The Informalisation of the EU's External Action in the Field of Migration and Asylum

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

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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.


Enhancing the Rule of Law in the European Union’s External Action

Enhancing the Rule of Law in the European Union’s External Action

Author: Luis M. Hinojosa-Martínez

Publisher: Edward Elgar Publishing

Published: 2023-07-01

Total Pages: 373

ISBN-13: 1035312328

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This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.


Research Handbook on EU Migration and Asylum Law

Research Handbook on EU Migration and Asylum Law

Author: Evangelia Tsourdi

Publisher: Edward Elgar Publishing

Published: 2022-12-08

Total Pages: 543

ISBN-13: 1786439638

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This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.


(In)visible European Government

(In)visible European Government

Author: Maarten Hillebrandt

Publisher: Taylor & Francis

Published: 2023-12-22

Total Pages: 243

ISBN-13: 1003832237

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This book questions the theoretical premises and practical applications of transparency, showing both the promises and perils of transparency in a methodologically innovative way and in a cross-section of policy instruments. It scrutinizes transparency from three perspectives - methodologically, theoretically, and empirically - both in the specific context of the EU but also in the wider context of modern society in which transparency is embraced as an almost unquestionable virtue. This book examines the ways in which transparency practices can make institutions visible and stands out for its methodological self-reflection: to fully understand the irresistible call for transparency in our governing institutions, we must reflect on our own relationship with it. This book will be of key interest to scholars and students of transparency studies, democratic legitimacy, global governance, governance law, EU studies and law and public policy more widely.


The Dynamics of Powers in the European Union

The Dynamics of Powers in the European Union

Author: Christina Eckes

Publisher: Bloomsbury Publishing

Published: 2024-09-19

Total Pages: 651

ISBN-13: 1509971602

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Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.


Responses to Sea Migration and the Rule of Law

Responses to Sea Migration and the Rule of Law

Author: Katia Bianchini

Publisher: Bloomsbury Publishing

Published: 2024-08-22

Total Pages: 263

ISBN-13: 150997850X

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In the current debates on sea migration there is a dearth of works drawing on the rule of law. This important book addresses this failing. Considering the question from that conceptual framework, it is able to broaden the sometimes fragmented and incomplete perspective of existing scholarship. The book takes as its central case study the experience of Italy, exploring the legal issues at play there and its institutional practices and policies. From here its focus broadens out to the wider EU experience, looking in particular at those problems common to southern EU states, such as failures and delays in assisting migrants in distress at sea and contested legal grounds and practices concerning interceptions at sea. It combines both legal and empirical data, charting both the black letter law and how it operates in practice. In a field as complex as this, this clarity is key; it allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today.


Shaping a Genuine Area of Freedom, Security and Justice

Shaping a Genuine Area of Freedom, Security and Justice

Author: Koen Lenaerts

Publisher: Bloomsbury Publishing

Published: 2024-10-31

Total Pages: 391

ISBN-13: 1509975136

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This book provides an ambitious assessment of the increasing importance of case law in the field of the Area of Freedom, Security and Justice on the evolution of EU law. In recent years the Area of Freedom, Security and Justice (AFSJ) has occupied an increasingly prominent place in the working of the European Union and by extension the Court of Justice (CJEU). Over three parts the book looks at the framework of the AFSJ, its workings, and finally the impact of EU law upon it. The collection provides remarkable insights into the growing importance of the AFSJ and how EU law has evolved in light of this.


Consenting to International Law

Consenting to International Law

Author: Samantha Besson

Publisher: Cambridge University Press

Published: 2023-11-30

Total Pages: 393

ISBN-13: 1009406469

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The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions.


European Migration Law

European Migration Law

Author: Thym

Publisher: Oxford University Press

Published: 2023-06-09

Total Pages: 721

ISBN-13: 0192894277

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This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.


Understanding the EU as a Good Global Actor

Understanding the EU as a Good Global Actor

Author: Fahey, Elaine

Publisher: Edward Elgar Publishing

Published: 2022-10-07

Total Pages: 315

ISBN-13: 1802202986

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This timely book investigates the EU’s multi-faceted development as a global actor, unpacking its legal mission to be a ‘good’ actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of ‘goodness’ in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject.