Legal Migration to the European Union

DOWNLOAD NOW »

Author: Anja Wiesbrock

Publisher: BRILL

ISBN: 9004184074

Category: Law

Page: 809

View: 6252

This book provides a comprehensive analysis of EU legislation in the area of legal migration. Five Directives on family reunification, long-term residence, students, researchers and highly qualified migrants are critically assessed. Moreover, the implementation of the Directives in three member states (Germany, the Netherlands and Sweden) and national legislation in two Member States with an opt-out from EU migration law (the UK and Netherlands) are assessed. This includes national rules on the integration of third-country nationals and access to citizenship. The book calls into question the compliance of several European and national provision with EU principals of law and international human rights.

Whose Freedom, Security and Justice?

EU Immigration and Asylum Law and Policy

DOWNLOAD NOW »

Author: Anneliese Baldaccini,Elspeth Guild,Helen Toner

Publisher: Bloomsbury Publishing

ISBN: 1847313663

Category: Law

Page: 582

View: 2418

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?

Eu Immigration And Asylum Law

Text And Commentary

DOWNLOAD NOW »

Author: Steven Peers,Nicholas Rogers

Publisher: Martinus Nijhoff Publishers

ISBN: 9004153748

Category: Political Science

Page: 1

View: 9820

Since entry into force of the Treaty of Amsterdam on 1 May 1999, the EU has considered, and in many cases adopted, many proposals for legislation or measures implementing legislation in the area of immigration and asylum law. These measures run the gamut from highly technical operational matters to broad measures covering basic aspects of immigration and asylum law. Between them, the proposed or adopted measures cover virtually every possible issue in relation to immigration or asylum. This book contains the text of and commentary upon a large number of these measures proposed or adopted up until 1 January 2006, including all of the most important ones. It also includes the text of the key measures concerning asylum, legal migration and irregular migration. A full list of the measures with references to their legislative history is provided. The authors of each commentary are experts in the field of EU immigration and asylum law, and the areas covered include visa and border controls, asylum, legal migration and integration, and irregular migration.

The First Decade of EU Migration and Asylum Law

DOWNLOAD NOW »

Author: Elspeth Guild,Paul Minderhoud

Publisher: Martinus Nijhoff Publishers

ISBN: 9004212035

Category: Political Science

Page: 485

View: 8548

More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary.

Migration and Asylum Law and Policy in the European Union

FIDE 2004 National Reports

DOWNLOAD NOW »

Author: Imelda Higgins,Kay Hailbronner

Publisher: Cambridge University Press

ISBN: 9780521605588

Category: Law

Page: 476

View: 1983

An international survey covering the migration and asylum laws of 15 EU member states.

The Human Rights of Migrants in European Law

DOWNLOAD NOW »

Author: Cathryn Costello

Publisher: Oxford University Press

ISBN: 0199644748

Category: Law

Page: 350

View: 1364

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.

Immigration And Criminal Law in the European Union

The Legal Measures and Social Consequences of Criminal Law in Member States on Trafficking and Smuggling in Human Rights

DOWNLOAD NOW »

Author: Elspeth Guild,P. Paul E. Minderhoud

Publisher: Martinus Nijhoff Publishers

ISBN: 9004150641

Category: Law

Page: 424

View: 1514

This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.

European Migration Law

DOWNLOAD NOW »

Author: Pieter Boeles,Maarten den Heijer,Gerrie G. Lodder,Cornelis Wolfram Wouters

Publisher: N.A

ISBN: 9781780682532

Category: Emigration and immigration law

Page: 455

View: 9130

This book brings together, in one context, the European and international legal regimes on migration as applicable to the territories of the Member States of the EU. Its focus is on European Community legislation under Title III and Title IV of the EC Treaty, treaties concluded between the European Community and third countries, and international treaties concluded within the framework of the Council of Europe and the United Nations.

The Criminalisation of Migration in Europe

Challenges for Human Rights and the Rule of Law

DOWNLOAD NOW »

Author: Valsamis Mitsilegas

Publisher: Springer

ISBN: 331912658X

Category: Law

Page: 110

View: 6768

This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.

Institutional and Policy Dynamics of Eu Migration Law

DOWNLOAD NOW »

Author: Georgia Papagianni

Publisher: Martinus Nijhoff Publishers

ISBN: 9004152792

Category: Law

Page: 392

View: 4013

The main objective of this book is to present the on-going process of European integration via a comprehensive analysis of the institutional dynamics of, and politics linked with, the emerging migration law and policy of the European Union. More specifically, it presents the historical evolution, the main institutional legislative and policy steps, the position of, and interactions among, the different actors, and the factors impeding the formation of a common policy at EU level. On this basis a critical analysis is provided of the main institutional problems, the current policy framework, the overarching rationale as well as of the content and quality of the nascent EU migration law. The book is divided into three parts. The first two parts provide a comprehensive study of the institutional framework and the substantive EC/EU law respectively. The third and final part provides a more general analysis of the policy-making process. Since the major achievements in the field of migration are recent, the book focuses to a great extent on the post-Amsterdam era. However, for reasons of coherence and in order to better evaluate recent developments, a concise overview of the origins of this policy is provided. Moreover, special emphasis is placed on the Schengen acquis, since its mark on European affairs has been and remains pronounced. Overall the attempt has been to provide an account, which is up to date with extensive historical references and combines both an academic and practical perspective to the legal and political issues involved. The approach based on the above elements will contribute to a new understanding of the main aspects of EU migration law and its policy ramifications andwill be of use to both academics and practitioners alike.

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

Volume 2: EU Immigration Law

DOWNLOAD NOW »

Author: Steve Peers,Elspeth Guild,Jonathan Tomkin,Diego Acosta Arcarazo,Kees Groenendijk,Violeta Moreno-Lax

Publisher: Martinus Nijhoff Publishers

ISBN: 9004222235

Category: Law

Page: 590

View: 2740

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.

Migration and EU Law and Policy

DOWNLOAD NOW »

Author: ... Azoulai,Karin de Vries

Publisher: Oxford University Press

ISBN: 019870853X

Category: Law

Page: 226

View: 4845

This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.

Migration, Borders and Asylum

Trends and Vulnerabilities in EU Policy

DOWNLOAD NOW »

Author: Thierry Balzacq,Sergio Carrera

Publisher: CEPS

ISBN: 9290795727

Category: Asylum, Right of

Page: 79

View: 4931

What level of policy convergence has been achieved by EU member states on immigration, borders and asylum? Although this question may sound rather theoretical, in practice it has profound consequences on the everyday life of individuals and the very nature of the EU. Common action in this field is exacerbated by the significant obstacles that negatively impact the quality of policies and the success of their implementation. Together with the tense EU struggle between the intergovernmental and community method of governing, these factors are detrimental to an EU-wide policy for promoting freedom, justice and stability in an enlarging Union. In response, authors Thierry Balzacq and Sergio Carrera undertake a critical analysis of the most recent policy developments in this politically sensitive domain. They investigate persistent barriers to harmonisation and suggest how the EU may achieve policy optimalisation. Their work progressively develops a set of recommendations, aimed at overcoming current vulnerabilities in policy approximation and achieving the most appropriate action to ensure equal treatment and social cohesion in the EU.

Reforming the Common European Asylum System

The New European Refugee Law

DOWNLOAD NOW »

Author: Vincent Chetail,Philippe De Bruycker,Francesco Maiani

Publisher: BRILL

ISBN: 9004308660

Category: Political Science

Page: 550

View: 3453

This book analyses the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. It provides a comprehensive and critical account of the recast instruments governing asylum law in the European Union.

Irregular Migration And Human Rights

Theoretical, European And International Perspectives

DOWNLOAD NOW »

Author: Barbara Bogusz

Publisher: Martinus Nijhoff Publishers

ISBN: 9004140115

Category: Political Science

Page: 462

View: 8417

This collection of essays is the outcome of an international conference on Irregular Migration and Human Rights, which gathered together prominent scholars, policy-makers and practitioners working in the migration and human rights field. The objective of the book, in contrast to the prevailing political approach which focuses almost solely on prevention, is to discuss the human rights dimensions of irregular migration from theoretical, European and international perspectives.

Access to Justice for Migrants and Asylum Seekers in Europe

DOWNLOAD NOW »

Author: Jeremy McBride

Publisher: Council of Europe

ISBN: 9789287166456

Category: Business & Economics

Page: 129

View: 9949

Further to the 28th Conference of European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007), the Council of Europe has continued working on access to justice for migrants and asylum seekers. This publication contains an assessment of the situation faced by this vulnerable category of persons in accessing justice. It deals in particular with the identification of measures - both existing and new - for facilitating and ensuring such access for these people.

European Readmission Policy

Third Country Interests and Refugee Rights

DOWNLOAD NOW »

Author: Nils Coleman

Publisher: BRILL

ISBN: 9004165541

Category: Law

Page: 395

View: 4629

Offering the first comprehensive analysis of readmission agreements, this book examines the intersection of immigration and human rights law and the complex interplay between evolving international, regional and national norms. Expanding the current academic and policy discourse on readmission agreements through detailed consideration of the negotiation processes carried out by the European Community, it renders a nuanced review of the underlying strategic objectives and regional effects of these treaties. The book makes a robust challenge to prevailing perspectives in legal scholarship and policy on readmission and refugee protection. The self-contained focus on EC readmission agreements throws light on broader questions of EU migration policy and reveals a detailed and insightful picture of a specific field of EU policy and action.