Migration and EU Law and Policy

Migration and EU Law and Policy PDF

Author: Loïc Azoulai

Publisher: Oxford University Press

Published: 2014-03

Total Pages: 257

ISBN-13: 019870853X

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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.

Migration Law, Policy and Human Rights

Migration Law, Policy and Human Rights PDF

Author: Rachael Dickson

Publisher: Routledge

Published: 2022-04-28

Total Pages: 240

ISBN-13: 1000570703

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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.

Immigration and Asylum Law and Policy of the European Union

Immigration and Asylum Law and Policy of the European Union PDF

Author: Kay Hailbronner

Publisher: BRILL

Published: 2024-01-22

Total Pages: 584

ISBN-13: 9004482628

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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.

The First Decade of EU Migration and Asylum Law

The First Decade of EU Migration and Asylum Law PDF

Author: Elspeth Guild

Publisher: Martinus Nijhoff Publishers

Published: 2011-11-25

Total Pages: 502

ISBN-13: 9004212035

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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.

European Societies, Migration, and the Law

European Societies, Migration, and the Law PDF

Author: Moritz Jesse

Publisher: Cambridge University Press

Published: 2020-11-19

Total Pages: 461

ISBN-13: 1108857701

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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.

EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition

EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition PDF

Author: Steve Peers

Publisher: Martinus Nijhoff Publishers

Published: 2012-07-25

Total Pages: 600

ISBN-13: 9004222235

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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.

EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes

EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes PDF

Author: Sergio Carrera

Publisher: BRILL

Published: 2018-12-10

Total Pages: 417

ISBN-13: 9004354239

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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.

The First Decade of EU Migration and Asylum Law

The First Decade of EU Migration and Asylum Law PDF

Author: Elspeth Guild

Publisher: Martinus Nijhoff Publishers

Published: 2011-11-25

Total Pages: 501

ISBN-13: 9004215875

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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.

EU Citizenship Law and Policy

EU Citizenship Law and Policy PDF

Author: Dora Kostakopoulou

Publisher: Edward Elgar Publishing

Published: 2020-09-25

Total Pages: 192

ISBN-13: 1786431599

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This theoretically ambitious work combines analytical, institutional and critical approaches in order to provide an in-depth, panoramic and contextual account of European Union citizenship law and policy.

The Criminalisation of Migration in Europe

The Criminalisation of Migration in Europe PDF

Author: Valsamis Mitsilegas

Publisher: Springer

Published: 2014-10-31

Total Pages: 110

ISBN-13: 331912658X

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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.