Immigration and Asylum Law and Policy of the European Union


Book Description

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.




Asylum Law in the European Union


Book Description

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.




Relations between Immigration and Integration Policies in Europe


Book Description

Written from a pan-European perspective, this book examines the decision-making processes in immigration and integration policies in Europe across decades, focusing on several key moments of Europe’s postwar history. The analysis of factors taken into consideration by states in key moments of immigration policy (re)formulation shows that Europe is moving away from rational, economic arguments towards more political ones. This book contributes to the theoretical and practical debate regarding immigration and integration policies by arguing that – contrary to assumptions – immigration policy should not be treated as having precedence before integration policy. It also reflects on the growing anti-immigration sentiments as well as the securitisation and criminalisation of migration issues that are fuelled by right-wing politics. This book will be of key interest both to students and scholars of migration, the European Union, European integration, social policy, public policy, international relations, European studies, law, economics, sociology and to professionals, policy-makers, think tanks and associations in NGOs, the EU and other IOs. The Open Access version of this book, available at: https://www.taylorfrancis.com/books/e/9780429263736, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.




Immigration, Integration and the Law


Book Description

This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.




The Politics of Migration and Immigration in Europe


Book Description

This text fulfills a major gap by comprehensively reviewing one of the most salient policy issues in Europe today, migration and immigration. It is the first book to address the question of whether we can legitimately speak of a European politics of migration that links states in terms of their policy response to each other and to an evolving EU policy. The book carefully differentiates between different types of migration, introduces the main concepts and debates, and provides a broad comparative framework from which to assess the role and impact of individual states and the European Union (EU) and European integration to this key contemporary issue. Topical and up-to-date, the author fully reviews the politics and policies of immigration across the breadth and depth of Europe including the `older' immigration countries of France, Germany and the United Kingdom, the `newer' southern European countries, and the enlargement states of East and Central Europe. The Politics of Immigration and Migration in Europe is essential reading for all undergraduate and post-graduate students of European politics, political science and the social sciences more generally. Andrew Geddes lectures at the School of Politics and Communications Studies, University of Liverpool. `This book will be essential reading for students of migration and European integration, but will also be important for decision-makers, and, indeed, anyone who wants to understand one of the burning issues of our times' - Stephen Castles, Professor of Migration and Refugee Studies, Director of the Refugee Studies Centre, University of Oxford




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


Book Description

This collective volume draws on the themes of intersectionality and overlapping policy universes to examine and evaluate the shifting functions, frames and multiple actors and instruments of an ongoing and revitalized cooperation in EU external migration and asylum policies with third states. The contributions are based on problem-driven research and seek to develop bottom-up, policy-oriented solutions, while taking into account global, EU-based and local perspectives, and the shifting universes of EU migration, border and asylum policies. In 15 chapters, we explore the multifaceted dimensions of the EU external migration policy and its evolution in the post-crisis, geopolitical environment of the Global Compacts.




The Human Rights of Migrants in European Law


Book Description

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.




European Immigration


Book Description

Fully updated and containing chapters on the new EU member states and the attempt to form a common EU migration policy, this new edition of European Immigration: A Sourcebook provides a comprehensive overview of the trends and developments in migration in all EU countries. With chapters following a common structure to facilitate direct international comparisons, it not only examines the internal affairs of each member state, but also explores both migratory trends within the EU itself and the implications for European immigration of wider global events, including the Arab Spring and the world financial crisis.




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


Book Description

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




Towards A European Nationality


Book Description

Adopting a comparative approach, the book examines the evolution of nationality law across the European Union since WWI. It explores the hypothesis that two factors, the experience of large-scale non-European immigration and the need to integrate a large and growing third country national population, have forced a convergence in European nationality law. The book accords attention to the role of gender and decolonization in reforms to nationality law.