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

EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes
Author: Sergio Carrera
Publisher: BRILL
Total Pages: 417
Release: 2018-12-10
Genre: Law
ISBN: 9004354239

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 Readmission of Asylum Seekers under International Law

The Readmission of Asylum Seekers under International Law
Author: Mariagiulia Giuffré
Publisher: Bloomsbury Publishing
Total Pages: 403
Release: 2020-02-20
Genre: Law
ISBN: 1509902503

This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.

The Treaty of Lisbon and the Future of European Law and Policy

The Treaty of Lisbon and the Future of European Law and Policy
Author: Martin Trybus
Publisher: Edward Elgar Publishing
Total Pages: 553
Release: 2012-01-01
Genre: Law
ISBN: 085793256X

'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.

Asylum - A Right Denied

Asylum - A Right Denied
Author: Helen O'Nions
Publisher: Routledge
Total Pages: 270
Release: 2016-04-15
Genre: Political Science
ISBN: 1317177754

In recent decades, asylum has emerged as a highly politicized European issue. The term ’asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.

EU Borders and Shifting Internal Security

EU Borders and Shifting Internal Security
Author: Raphael Bossong
Publisher: Springer
Total Pages: 244
Release: 2016-02-19
Genre: Political Science
ISBN: 3319175602

This edited volume analyzes recent key developments in EU border management. In light of the refugee crises in the Mediterranean and the responses on the part of EU member states, this volume presents an in-depth reflection on European border practices and their political, social and economic consequences. Approaching borders as concepts in flux, the authors identify three main trends: the rise of security technologies such as the EUROSUR system, the continued externalization of EU security governance such as border mission training in third states, and the unfolding dynamics of accountability. The contributions show that internal security cooperation in Europe is far from consolidated, since both political oversight mechanisms and the definition of borders remain in flux. This edited volume makes a timely and interdisciplinary contribution to the ongoing academic and political debate on the future of open borders and legitimate security governance in Europe. It offers a valuable resource for scholars in the fields of international security and migration studies, as well as for practitioners dealing with border management mechanisms.

The Dynamics of Powers in the European Union

The Dynamics of Powers in the European Union
Author: Christina Eckes
Publisher: Bloomsbury Publishing
Total Pages: 651
Release: 2024-09-19
Genre: Law
ISBN: 1509971602

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.

Treaty on the Functioning of the European Union - A Commentary

Treaty on the Functioning of the European Union - A Commentary
Author: Hermann-Josef Blanke
Publisher: Springer Nature
Total Pages: 1699
Release: 2021-05-31
Genre: Law
ISBN: 3030435113

The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.

Migration in the Mediterranean

Migration in the Mediterranean
Author: Francesca Ippolito
Publisher: Cambridge University Press
Total Pages: 343
Release: 2016-01-11
Genre: Law
ISBN: 1316473015

Mediterranean states have developed various cooperation mechanisms to cope with issues relating to migration. This book critically analyses how institutional actors act and interact on the international scene in the control and management of migration in the Mediterranean.

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

Fortress Europe?

Fortress Europe?
Author: Annette Jünemann
Publisher: Springer
Total Pages: 186
Release: 2017-03-16
Genre: Political Science
ISBN: 3658170115

An unprecedented number of people is currently on the move seeking refuge in Europe. Large parts of European societies respond with anxiety and mistrust to the influx of people. Nationalist, anti-migrant parties from Slovakia over Germany to the UK have gained increasing support among the electorate and challenge the political mainstream. Europe is struggling how to respond. While the search for solutions is ongoing one pattern seems to be emerging: Fortress Europe is in the making. Unfortunately, few of these discussions and measures consider the structural root causes and dynamics of migration, the motives of migrants or societal challenges more thoroughly. This book seeks to address this deficit. Taking migration and asylum policies as a starting point, it analyses the various dimensions underpinning migration. In doing so, it identifies why receiving countries are in many ways part of the problem. To eschew an overtly Euro-centric perspective and stimulate a debate between science and politics, it contains contributions by academics and practitioners alike from both shores of the Mediterranean.