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Author: Loïc Azoulai
Publisher:
Published: 2014-03
Total Pages: 257
ISBN-13: 019870853X
DOWNLOAD EBOOK →This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.
Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
Published: 2011-11-25
Total Pages: 501
ISBN-13: 9004215875
DOWNLOAD EBOOK →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.
Author: Elspeth Guild
Publisher: BRILL
Published: 2021-10-18
Total Pages: 387
ISBN-13: 9004478787
DOWNLOAD EBOOK →Immigration law continues to be an issue of substantial interest in the European Union. The institutions and the Member States are formulating the type of immigration law which the Union will have following the substantial move of competence in the field from Member State level to the Union with the amendments to the EC Treaty introduced by the Treaty of Amsterdam in 1999. This is a particularly important period within which to take stock of the existing immigration law of the European Union and how it has been developed. In order to understand the current law and lay the foundations for the future, a historical analysis of the development of European Union immigration law is needed. This volume charts the development of European Community immigration law from the conclusion of the EEC Treaty to the present day, first focussing on the development of the law relating to Community nationals and their third country national dependents, then looking at the extension of Community immigration law to third country nationals through agreements between their states of origin and the EC. Special attention is given to the rights of Turkish workers under the agreement between Turkey and the EC and the possibilities of residence and economic activity for nationals of the Central and Eastern European countries under the Europe Agreements. The centre of analysis of this book is the individual migrant: what are the rights and duties of the individual and what is his or her relationship of rights on the one hand with the Member State and on the other hand with the European Community? This book examines the structure and content of European Community immigration law from the perspective of the individual most closely affected by that law.
Author: Steve Peers
Publisher: Hotei Publishing
Published: 2015-04-14
Total Pages: 681
ISBN-13: 9004222391
DOWNLOAD EBOOK →Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. The authors of each commentary are academic and practitioner experts in the field of EU immigration law based in the UK, Ireland and the Netherlands. Also available as a set of 3 volumes see isbn 9789004222304
Author: Loïc Azoulai
Publisher: OUP Oxford
Published: 2014-03-20
Total Pages: 257
ISBN-13: 0191018139
DOWNLOAD EBOOK →Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.
Author: Rachael Dickson
Publisher: Routledge
Published: 2022-04-28
Total Pages: 240
ISBN-13: 1000570703
DOWNLOAD EBOOK →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.
Author: Cathryn Costello
Publisher: Oxford University Press
Published: 2016
Total Pages: 401
ISBN-13: 0199644748
DOWNLOAD EBOOK →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.
Author: Benedita Menezes Queiroz
Publisher: Bloomsbury Publishing
Published: 2018-02-22
Total Pages: 216
ISBN-13: 150991286X
DOWNLOAD EBOOK →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.
Author: Moritz Jesse
Publisher: Cambridge University Press
Published: 2020-11-19
Total Pages: 461
ISBN-13: 1108857701
DOWNLOAD EBOOK →Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.
Author: Kay Hailbronner
Publisher: BRILL
Published: 2024-01-22
Total Pages: 584
ISBN-13: 9004482628
DOWNLOAD EBOOK →The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty. Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force. Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.
