on 2022-10-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has become a powerful migration policy actor. As a result, European migration policy is increasingly coming into conflict with its obligation to protect human rights. This open access volume names the most urgent challenges, develops the relevant legal standards and makes proposals for reform. Central problem areas included are: -access to asylum in the EU -freedom of movement for migrants -legal procedural guarantees -the ban on discrimination based on residence status -respect for social and family ties in migration control measures -the guarantee of minimum social rights for irregular migrants, and -the public and civil society infrastructure to defend human rights. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on https://doi.org/10.5771/9783748926740. Open access was funded by the Stiftung Mercator.

Legal Migration to the European Union

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Author :
Publisher : BRILL
ISBN 13 : 9004184074
Total Pages : 1 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Legal Migration to the European Union by : Anja Wiesbrock

Download or read book Legal Migration to the European Union written by Anja Wiesbrock and published by BRILL. This book was released on 2010 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of EU legislation in the area of legal migration. Five Directives on family reunification, long-term residence, students, researchers and highly qualified migrants are critically assessed. Moreover, the implementation of the Directives in three member states (Germany, the Netherlands and Sweden) and national legislation in two Member States with an opt-out from EU migration law (the UK and Netherlands) are assessed. This includes national rules on the integration of third-country nationals and access to citizenship. The book calls into question the compliance of several European and national provision with EU principals of law and international human rights.

Teaching Migration and Asylum Law

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Author :
Publisher : Routledge
ISBN 13 : 1000519791
Total Pages : 283 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Teaching Migration and Asylum Law by : Richard Grimes

Download or read book Teaching Migration and Asylum Law written by Richard Grimes and published by Routledge. This book was released on 2021-12-30 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly topical book demonstrates the theoretical and practical importance of the study of migration law. It outlines approaches that may be taken in the design, delivery and monitoring of this study in law schools and universities to ensure an optimum level of learning. Drawing on examples of best practice from around the world, this book uses a theoretical framework and examples from real clients to simulations to help promote the learning and teaching of the law affecting migrants. It showcases contributions from over 30 academics and practitioners experienced in asylum and immigration law and helps to unpick how to teach the complex international laws and procedures relating to migration between different countries and regions. The various sections of the book explore educational best practice, what content can be covered, models for teaching and learning, strategies to deal with challenges and ways forward. The book will appeal to scholars, researchers and practitioners of migration and asylum law, those teaching migration law electives and involved in curriculum design, as well as students of international, common and civil law.