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Author : Roberta Mungianu
Publisher : Cambridge University Press
Page : 275 pages
File Size : 48,6 Mb
Release : 2016-08-18
Category : Law
ISBN : 9781107133570
This book investigates the international responsibility of the EU in relation to the activities of the Frontex Border Agency.
Author : Melanie Fink
Publisher : Oxford Studies in European Law
Page : 417 pages
File Size : 51,9 Mb
Release : 2019-02-19
Category : Law
ISBN : 9780198835455
This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.
Author : Bernhard Ryan,Valsamis Mitsilegas
Publisher : BRILL
Page : 460 pages
File Size : 43,8 Mb
Release : 2010
Category : Law
ISBN : 9789004172333
This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.
Author : Sergio Carrera,Arie Pieter Leonhard den Hertog,Marion Panizzon,Dora Kostakopoulou
Publisher : BRILL
Page : 417 pages
File Size : 46,6 Mb
Release : 2018-12-10
Category : Law
ISBN : 9789004354234
This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.
Author : Violeta Moreno Lax
Publisher : Oxford Studies in European Law
Page : 0 pages
File Size : 52,7 Mb
Release : 2017
Category : Law
ISBN : 0198701004
Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.
Author : Thomas Gammeltoft-Hansen
Publisher : Cambridge University Press
Page : 309 pages
File Size : 50,9 Mb
Release : 2011-03-17
Category : Political Science
ISBN : 9781139501163
Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
Author : Lisa Heschl
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2018
Category : Exterritoriality
ISBN : 1780686145
In times of the proclaimed 'refugee crisis' this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.
Author : Steve Peers
Publisher : Oxford University Press
Page : 657 pages
File Size : 49,6 Mb
Release : 2023-10-26
Category : Electronic
ISBN : 9780198890232
EU Asylum and Immigration Law sets out the institutional framework and offers comprehensive coverage and analysis of EU legislation and case law as they relate to immigration, asylum, visas, and border controls. Fully updated to include a significant volume of new case law and legislation between 2015 and 2023, this volume includes detailed commentary on the law relating to qualification as a refugee, forms of protection, the treatment of refugees and asylum seekers (including the Dublin rules allocating asylum seekers between Member States), the Schengen rules on borders, EU security databases, Frontex, as well as all aspects of legal migration, expulsion and readmission, and immigration detention. The new edition addresses the human rights issues arising in these areas and the ongoing developments of the law, including discussion of proposed new legislation and the use of new or expanded EU border control databases. Steve Peers' seminal text, EU Justice and Home Affairs Law, appears in its fifth edition and is available in two separate volumes covering asylum and immigration law and criminal law, policing, and civil law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.
Author : Anna Magdalena Kosińska
Publisher : Springer Nature
Page : 298 pages
File Size : 55,6 Mb
Release : 2019-12-09
Category : Law
ISBN : 9783030301545
Cultural Rights of Third-Country Nationals in EU Law provides a complex analysis of the cultural rights of third-country nationals in European Union Law. Originally published in Polish and translated into English for the first time, this book examines EU migration policy and law from the perspective of cultural rights protection for migrants as a part of the overall system of human rights protection in the EU. In offering a careful analysis of these standards and their implementation mechanisms, Cultural Rights of Third-Country Nationals in EU Law will be of use to all researchers on EU law, especially in the areas of asylum law, migration law and the protection of the borders. It will also be useful to scholars and practitioners in the area of cultural policy.
Author : Francesca Ippolito,Seline Trevisanut
Publisher : Cambridge University Press
Page : 343 pages
File Size : 45,7 Mb
Release : 2015
Category : Law
ISBN : 9781107087859
Critically analyses how institutional actors interact on the international scene in the control and management of migration in the Mediterranean.
Author : Itamar Mann
Publisher : Cambridge University Press
Page : 265 pages
File Size : 54,5 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781107148765
This book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.
Author : Eman Hamdan
Publisher : BRILL
Page : 414 pages
File Size : 54,7 Mb
Release : 2016-06-02
Category : Law
ISBN : 9789004319394
This book examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture. It provides a comprehensive and comparative analysis of the non-refoulement case-law of both the European Court of Human Rights and the UN Committee against Torture.
Author : Izabella Majcher
Publisher : BRILL
Page : 848 pages
File Size : 49,5 Mb
Release : 2019-11-26
Category : Law
ISBN : 9789004360532
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
Author : Evangelia Tsourdi,Philippe De Bruycker
Publisher : Edward Elgar Publishing
Page : 543 pages
File Size : 43,9 Mb
Release : 2022-12-08
Category : Law
ISBN : 9781786439635
This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.
Author : Cathryn Costello
Publisher : Oxford University Press
Page : 401 pages
File Size : 48,9 Mb
Release : 2016
Category : Law
ISBN : 9780199644742
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.
