Migration Law, Policy and Human Rights

Migration Law, Policy and Human Rights PDF Author: Rachael Dickson
Publisher: Routledge
ISBN: 1000570703
Category : Law
Languages : en
Pages : 240

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Book Description
Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a ‘home.’ Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU’s pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.

Migration Law, Policy and Human Rights

Migration Law, Policy and Human Rights PDF Author: Rachael Dickson
Publisher: Routledge
ISBN: 1000570703
Category : Law
Languages : en
Pages : 240

Get Book Here

Book Description
Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a ‘home.’ Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU’s pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.

Migration and EU Law and Policy

Migration and EU Law and Policy PDF Author: Loïc Azoulai
Publisher:
ISBN: 019870853X
Category : Law
Languages : en
Pages : 257

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Book Description
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.

Immigration and Asylum Law and Policy of the European Union

Immigration and Asylum Law and Policy of the European Union PDF Author: Kay Hailbronner
Publisher: BRILL
ISBN: 9004482628
Category : Law
Languages : en
Pages : 584

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Book Description
The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty. Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force. Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.

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 PDF Author: Sergio Carrera
Publisher: BRILL
ISBN: 9004354239
Category : Law
Languages : en
Pages : 417

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Book Description
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.

European Societies, Migration, and the Law

European Societies, Migration, and the Law PDF Author: Moritz Jesse
Publisher: Cambridge University Press
ISBN: 1108487688
Category : Law
Languages : en
Pages : 461

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Book Description
Looks at immigration and asylum legislation and polices in Europe to investigate how immigrants are 'othered' by them.

EU Citizenship Law and Policy

EU Citizenship Law and Policy PDF Author: Dora Kostakopoulou
Publisher: Edward Elgar Publishing
ISBN: 1786431599
Category : Law
Languages : en
Pages : 187

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Book Description
This theoretically ambitious work combines analytical, institutional and critical approaches in order to provide an in-depth, panoramic and contextual account of European Union citizenship law and policy.

The External Dimension of the EU’s Migration Policy

The External Dimension of the EU’s Migration Policy PDF Author: Katharina Eisele
Publisher: Martinus Nijhoff Publishers
ISBN: 9004265252
Category : Law
Languages : en
Pages : 556

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Book Description
In recent years the EU has been active in developing a common European immigration policy in cooperation with third countries and in building an “external dimension” of such an EU policy. The linkages between the EU’s external relations and migration policies have influenced the distinct legal positions of third-country nationals (non-EU nationals). This book critically discusses whether the EU’s objective of creating a common EU migration policy can be achieved against the backdrop of a highly fragmented EU framework for migration law and policy, and it argues that it is difficult to speak of one single, unitary group of third-country nationals forming the counterpart to EU citizens.

The Criminalisation of Migration in Europe

The Criminalisation of Migration in Europe PDF Author: Valsamis Mitsilegas
Publisher: Springer
ISBN: 331912658X
Category : Law
Languages : en
Pages : 117

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Book Description
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.

The First Decade of EU Migration and Asylum Law

The First Decade of EU Migration and Asylum Law PDF Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
ISBN: 9004215875
Category : Law
Languages : en
Pages : 501

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Book Description
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. The journal itself is the basis for the book: authors who have written the most significant contributions for the journal on the relevant issues to the Area of Freedom Security and Justice (AFSJ) have revised and updated their articles in light of current developments. These are supplemented with new chapters on issues which have turned out to be particularly important to the development of the field. The success of the journal has demonstrated the need for informed, independent academic research on the changing nature of immigration and asylum in Europe, and this volume too seeks to meet that need. It offers a unqiue and lively collection of essays covering the field of EU immigration and asylum law from a variety of perspectives.

Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis

Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis PDF Author: Sergio Carrera
Publisher: Edward Elgar Publishing
ISBN: 1788972481
Category : Asylum, Right of
Languages : en
Pages : 337

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Book Description
This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.