Precedents And Judicial Politics In Eu Immigration Law

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Precedents and Judicial Politics in EU Immigration Law

Author : Marie De Somer
Publisher : Springer
ISBN 13 : 3319939823
Total Pages : 365 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Precedents and Judicial Politics in EU Immigration Law by : Marie De Somer

Download or read book Precedents and Judicial Politics in EU Immigration Law written by Marie De Somer and published by Springer. This book was released on 2018-07-27 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court’s rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.

Migration Law, Policy and Human Rights

Author : Rachael Dickson
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.

European Migration Law

Author : Daniel Thym
Publisher : Oxford University Press
ISBN 13 : 0192646729
Total Pages : 721 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis European Migration Law by : Daniel Thym

Download or read book European Migration Law written by Daniel Thym and published by Oxford University Press. This book was released on 2023-05-16 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.

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

Author : Madalina Moraru
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922962
Total Pages : 516 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 516 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.

Guardians of Public Value

Author : Arjen Boin
Publisher : Springer Nature
ISBN 13 : 3030517012
Total Pages : 357 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Guardians of Public Value by : Arjen Boin

Download or read book Guardians of Public Value written by Arjen Boin and published by Springer Nature. This book was released on 2021 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents case studies of twelve organisations which the public have come to view as institutions. From the BBC to Doctors Without Borders, from the Amsterdam Concertgebouw Orchestra to CERN, this volume examines how some organisations rise to prominence and remain in high public esteem through changing and challenging times. It builds upon the scholarly tradition of institutional scholarship pioneered by Philip Selznick, and highlights common themes in the stories of these highly diverse organizations; demonstrating how leadership, learning, and luck all play a role in becoming and remaining an institution. This case study format makes this volume ideal for classroom use and practitioners alike. In an era where public institutions are increasingly under threat, this volume offers concrete lessons for contemporary organisation leaders. Arjen Boin is Professor of Public Institutions and Governance at the Department of Political Science, Leiden University, Netherlands. Paul 't Hart is Professor of Public Administration at the Utrecht School of Governance, Utrecht University, Netherlands. Lauren A. Fahy is a PhD Fellow at the Utrecht School of Governance, Utrecht University, Netherlands.

Europe's Second Constitution

Author : Markus W. Gehring
Publisher : Cambridge University Press
ISBN 13 : 1108848982
Total Pages : 439 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Europe's Second Constitution by : Markus W. Gehring

Download or read book Europe's Second Constitution written by Markus W. Gehring and published by Cambridge University Press. This book was released on 2020-09-24 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.

Research Handbook on European Union Citizenship Law and Policy

Author : Kostakopoulou, Dora
Publisher : Edward Elgar Publishing
ISBN 13 : 1788972902
Total Pages : 424 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on European Union Citizenship Law and Policy by : Kostakopoulou, Dora

Download or read book Research Handbook on European Union Citizenship Law and Policy written by Kostakopoulou, Dora and published by Edward Elgar Publishing. This book was released on 2022-03-17 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union.

The Routledge Handbook of Critical European Studies

Author : Didier Bigo
Publisher : Routledge
ISBN 13 : 0429957491
Total Pages : 792 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis The Routledge Handbook of Critical European Studies by : Didier Bigo

Download or read book The Routledge Handbook of Critical European Studies written by Didier Bigo and published by Routledge. This book was released on 2020-12-21 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook comprehensively defines and shapes the field of Critical European Union Studies, sets the research agenda and highlights emerging areas of study. Bringing together critical analyses of European Union politics, policies and processes with an expert range of contributors, it overcomes disciplinary borders and paradigms and addresses four main thematic areas pertaining to the study of the European Union and its policies: • Critical approaches to European integration; • Critical approaches to European political economy; • Critical approaches to the EU’s internal security; • Critical approaches to the EU’s external relations and foreign affairs. In their contributions to this volume, the authors take a sympathetic yet critical approach to the European integration process and the present structures of the European Union. Furthermore, the book provides graduate students and faculty with ideas for future research activity and introduces critical analyses rooted in a broad spectrum of theoretical perspectives. The Routledge Handbook of Critical European Union Studies will be an essential reference for scholars, students, researchers and practitioners interested and working in the fields of EU politics/studies, European integration, European political economy and public policy, EU foreign policy, EU freedom of movement and security practices, and more broadly in international relations, the wider social sciences and humanities.

Immigration And Criminal Law in the European Union

Author : Elspeth Guild
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004150641
Total Pages : 432 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Immigration And Criminal Law in the European Union by : Elspeth Guild

Download or read book Immigration And Criminal Law in the European Union written by Elspeth Guild and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.

The European Court of Justice and the Policy Process

Author : Susanne K. Schmidt
Publisher : Oxford University Press
ISBN 13 : 0198717776
Total Pages : 311 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The European Court of Justice and the Policy Process by : Susanne K. Schmidt

Download or read book The European Court of Justice and the Policy Process written by Susanne K. Schmidt and published by Oxford University Press. This book was released on 2018 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.

International Migration Law

Author : Vincent Chetail
Publisher : Oxford University Press
ISBN 13 : 019164546X
Total Pages : 478 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Migration Law by : Vincent Chetail

Download or read book International Migration Law written by Vincent Chetail and published by Oxford University Press. This book was released on 2019-03-29 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.

The EU and Immigration Policies

Author : C. Roos
Publisher : Springer
ISBN 13 : 1137302569
Total Pages : 326 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis The EU and Immigration Policies by : C. Roos

Download or read book The EU and Immigration Policies written by C. Roos and published by Springer. This book was released on 2013-06-27 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how and why the EU and its member states define immigration policies. A comparison of EU negotiations on five EU immigration directives reveals interests of actors in EU integration and whether common policies aim at a restriction or expansion of immigration to the EU.

Migration in the Time of COVID-19: Comparative Law and Policy Responses

Author : Jaya Ramji-Nogales
Publisher : Frontiers Media SA
ISBN 13 : 2889710963
Total Pages : 136 pages
Book Rating : 4.8/5 (897 download)

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Book Synopsis Migration in the Time of COVID-19: Comparative Law and Policy Responses by : Jaya Ramji-Nogales

Download or read book Migration in the Time of COVID-19: Comparative Law and Policy Responses written by Jaya Ramji-Nogales and published by Frontiers Media SA. This book was released on 2021-07-28 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Immigration and Welfare

Author : Michael Bommes
Publisher : Psychology Press
ISBN 13 : 0415223725
Total Pages : 305 pages
Book Rating : 4.4/5 (152 download)

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Book Synopsis Immigration and Welfare by : Michael Bommes

Download or read book Immigration and Welfare written by Michael Bommes and published by Psychology Press. This book was released on 2000 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely and original book explores new migration challenges such as asylum seekers and Europe's increasingly restrictive immigration policies.

The Supreme Court and the Attitudinal Model Revisited

Author : Jeffrey A. Segal
Publisher : Cambridge University Press
ISBN 13 : 9780521789714
Total Pages : 484 pages
Book Rating : 4.7/5 (897 download)

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Book Synopsis The Supreme Court and the Attitudinal Model Revisited by : Jeffrey A. Segal

Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two leading scholars of the Supreme Court explain and predict its decision making.

Immigration and Democracy

Author : Sarah Song
Publisher : Oxford Political Theory
ISBN 13 : 0190909226
Total Pages : 265 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Immigration and Democracy by : Sarah Song

Download or read book Immigration and Democracy written by Sarah Song and published by Oxford Political Theory. This book was released on 2019 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we think about immigration and what policies should democratic societies pursue? Sarah Song offers a political theory of immigration that takes seriously both the claims of receiving countries and the claims of prospective migrants. What is required, she argues, is not a policy of open or closed borders but open doors.

The Oxford Handbook of Political Institutions

Author : R. A. W. Rhodes
Publisher : OUP Oxford
ISBN 13 : 019103696X
Total Pages : 836 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of Political Institutions by : R. A. W. Rhodes

Download or read book The Oxford Handbook of Political Institutions written by R. A. W. Rhodes and published by OUP Oxford. This book was released on 2008-06-12 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of political institutions is among the founding pillars of political science. With the rise of the 'new institutionalism', the study of institutions has returned to its place in the sun. This volume provides a comprehensive survey of where we are in the study of political institutions, covering both the traditional concerns of political science with constitutions, federalism and bureaucracy and more recent interest in theory and the constructed nature of institutions. The Oxford Handbook of Political Institutions draws together a galaxy of distinguished contributors drawn from leading universities across the world. Authoritative reviews of the literature and assessments of future research directions will help to set the research agenda for the next decade.