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

Author: Izabella Majcher

Publisher: BRILL

Published: 2019-11-26

Total Pages: 848

ISBN-13: 9004360530

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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

Law and Migration in a Changing World
Law and Migration in a Changing World

Author: Marie-Claire Foblets

Publisher: Springer Nature

Published: 2022-04-05

Total Pages: 843

ISBN-13: 3319995081

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This volume comprises national reports on migration and migration law from 17 countries representing all continents. The vast majority of these are countries of immigration, which means they face specific challenges in terms of managing migratory flows that are increasingly linked with climate change and scarce natural resources worldwide, and they need to find viable ways to integrate humanitarian migration. Unlike so many recent publications in the field of international migration law, this book brings together reports on diverse countries that are rarely regarded as part of one and the same picture, depicting globalized migration in the contemporary era that to a large extent challenges state sovereignty. The contributions delineate the legal regimes that individual states are continually developing and modifying with a view to managing and controlling access of individual persons to their respective territories. They also show how the restrictive measures that states resort to in the event of failure to manage migration could have a lasting legal impact. The General Report preceding the country reports provides a comparative overview of the national reports, and is divided into two parts. The first, more technical in nature, addresses the classic questions relating to admission to and residence in a country. The second, more reflective section, examines the relationship between laws and migration in a wider and multidisciplinary perspective. To allow a robust comparison, the country reports all follow a similarly wide-ranging structure; to the extent possible, they also cover the historical, sociological and demographic factors that help explain legal regimes and migratory flows in each country. Each country report includes analyses of recent legislative developments and delicate questions that are still awaiting adequate (legal) responses as well as perspectives for the future.

EU Citizenship and Free Movement Rights
EU Citizenship and Free Movement Rights

Author: Sandra Mantu

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9789004411777

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EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
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: 543

ISBN-13: 1509922962

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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.

Managing the Undesirables
Managing the Undesirables

Author: Michel Agier

Publisher: Polity

Published: 2011-01-25

Total Pages: 287

ISBN-13: 0745649017

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Official figures classify some fifty million of the world’s people as 'victims of forced displacement'. Refugees, asylum seekers, disaster victims, the internally displaced and the temporarily tolerated - categories of the excluded proliferate, but many more are left out of count. In the face of this tragedy, humanitarian action increasingly seems the only possible response. On the ground, however, the 'facilities' put in place are more reminiscent of the logic of totalitarianism. In a situation of permanent catastrophe and endless emergency, 'undesirables' are kept apart and out of sight, while the care dispensed is designed to control, filter and confine. How should we interpret the disturbing symbiosis between the hand that cares and the hand that strikes? After seven years of study in the refugee camps, Michel Agier reveals their 'disquieting ambiguity' and stresses the imperative need to take into account forms of improvisation and challenge that are currently transforming the camps, sometimes making them into towns and heralding the emergence of political subjects. A radical critique of the foundations, contexts, and political effects of humanitarian action.