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The European Union Returns Directive And Its Compatibility With International Human Rights Law
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Book Synopsis The European Union Returns Directive and its Compatibility with International Human Rights Law by : Izabella Majcher
Download or read book The European Union Returns Directive and its Compatibility with International Human Rights Law written by Izabella Majcher and published by BRILL. This book was released on 2019-11-26 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France
Book Synopsis The European Union Returns Directive and Its Compatibility with International Human Rights Law by : Izabella Majcher
Download or read book The European Union Returns Directive and Its Compatibility with International Human Rights Law written by Izabella Majcher and published by . This book was released on 2017 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Union Returns Directive and Its Compatibility with International Human Rights Law by : Izabella Majcher
Download or read book The European Union Returns Directive and Its Compatibility with International Human Rights Law written by Izabella Majcher and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book assesses the EU Returns Directive against international human rights norms and standards. [The author] explores protection gaps in the EU return policy and highlights how the provisions of the Directive should be implemented in line with member states' human rights obligations. Informed by this assessment, the book discusses draft amendments to the Directive, proposed by the European Commission in September 2018."--
Book Synopsis The European Union and Human Rights by : Jan Wouters
Download or read book The European Union and Human Rights written by Jan Wouters and published by Oxford University Press. This book was released on 2021-03-25 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union and Human Rights: Analysis, Cases, and Materials maps and critiques the EU's commitment to human rights in both internal and external affairs. The book covers the evolution as well as the current state of the EU's engagement with human rights, focusing, on the internal side, on the role of the EU law in the multi-faceted system of human rights protection and, on the external side, on the EU's efforts to bind its foreign policy to promoting himan rights. This book combines analysis of key developments with a wide range of sources, including extracts from legislation, case law, policy documents, and research of other scholars. The inclusion of both primary and secondary materials is intended to guide readers to acquire a deep understanding of EU human rights law and policy. This title devotes significant attention to explicating the fundamental concepts and systemic features of the EU's human rights protection and promotion. In addition, chapters devoted to individual topics provide more depth on a range of policy areas in both the internal and external dimension of EU affairs. Topics covered by these individual chapters include non-discrimination and competition law, migration, trade policy, and development cooperation.
Book Synopsis Immigration and Privacy in the Law of the European Union by : Niovi Vavoula
Download or read book Immigration and Privacy in the Law of the European Union written by Niovi Vavoula and published by BRILL. This book was released on 2022-09-12 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.
Book Synopsis What Happened to Equality? by : Bjarney Friðriksdóttir
Download or read book What Happened to Equality? written by Bjarney Friðriksdóttir and published by BRILL. This book was released on 2017-07-03 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.
Book Synopsis ‘Protection’ in European Union Asylum Law by : Julian Lehmann
Download or read book ‘Protection’ in European Union Asylum Law written by Julian Lehmann and published by BRILL. This book was released on 2020-09-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asylum law in the European Union is ripe with caveats that allow for rejecting asylum applications due to ‘protection’ received in the home country or another location. Yet, when is ‘protection’ strong enough to make denying an application lawful?
Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Human Rights Law in Europe by : Kanstantsin Dzehtsiarou
Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Book Synopsis The EU and Human Rights by : Philip Alston
Download or read book The EU and Human Rights written by Philip Alston and published by . This book was released on 1999 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt: For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.
Book Synopsis The Human Rights of Migrants and Refugees in European Law by : Cathryn Costello
Download or read book The Human Rights of Migrants and Refugees in European Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2015-12-25 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law. Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?
Book Synopsis The European Union and Human Rights by : Jan Wouters
Download or read book The European Union and Human Rights written by Jan Wouters and published by Oxford University Press. This book was released on 2020-12-17 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.
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]
Book Synopsis The Recast Return Directive and Its Fundamental Rights Implications by :
Download or read book The Recast Return Directive and Its Fundamental Rights Implications written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform the European Parliament's position on the legislative proposal for a recast Directive on common standards and procedures in Member States for returning illegally staying thirdcountry nationals (Return Directive), presented by the European Commission on 12 September 2018. Throughout the text, this FRA Opinion refers to the legislative text using the wording "the proposal" or "the Commission proposal". References to "proposed Article" or "proposed Recital" designate provisions in the Commission proposal, whereas the terms "current Article" or "current Recital" refer to the text of the Return Directive in force in January 2019. The Return Directive was adopted in 2008 to provide common standards and procedures to be applied by Member States to persons who do not fulfil the conditions for entry, stay or residence in a Member State, with a view of promoting an effective return policy. It lays down common rules related to the issuing of return decisions and enforcement of removals, the use of pre-removal detention as well as procedural safeguards, including access to effective remedies. It integrates into the European Union (EU) return policy a set of principles stemming from international and EU law, including the EU Charter of Fundamental Rights (the Charter), and notably the principle of non-refoulement, the best interests of the child, the primacy of voluntary departure over forced returns, the right to family life, and the use of detention as a measure of last resort. The directive entered into force on 13 January 2009 and Member States had to transpose its provisions into their domestic legislation until 24 December 2010 (with the exception of the free legal assistance and/or representation for which the transposition deadline expired one year later). In the initial evaluation report on the application of the Return Directive published in March 2014, the European Commission observed that the flexibility of the directive and the implementation of its provisions by Member States had positively influenced the situation regarding voluntary departure and effective forced return monitoring. It had also contributed to achieving more convergence on detention practices, including the overall reduction of pre-removal detention periods with a wider implementation of alternatives to detention across the EU.
Book Synopsis The EU as a 'Global Player' in Human Rights? by : Jan Wetzel
Download or read book The EU as a 'Global Player' in Human Rights? written by Jan Wetzel and published by Routledge. This book was released on 2012-02-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Treaty of Lisbon has endowed the EU with a normative human rights framework that confirms recognition as a fully-fledged regional mechanism for the protection of human rights. The aim of this book is to contribute to the growing discussion of the external human rights dimension of the European Union. Its theme sits at the crossroads between International and EU law, Human Rights, and Political Science. In moving beyond well-covered topics such as the protection of human rights within the EU, or their relevance for the accession of new Member States, this book asks the broader question of whether EU human rights law has any real relevance on a global scale. In total, The EU as a 'Global Player' in Human Rights gives an overview of the international relevance of EU human rights law by means of exemplary case-studies of the EU’s institutional and substantive protection of human rights, whilst consideration of non-European perspectives from China and Japan underline its global focus. This book will be of particular interest to researchers, students, and practitioners in International and European law, Human Rights Law, European studies and International Relations.
Book Synopsis EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes by : Sergio Carrera
Download or read book EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes written by Sergio Carrera and published by BRILL. This book was released on 2018-12-10 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.
Book Synopsis European Readmission Policy by : Nils Philip Coleman
Download or read book European Readmission Policy written by Nils Philip Coleman and published by BRILL. This book was released on 2008-11-27 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering the first comprehensive analysis of readmission agreements, this book examines the intersection of immigration and human rights law and the complex interplay between evolving international, regional and national norms. Expanding the current academic and policy discourse on readmission agreements through detailed consideration of the negotiation processes carried out by the European Community, it renders a nuanced review of the underlying strategic objectives and regional effects of these treaties. The book makes a robust challenge to prevailing perspectives in legal scholarship and policy on readmission and refugee protection. The self-contained focus on EC readmission agreements throws light on broader questions of EU migration policy and reveals a detailed and insightful picture of a specific field of EU policy and action.
