Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union

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

Author : Madalina Moraru
Publisher :
ISBN 13 : 9781509922987
Total Pages : 510 pages
Book Rating : 4.9/5 (229 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 . This book was released on 2020 with total page 510 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"--

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.

The Limits of Transnational Law

Author : Guy S. Goodwin-Gill
Publisher : Cambridge University Press
ISBN 13 : 1139484370
Total Pages : 281 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Limits of Transnational Law by : Guy S. Goodwin-Gill

Download or read book The Limits of Transnational Law written by Guy S. Goodwin-Gill and published by Cambridge University Press. This book was released on 2010-03-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

The Interplay between the EU's Return Acquis and International Law

Author : Támas Molnár
Publisher : Edward Elgar Publishing
ISBN 13 : 1839105232
Total Pages : 272 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The Interplay between the EU's Return Acquis and International Law by : Támas Molnár

Download or read book The Interplay between the EU's Return Acquis and International Law written by Támas Molnár and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book thoroughly examines how the EU’s return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.

The Criminalisation of Migration in Europe

Author : Valsamis Mitsilegas
Publisher : Springer
ISBN 13 : 331912658X
Total Pages : 117 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The Criminalisation of Migration in Europe by : Valsamis Mitsilegas

Download or read book The Criminalisation of Migration in Europe written by Valsamis Mitsilegas and published by Springer. This book was released on 2014-10-31 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.

Criminalization of Migration at EU and MS Level. The Role of Fundamental Rights

Author : Arne Millahn
Publisher : GRIN Verlag
ISBN 13 : 3668166714
Total Pages : 24 pages
Book Rating : 4.6/5 (681 download)

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Book Synopsis Criminalization of Migration at EU and MS Level. The Role of Fundamental Rights by : Arne Millahn

Download or read book Criminalization of Migration at EU and MS Level. The Role of Fundamental Rights written by Arne Millahn and published by GRIN Verlag. This book was released on 2016-03-07 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: 2, University of Twente , course: European Union Law, language: English, abstract: Third-Country Nationals (TNCs) have a distinct legal standpoint in the Treaties as part of the Area of Freedom, Security and Justice (AFSJ). Within the more general context of the often mentioned conflict between Freedom and Justice, on the one hand, and Security, on the other, one can more specifically view the TNCs’ situation as being determined by the balance between the interest of the state to maintain public security and the rights of the individual. The sociological discourse has claimed that migration is perceived as a threat to national sovereignty, a perception that should predominantly shape the “management of migration flows”. This policy has been termed a ‘securitization’ of migration. Both on the EU level and on the MS level the policy paradigm has resulted in the criminalization of irregular migration, which has been conceptualized as ‘crimmigation’ in the literature. On the EU level this has taken the form of efforts to deport migrants from the Union’s territory. This paper will focus on Directive 2008/115/EC (the Returns Directive). Besides the developments at EU level, the MSs have retained and excluded the Union’s competences from measures concerning national security. According to Article 72 TFEU, the EU may not impose measures on MSs within the AFSJ that affect “the maintenance of law and order and the safeguarding of internal security”. On this basis, several MSs have enacted additional legislation that imposes criminal sanctions on irregular migrants. This has led to conflicts before the ECJ about their compatibility with EU law. The two countries in this regard were France and Italy. The criminalization of migration in these countries is therefore of special interest to this paper. The irregular TNC thus faces a migration regime that is largely determined on the MS level but coordinated to a certain extent at the EU level. First of all this has implications for the extent of his criminalization. Within the overlap of EU and national competence in this field, to what extent can MSs impose additional sanctions on irregular migrants? Secondly this concerns the scope of Fundamental Rights. To what extent are MSs allowed to intrude on the personal liberty of the TCN in the control of migration?

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

Author : Madalina Moraru
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922970
Total Pages : 528 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 528 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.

The Limits of Transnational Law

Author : Professor of International Refugee Law at Oxford University and Barrister Guy S Goodwin-Gill
Publisher :
ISBN 13 : 9780511749650
Total Pages : 281 pages
Book Rating : 4.7/5 (496 download)

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Book Synopsis The Limits of Transnational Law by : Professor of International Refugee Law at Oxford University and Barrister Guy S Goodwin-Gill

Download or read book The Limits of Transnational Law written by Professor of International Refugee Law at Oxford University and Barrister Guy S Goodwin-Gill and published by . This book was released on 2014-05-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.

Illegally Staying in the EU

Author : Benedita Menezes Queiroz
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.

Crimmigration Law in the European Union

Author : Aniel Pahladsingh
Publisher :
ISBN 13 : 9789462403239
Total Pages : 0 pages
Book Rating : 4.4/5 (32 download)

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Book Synopsis Crimmigration Law in the European Union by : Aniel Pahladsingh

Download or read book Crimmigration Law in the European Union written by Aniel Pahladsingh and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally third-country nationals. An entry ban prohibits entry into and stay on the territory of all EU Member States (except the United Kingdom and Ireland) and Switzerland, Norway, Iceland, and Liechtenstein. This instrument is intended to have preventive effects and to foster the credibility of EU return policy. The clear message is that those who disregard migration rules in the Member States will not be allowed to re-enter any Member State for a specified period. Furthermore, the entry ban is an instrument which can be used to prevent (or to counter) terrorism. The use of criminal sanctions in the area of immigration opens the largely political debate on the legitimacy of the process of criminalizing foreigners. The merger between criminal law and immigration law has been classified as "crimmigration law." The entry ban falls within the scope of crimmigration law. The relation between immigration law and criminal law, and the compatibility of national penal measures imposed as a punishment for illegal migration, is developed in the case law of the Court of Justice of the European Union. There is a well-established jurisprudence on the interplay between domestic penal sanctions and the effectiveness of return policy. The effectiveness of the return process would be compromised by the application of a criminal penalty for violating the entry ban, because the primary objective of the Directive is not to prevent illegal presence in the territory but rather to put an end to it. The current issue is to determine to what extent the use of criminal sanctions by Member States is allowed in the situation that an entry ban is issued against an illegally staying third-country national. This research focuses on this issue. [Subject: Criminal Law, EU?Law]

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

Author : Sergio Carrera
Publisher : Routledge
ISBN 13 : 0429515286
Total Pages : 257 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union by : Sergio Carrera

Download or read book Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union written by Sergio Carrera and published by Routledge. This book was released on 2020-02-25 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

Irregular Migration and Human Rights: Theoretical, European and International Perspectives

Author : Barbara Bogusz
Publisher : BRILL
ISBN 13 : 9047406052
Total Pages : 485 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Irregular Migration and Human Rights: Theoretical, European and International Perspectives by : Barbara Bogusz

Download or read book Irregular Migration and Human Rights: Theoretical, European and International Perspectives written by Barbara Bogusz and published by BRILL. This book was released on 2004-09-01 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Desperate and vulnerable people, who take enormous risks to migrate to Europe in rickety boats or concealed in the containers of articulated lorries, are familiar images portrayed in the media of “irregular migrants”. Irregular migration has become a major political concern both at the European level and in the wider international context. In the European Union, politicians have identified irregular migration as a “problem” and have given priority to preventing this phenomenon in the development of the common asylum and immigration policy. This collection of essays is the outcome of an international conference on Irregular Migration and Human Rights, which gathered together prominent scholars, policy-makers and practitioners working in the migration and human rights field. The objective of the book, in contrast to the prevailing political approach which focuses almost solely on prevention, is to discuss the human rights dimensions of irregular migration from theoretical, European and international perspectives. The book is divided into five substantive parts: the complex question of who is an irregular migrant and the difficulties in assessing the size of irregular movements: official and popular perceptions of irregular migrants, a debate which is frequently considered in terms of security concerns, asylum, and human trafficking and smuggling; the myriad strands of the developing EU law and policy on irregular migration, such as the adoption of readmission agreements, and the relationship of this law and policy to external border controls in the context of EU enlargement and other non-legal means of EU decision-making; the contributions of international and non-governmental actors to charting a rights-based approach to irregular migration; and the problems these vulnerable persons face while resident in host countries, such as discrimination and denial of access to social rights and public services, which is inextricably bound up with their irregular status.

The EU and Migration

Author : Charles Clarke
Publisher : Centre for European Reform
ISBN 13 : 1907617035
Total Pages : 30 pages
Book Rating : 4.9/5 (76 download)

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Book Synopsis The EU and Migration by : Charles Clarke

Download or read book The EU and Migration written by Charles Clarke and published by Centre for European Reform. This book was released on 2011 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Migrants with Irregular Status in Europe

Author : Sarah Spencer
Publisher : Springer Nature
ISBN 13 : 3030343243
Total Pages : 222 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Migrants with Irregular Status in Europe by : Sarah Spencer

Download or read book Migrants with Irregular Status in Europe written by Sarah Spencer and published by Springer Nature. This book was released on 2020-05-20 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores the conceptual challenges posed by the presence of migrants with irregular immigration status in Europe and the evolving policy responses at European, national and municipal level. It addresses the conceptual and policy issues raised, post-entry, by this particular section of the migrant population. Drawing on evidence from different parts of Europe, the book takes the reader through philosophical and ethical dilemmas, legal and sociological analysis to questions of public policy and governance before addressing the concrete ways in which those questions are posed in current policy agendas from the international to the local level. As such this book is a valuable read to researchers, practitioners and policy makers as well as to students working on irregular migration in Europe in a comparative and/or country based perspective.

The First Decade of EU Migration and Asylum Law

Author : Elspeth Guild
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004215875
Total Pages : 501 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 501 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. The journal itself is the basis for the book: authors who have written the most significant contributions for the journal on the relevant issues to the Area of Freedom Security and Justice (AFSJ) have revised and updated their articles in light of current developments. These are supplemented with new chapters on issues which have turned out to be particularly important to the development of the field. The success of the journal has demonstrated the need for informed, independent academic research on the changing nature of immigration and asylum in Europe, and this volume too seeks to meet that need. It offers a unqiue and lively collection of essays covering the field of EU immigration and asylum law from a variety of perspectives.

Crimmigration Law in the European Union

Author : Aniel Pahladsingh
Publisher :
ISBN 13 : 9789462403406
Total Pages : 0 pages
Book Rating : 4.4/5 (34 download)

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Book Synopsis Crimmigration Law in the European Union by : Aniel Pahladsingh

Download or read book Crimmigration Law in the European Union written by Aniel Pahladsingh and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. An entry ban prohibits entry into and stay on the territory of all EU Member States (except the United Kingdom and Ireland) and Switzerland, Norway, Iceland and Liechtenstein. This instrument is intended to have preventive effects and to foster the credibility of EU return policy. The clear message is that those who disregard migration rules in the Member States will not be allowed to re-enter any Member State for a specified period. Furthermore, the entry ban is an instrument which can be used to prevent or to counter terrorism. The use of criminal sanctions in the area of immigration opens the largely political debate on the legitimacy of the process of criminalizing foreigners. The merger between criminal law and immigration law has been classified as "crimmigration law". The entry ban falls within the scope of crimmigration law. The relation between immigration law and criminal law and the compatibility of national penal measures imposed as a punishment for illegal migration is developed in the case law of the Court of Justice of the European Union. There is a well-established jurisprudence on the interplay between domestic penal sanctions and the effectiveness of return policy. The effectiveness of the return process would be compromised by the application of a criminal penalty for violating the entry ban, because the primary objective of the Directive is not to prevent illegal presence in the territory but rather to put an end to it. The current issue is to determine to what extent the use of criminal sanctions by Member States is allowed in the situation that an entry ban is issued against an illegally staying third-country national. This research focuses on this issue.

Human Rights of Irregular Migrants in the European Union

Author : Annalisa Morticelli
Publisher :
ISBN 13 : 9783848781072
Total Pages : 359 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Human Rights of Irregular Migrants in the European Union by : Annalisa Morticelli

Download or read book Human Rights of Irregular Migrants in the European Union written by Annalisa Morticelli and published by . This book was released on 2021-06-11 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses the difficult issue of irregular migration in the European Union, through a juridical reconstruction of the phenomenon starting from its origins. The interesting aspect is the understanding part between Italy and Germany, to understand the phenomenon in two different member countries, in order to grasp the main critical issues and identify virtuous behaviors in order to create a system that is as homogenous as possible at the level of the European Union. The researches were carried out in Italy and in Germany above all, through the analysis of legislative documents and the doctrine on the subject.