Statement of the European Law Institute: Detention of Asylum Seekers and Irregular Migrants and the Rule of Law
Author: European Law Institute
Publisher:
Published: 2017
Total Pages:
ISBN-13: 9783950345889
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Detention of Asylum Seekers in Europe
Author: Jane Hughes
Publisher: Martinus Nijhoff Publishers
Published: 1998-02-17
Total Pages: 352
ISBN-13: 9789041105462
DOWNLOAD EBOOK →This volume presents a compilation of cross-disciplinary essays written by representatives of non-governmental and inter-governmental organisations, practising lawyers, academics, researchers and a psychiatrist, which reflect the heightened concern among European refugee and human rights organisations about the increasing practice of detaining asylum seekers. Topics explored include recent trends in western, central and eastern Europe; detention practice in the US, Canada and Australia; UNHCR's approach to detention of refugees and asylum seekers; and the mental health implications of detention from a psycho-medical viewpoint. In addition, the relevant European and UN legal instruments are analysed, and examples are given from the case law. The book is supplemented by detailed appendices setting out the texts of relevant international legal provisions, together with a number of other reference documents, including UNHCR's 1995 Guidelines on Detention and ECRE's 1996 and 1997 papers on detention and alternatives to detention. In addition to providing both a description of current practice and a theoretical, legal analysis of this type of administrative detention, this volume is intended to serve as a practical tool and source of reference for individuals and organisations engaged in defending the rights of asylum seekers today.
Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
Author: Madalina Moraru
Publisher: Bloomsbury Publishing
Published: 2020-08-06
Total Pages: 528
ISBN-13: 1509922970
DOWNLOAD EBOOK →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 Informalisation of the EU's External Action in the Field of Migration and Asylum
Author: Eva Kassoti
Publisher: Springer Nature
Published: 2022-01-11
Total Pages: 346
ISBN-13: 9462654875
DOWNLOAD EBOOK →This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum. Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.
Causes and Consequences of Migrant Criminalization
Author: Neža Kogovšek Šalamon
Publisher: Springer Nature
Published: 2020-07-01
Total Pages: 302
ISBN-13: 3030437329
DOWNLOAD EBOOK →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.
Asylum Law in the European Union
Author: Francesco Cherubini
Publisher:
Published: 2015
Total Pages: 0
ISBN-13: 9780415741095
DOWNLOAD EBOOK →This work examines the rules governing the right to asylum in the European Union. The book analyses a number of sources of law including international law, EU law and the case law of the European Court of Human Rights. The book considers the 1951 United Nations Convention relating to the Status of Refugees and the 1967 Protocol in order to understand the degree to which asylum obligations under international refugee law have been incorporated into the European Union. The book has a particular focus on the prohibition of refoulement the main obligation the EU law must confront. The dual nature of this principle is explored looking at both the obligation imposed upon a state to provide a fair procedure to determine the conditions of risk in the country of origin or destination, and also the obligation to refrain from or to respond to a possible expulsion. Through this investigation the book sheds light on the EU competence on asylum in relation to the different position of Members States.
The EU-Turkey Statement on Refugees
Author: Hülya Kaya
Publisher: Edward Elgar Publishing
Published: 2020-06-26
Total Pages: 256
ISBN-13: 178990921X
DOWNLOAD EBOOK →This thought-provoking book critically analyses how the implementation of the EU-Turkey Statement on Refugees affects the rights of refugees and asylum seekers. Bringing together an in-depth examination of both EU and Turkish law and fieldwork data within a theoretical human rights framework, Hülya Kaya discusses the operational realities and failures of the agreement between Turkey and the EU from a socio-legal perspective.
Immigration Detention in the European Union
Author: Izabella Majcher
Publisher: Springer
Published: 2021-03-05
Total Pages: 480
ISBN-13: 9783030338718
DOWNLOAD EBOOK →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.
Handbook on European Law Relating to Asylum, Borders and Immigration
Author: European Union. European Union Agency for Fundamental Rights
Publisher:
Published: 2014
Total Pages: 273
ISBN-13: 9789292393472
DOWNLOAD EBOOK →The European Convention on Human Rights and European Union law provide an increasingly important framework for the protection of the rights of foreigners. European Union legislation relating to asylum, borders and immigration is developing fast. There is an impressive body of case law by the European Court of Human Rights relating in particular to Articles 3, 5, 8 and 13 of the ECHR. The Court of Justice of the European Union is increasingly asked to pronounce itself on the interpretation of European Union law provisions in this field. This handbook presents this European Union legislation and the body of case law by the two European courts in an accessible way. It is intended for legal practitioners, judges, prosecutors, immigration officials and nongovernmental organisations, in the EU and Council of Europe Member States.
Access to Justice for Migrants and Asylum Seekers in Europe
Author: Jeremy McBride
Publisher: Council of Europe
Published: 2009-01-01
Total Pages: 134
ISBN-13: 9789287166456
DOWNLOAD EBOOK →Further to the 28th Conference of European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007), the Council of Europe has continued working on access to justice for migrants and asylum seekers. This publication contains an assessment of the situation faced by this vulnerable category of persons in accessing justice. It deals in particular with the identification of measures - both existing and new - for facilitating and ensuring such access for these people.
