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The Practice of Judicial Interaction in the Field of Fundamental Rights
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Research Handbook on EU Migration and Asylum Law
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.
Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe...
Freedom of Expression of Judges
This book addresses the impact of developments in the freedom of expression of judges by building on the experience of judges themselves, legal practitioners and academics across Europe. It seeks to raise awareness that judicial speech is a multifaceted phenomenon shaped by complex legal and social considerations worth further exploration.
EU Management of Global Emergencies
EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises provides a thorough analysis of the role played by the European Union (EU) in combating some of the global emergencies that currently affect, or are likely to affect, our planet. In particular, the potential of a “regional” model for coping with such emergencies is examined, taking into account the perceived inefficacy of traditional prevention and reaction mechanisms provided both by individual States and international organisations. The expression “global emergencies” refers to all situations, irrespective of the subject matter involved, which are characterised by an unexpected state of crisis whi...
The European Union Returns Directive and its Compatibility with International Human Rights Law
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 w...
Forced Displacement and Migration
This book presents effective long-term solutions for displacement and migration against the background of the current debates. It offers insights on practical suggestions for dealing with displacement and migration due to violence, examines ideas for the management of global migration movements and looks into the integration of refugees and migrants. Throughout the chapters, experts from science, politics and practice shed light on the causes of global migration and the consequences of migration on a political, economic and social level. The focus of the discussion is not the avoidance of migratory movements, but above all the use of positive effects in countries of origin, transit and destination. The book is a must-read for researchers, policy-makers and politicians, interested in international cooperation and in a better understanding of causes, consequences and solutions of displacement and forced migration.
Foreign Policy Objectives in European Constitutional Law
Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, this book examines the nature, functions, and potential of these objectives by approaching EU external relations law through both comparative constitutional analysis and international relations theory.
Negotiating the Boundaries of Belonging
Nils Witte explores Turkish migrants’ destigmatization strategies and investigates their legal and symbolic motives for naturalisation. Using mixed methods and unique data the author shows that Turkish migrants’ inclination to naturalise would be stronger if they were allowed to retain their former citizenship and if they were recognized as symbolic members of German society. Minority members enjoy expansive rights as permanent residents and many are entitled to hold German citizenship. However, they often experience symbolic exclusion making symbolic membership a rare motive for naturalisation.
EU Law After Lisbon
The implementation of the Lisbon Treaty is profoundly changing many areas of EU law and policy. This volume gathers leading specialists in the field to analyse the implementation process and the directions of legal reform post-Lisbon, situating the Lisbon reforms in the broader context of on-going policy programmes.
