The European Union Returns Directive and its Compatibility with International Human Rights Law

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Publisher : BRILL
ISBN 13 : 9004360530
Total Pages : 848 pages
Book Rating : 4.0/5 (43 download)

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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

‘Protection’ in European Union Asylum Law

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Publisher : BRILL
ISBN 13 : 9004430393
Total Pages : 304 pages
Book Rating : 4.0/5 (44 download)

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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?

The European Union and Human Rights

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Publisher : BRILL
ISBN 13 : 9004482423
Total Pages : 351 pages
Book Rating : 4.0/5 (44 download)

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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:

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.

The Criminalisation of Migration in Europe

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Publisher : Springer
ISBN 13 : 331912658X
Total Pages : 110 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 110 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.

Research Handbook on EU Criminal Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1783473312
Total Pages : 672 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on EU Criminal Law by : Valsamis Mitsilegas

Download or read book Research Handbook on EU Criminal Law written by Valsamis Mitsilegas and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work

What Happened to Equality?

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Publisher : BRILL
ISBN 13 : 9004345280
Total Pages : 457 pages
Book Rating : 4.0/5 (43 download)

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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 2017-08-07 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.

Frontex and Human Rights

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Publisher : Oxford Studies in European Law
ISBN 13 : 0198835450
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Frontex and Human Rights by : Melanie Fink

Download or read book Frontex and Human Rights written by Melanie Fink and published by Oxford Studies in European Law. This book was released on 2019-02-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.

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

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Author :
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.

Handbook of Return Migration

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Publisher : Edward Elgar Publishing
ISBN 13 : 1839100052
Total Pages : 384 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Handbook of Return Migration by : King, Russell

Download or read book Handbook of Return Migration written by King, Russell and published by Edward Elgar Publishing. This book was released on 2022-01-18 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative Handbook provides an interdisciplinary appraisal of the field of return migration, advancing concepts and theories and setting an agenda for new debates.

The accession of the European Union to the European Convention on Human Rights

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Publisher : Council of Europe
ISBN 13 : 9287179700
Total Pages : 107 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis The accession of the European Union to the European Convention on Human Rights by : Johan Callewaert

Download or read book The accession of the European Union to the European Convention on Human Rights written by Johan Callewaert and published by Council of Europe. This book was released on 2014-01-01 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

Jacobs, White, and Ovey: the European Convention on Human Rights

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198847130
Total Pages : 792 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Jacobs, White, and Ovey: the European Convention on Human Rights by : Bernadette Rainey

Download or read book Jacobs, White, and Ovey: the European Convention on Human Rights written by Bernadette Rainey and published by Oxford University Press, USA. This book was released on 2021 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the key principles underpinning the decisions made by the European Court of Human Rights, and provides a guide to the pivotal cases in each area.

Theory and Practice of Illegitimate Finance

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Publisher : IGI Global
ISBN 13 :
Total Pages : 414 pages
Book Rating : 4.3/5 (693 download)

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Book Synopsis Theory and Practice of Illegitimate Finance by : Rafay, Abdul

Download or read book Theory and Practice of Illegitimate Finance written by Rafay, Abdul and published by IGI Global. This book was released on 2023-09-14 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's interconnected world, fraud and corruption threaten the integrity of global financial systems, making illicit and illegitimate finance a pressing concern across industries. Editor Abdul Rafay, an esteemed academic scholar in financial crimes, corporate finance, and financial technology, offers the definitive solution to the Theory and Practice of Illegitimate Finance. This premier reference work comprehensively explores all facets of illicit finance, providing invaluable insights and real-world case studies on financial crimes, money laundering, tax evasion, and fraudulent practices. Through meticulous research and analysis, the book equips business owners, policymakers, researchers, and industry professionals with strategies to combat and prevent illicit finance from infiltrating financial institutions and businesses. As an indispensable resource for academicians and students, Theory and Practice of Illegitimate Finance empowers readers to tackle the complexities of illicit finance. Abdul Rafay's unparalleled expertise, evident from his successful editing of previous books and numerous research papers, enhances the book's credibility. By embracing the transformative journey offered by the book's insights, readers from all walks of life can contribute to a more transparent and accountable financial world, ensuring the integrity of global finance systems and paving the way for a brighter and more secure future.

EU Justice and Home Affairs Law Volume 1: EU Immigration and Asylum Law

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Publisher : Oxford University Press
ISBN 13 : 0198890230
Total Pages : 657 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis EU Justice and Home Affairs Law Volume 1: EU Immigration and Asylum Law by : Steve Peers

Download or read book EU Justice and Home Affairs Law Volume 1: EU Immigration and Asylum Law written by Steve Peers and published by Oxford University Press. This book was released on 2023-10-26 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Asylum and Immigration Law sets out the institutional framework and offers comprehensive coverage and analysis of EU legislation and case law as they relate to immigration, asylum, visas, and border controls. Fully updated to include a significant volume of new case law and legislation between 2015 and 2023, this volume includes detailed commentary on the law relating to qualification as a refugee, forms of protection, the treatment of refugees and asylum seekers (including the Dublin rules allocating asylum seekers between Member States), the Schengen rules on borders, EU security databases, Frontex, as well as all aspects of legal migration, expulsion and readmission, and immigration detention. The new edition addresses the human rights issues arising in these areas and the ongoing developments of the law, including discussion of proposed new legislation and the use of new or expanded EU border control databases. Steve Peers' seminal text, EU Justice and Home Affairs Law, appears in its fifth edition and is available in two separate volumes covering asylum and immigration law and criminal law, policing, and civil law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.

Immigration Detention in the European Union

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Author :
Publisher : Springer Nature
ISBN 13 : 303033869X
Total Pages : 489 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Immigration Detention in the European Union by : Izabella Majcher

Download or read book Immigration Detention in the European Union written by Izabella Majcher and published by Springer Nature. This book was released on 2020-03-04 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique comparative assessment of the evolution of immigration detention systems in European Union member states since the onset of the “refugee crisis.” By applying an analytical framework premised on international human rights law in assessing domestic detention regimes, the book reveals the extent to which EU legislation has led to the adoption of laws and practices that may disregard fundamental rights and standards. While emphasizing policies and laws adopted in response to the “refugee crisis,” the volume also shows how these policies have evolved—and in many cases grown more restrictive—even as the “crisis” has begun to recede from the borders of many European countries. To sharpen awareness of contrasting developments across the region, the book’s country chapters are organised into geographic sections that reveal how variations in migration pressures have in some cases resulted in contrasting detention practices even as the EU directives have sought to harmonise immigration laws. A critical focus of the book are the evolving domestic norms related to grounds for detention, length of detention, non-custodial "alternatives to detention," the treatment of children, and conditions of detention. With its systematic and comparative assessment of immigration detention regimes across the EU, the book will be helpful for both academics and practitioners who seek a comprehensive guide to the evolution of one of today’s more important human rights dilemmas—states’ efforts to control global migration.

Causes and Consequences of Migrant Criminalization

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Publisher : Springer Nature
ISBN 13 : 3030437329
Total Pages : 302 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Causes and Consequences of Migrant Criminalization by : Neža Kogovšek Šalamon

Download or read book Causes and Consequences of Migrant Criminalization written by Neža Kogovšek Šalamon and published by Springer Nature. This book was released on 2020-07-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naïve, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights. The book presents individual national analyses to reveal an emerging trend of “crimmigration” regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia. As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.

Immigration and Privacy in the Law of the European Union

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Author :
Publisher : BRILL
ISBN 13 : 9004356118
Total Pages : 780 pages
Book Rating : 4.0/5 (43 download)

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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.