› › Actualite Du Droit Europeen De L Immigration Et De L Asile

The Future of Asylum in the European Union

Author : Flora A.N.J. Goudappel

Publisher : Springer Science & Business Media

Page : 221 pages

File Size : 20,76 MB

Release : 2011-08-31

Category : Law

ISBN : 906704802X

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Book Description

This book is based on a conference on the future of the European asylum policy at Erasmus School of Law in Rotterdam, the Netherlands. After a challenge set by the Dutch State Secretary for Justice, Ms Nebahat Albayrak, the contributions to this book focus on human rights aspects of the European asylum policy and the way the EU Member States need to cooperate in the future in order to reach results. The authors are scholars, policy makers and representatives of NGOs. In this way, many different aspects of the problems are put forward. In the introduction and the conclusion the editors evaluate the results of this broad cooperation. Valuable for academics, practitioners, policymakers and NGO’s involved with European asylum policy issues.



Immigration in Europe

Author : David Turton

Publisher : Universidad de Deusto

Page : 250 pages

File Size : 49,55 MB

Release : 2003-01-01

Category : Social Science

ISBN : 8498305128

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Book Description

The dynamics of migration in Europe have changed dramatically over the last few decades. Some countries, such as Ireland, Italy and Spain, are newcomers to an increasingly diverse Europe, having moved from being sources of emigration to destinations for migrants. Others such as France, Germany and the UK have many more years of experience with immigrants. Some of the biggest challenges facing Europe in the context of migration relate to irregular migration and integration by immigrants and refugees. What are the immigration needs of the different European countries? What are their labour needs? Can Europe’s existing population satisfy those labour needs? How can European countries work together to protect and improve the current refugee and asylum system? In the light of these pressing issues, it is vital that academics and NGOs work together to promote debate, research and the publication of reliable information about migration and refugees. To this end, academics, policy-makers and representatives of NGOs met at the University of Deusto in Bilbao, Spain (30 January-1 February 2003) to reflect on and debate the state of immigration in Europe. The results are published in this book.



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

Author : Izabella Majcher

Publisher : BRILL

Page : 848 pages

File Size : 48,97 MB

Release : 2019-11-26

Category : Law

ISBN : 9004360530

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Book Description

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



In Search of the Perfect Citizen?

Author : Sergio Carrera

Publisher : BRILL

Page : 548 pages

File Size : 14,82 MB

Release : 2009-05-11

Category : Law

ISBN : 9047428544

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Book Description

This book studies the normative intersection between integration, immigration and nationality in the European Union (EU). It examines the relationship between integration and the legal frameworks of admission, stay and access to nationality by third country nationals at national and European levels. Integration is being subject to multifaceted processes transforming its traditional policy and legal settings, as well as its classical theoretical premises and approaches. The Europeanisation of immigration policy has provoked the emergence of distinctive European approaches on integration. The legal elements of integration are being developed through two parallel settings: the EU Framework on Integration and European immigration law. These venues constitute two of the main pillars upon which the common EU immigration policy is being constructed, and their nexus raises several elements in need of reflection and study. This book examines the processes through which integration becomes a norm in nationality and immigration law and policy at the national and EU levels, and the implications of these processes for the legal status of third country nationals and the overall coherency of the common EU immigration policy.



Rules of Law and Laws of Ruling

Author : Franz von Benda-Beckmann

Publisher : Routledge

Page : 302 pages

File Size : 31,81 MB

Release : 2016-04-08

Category : Law

ISBN : 1317060946

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Book Description

Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.



Illiberal Liberal States

Author : Elspeth Guild

Publisher : Routledge

Page : 436 pages

File Size : 10,63 MB

Release : 2016-05-13

Category : Political Science

ISBN : 1317118901

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Book Description

Understanding the dynamics of the illiberal practices of liberal states is increasingly important in Europe today. This book examines the changing relationship between immigration, citizenship and integration at the European and national arenas. It studies some of the main effects and questions the comprehensiveness of the exchange and coordination of public responses to the inclusion of third country nationals in Europe, as well as their compatibility with a common European immigration policy driven by a rights-based approach and the respect of the principles of fair and equal treatment of third country nationals. The volume reviews key national experiences of immigration and citizenship laws, the use of integration and the 'moving of ideas' between national arenas. The framing of integration in immigration and citizenship law and the ways in which policy convergence is being achieved through the EU framework on integration raises a number of conceptual dilemmas and a set of definitional premises in need of reflection and consideration.



Whose Freedom, Security and Justice?

Author : Anneliese Baldaccini

Publisher : Bloomsbury Publishing

Page : 897 pages

File Size : 38,93 MB

Release : 2007-06-28

Category : Law

ISBN : 1847317944

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Book Description

This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?



Acquisition and Loss of Nationality

Author : Rainer Bauböck

Publisher : Amsterdam University Press

Page : 500 pages

File Size : 10,54 MB

Release : 2006

Category : Social Science

ISBN : 9053569200

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Book Description

Nationality and citizenship have been subjects of stormy policy debates in many EU countries in recent years. Concerns over the integration of immigrants, but also attempts to forge links with emigrants, have led to changes in the laws regulating loss and acquisition of nationality and citizenship. This title outlines the research conducted by a team of 30 researchers into the nationality laws and their implementation in 15 EU member states. Acquisition and Loss of Nationality - Volume 1 presents the results of a systematic comparative analysis. It uses a novel methodology that permits a detailed comparison how nationality can be acquired or lost across all 15 countries. The results show divergent trends towards liberalization in some countries and new restrictions of access to nationality in others. The book examines the impact of international and European law, presents statistical data on naturalization and assesses administrative practices. Although the European Union has no formal competence in regulating nationality, the nationality laws of member states are linked to each other via the common citizenship of the Union. Member States should therefore agree on common norms for their nationality laws. The book contains detailed policy recommendations based on the idea that stakeholders in the political community should be given access to nationality. Studies of each country's nationality law are published separately in "http://www.aup.nl/do.php?a=show_visitor_book & isbn=9789053569214" & gt; Volume 2. Additional material including detailed statistics and further comparative analyses of legal regulations of nationality is available at "http://www.imiscoe.org" & gt;www.imiscoe.org. Volume 1 & amp; 2 are also available as a set, "http://www.aup.nl/do.php?a=show_visitor_book & amp;isbn=9789053569498 & amp;l=2" & gt;click here for more information. This is the most comprehensive comparative study of the legal status of nationality so far and it will become an indispensable source of reference for further research. For more information see: "http://www.imiscoe.org/natac/" & gt;http://www.imiscoe.org/natac.



The Routledge Handbook of the Politics of Migration in Europe

Author : Agnieszka Weinar

Publisher : Routledge

Page : 953 pages

File Size : 42,99 MB

Release : 2018-07-06

Category : Political Science

ISBN : 1315512831

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Book Description

The Routledge Handbook of the Politics of Migration in Europe provides a rigorous and critical examination of what is exceptional about the European politics of migration and the study of it. Crucially, this book goes beyond the study of the politics of migration in the handful of Western European countries to showcase a European approach to the study of migration politics, inclusive of tendencies in all geographical parts of Europe (including Eastern Europe, the Western Balkans, Turkey) and of influences of the European Union (EU) on countries in Europe and beyond. Each expert chapter reviews the state of the art field of studies on a given topic or question in Europe as a continent while highlighting any dimensions in scholarly debates that are uniquely European. Thematically organised, it permits analytically fruitful comparisons across various geographical entities within Europe and broadens the focus on European immigration politics and policies beyond the traditional limitations of Western European, immigrant-receiving societies. The Routledge Handbook of the Politics of Migration in Europe will be essential reading and an authoritative reference for scholars, students, researchers and practitioners involved in, and actively concerned about, research on migration, and European and EU Politics.



Reforming the Common European Asylum System

Author : Vincent Chetail

Publisher : BRILL

Page : 549 pages

File Size : 19,7 MB

Release : 2016-02-15

Category : Law

ISBN : 9004308660

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Book Description

This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.