Manuel de droit européen en matière d'asile, de frontières et d'immigration

Manuel de droit européen en matière d'asile, de frontières et d'immigration
Author: European Union Agency for Fundamental Rights
Publisher:
Total Pages: 291
Release: 2014
Genre:
ISBN: 9789292393496

La Convention européenne des droits de l'homme (CEDH) et la législation de l'Union européenne (UE) fournissent un cadre de plus en plus important pour la protection des droits des ressortissants étrangers. La législation de l'UE relative à l'asile, aux frontières et à l'immigration se développe rapidement. Il existe un impressionnant corpus de jurisprudence de la Cour européenne des droits de l'homme qui porte, en particulier, sur les articles 3, 5, 8 et 13 de la CEDH. La Cour de Justice de l'Union européenne (CJUE) est également de plus en plus souvent appelée à se prononcer sur l'interprétation des dispositions de la législation de l'UE en la matière. La deuxième édition du présent manuel, mise à jour en décembre 2013, expose de manière accessible cette législation et la jurisprudence des deux cours européennes dans ce domaine. Il s'adresse aux praticiens du droit, aux juges, aux procureurs, aux agents des services de l'immigration et aux organisations non gouvernementales des États membres de l'UE ou du Conseil de l'Europe.

The Future of Asylum in the European Union

The Future of Asylum in the European Union
Author: Flora A.N.J. Goudappel
Publisher: Springer Science & Business Media
Total Pages: 221
Release: 2011-08-31
Genre: Law
ISBN: 906704802X

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.

In Search of the Perfect Citizen?

In Search of the Perfect Citizen?
Author: Sergio Carrera
Publisher: BRILL
Total Pages: 549
Release: 2009
Genre: Political Science
ISBN: 9004175091

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.

Illiberal Liberal States

Illiberal Liberal States
Author: Elspeth Guild
Publisher: Routledge
Total Pages: 436
Release: 2016-05-13
Genre: Political Science
ISBN: 1317118901

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.

Acquisition and Loss of Nationality

Acquisition and Loss of Nationality
Author: Rainer Bauböck
Publisher: Amsterdam University Press
Total Pages: 500
Release: 2006
Genre: Social Science
ISBN: 9053569200

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.

Whose Freedom, Security and Justice?

Whose Freedom, Security and Justice?
Author: Anneliese Baldaccini
Publisher: Bloomsbury Publishing
Total Pages: 582
Release: 2007-06-28
Genre: Law
ISBN: 1847313663

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?

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
Total Pages: 848
Release: 2019-11-26
Genre: Law
ISBN: 9004360530

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