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Illiberal Liberal States
Understanding the dynamics of the illiberal practices of liberal states is increasingly important in Europe today. This book examines the changing relationship between immigration, citizenship and integration at the European and national arenas. It studies some of the main effects and questions the comprehensiveness of the exchange and coordination of public responses to the inclusion of third country nationals in Europe, as well as their compatibility with a common European immigration policy driven by a rights-based approach and the respect of the principles of fair and equal treatment of third country nationals. The volume reviews key national experiences of immigration and citizenship laws, the use of integration and the 'moving of ideas' between national arenas. The framing of integration in immigration and citizenship law and the ways in which policy convergence is being achieved through the EU framework on integration raises a number of conceptual dilemmas and a set of definitional premises in need of reflection and consideration.
EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition
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.
Terrorism And the Foreigner
This volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq s invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.
Reizen onder regie
Een etnografische studie over illegaal in Nederland verblijvende Turken.
International Migration
Analyses the difficulties democratic governments have in intervening successfully in migration processes. Assesses the possibilities for migration regulation by democratic states in a globalized world.
Circular Migration and the Rights of Migrant Workers in Central and Eastern Europe
This open access book adopts a rights-based approach to shed light on the different legal and policy instruments that have been developed to implement circular migration policies in the EU, and their consequences for the rights of migrant workers. It contributes to the understanding of the meaning of this concept in general and in the EU, as well as specifically regarding its Eastern neighborhood. The book provides a comprehensive picture of the formation and implementation of the EU’s circular migration approach that has developed through both EU and national instruments, on the basis of comparative case study analysis of Bulgaria and Poland’s migration laws and policies. By applying em...
Fair Immigration Proceedings in Europe
Fair Immigration Proceedings in Europe deals with international minimum standards for effective and fair immigration proceedings which apply for the region of the European Union. It is the first study to analyze systematically the impact of a wide range of relevant treaties under the UN, the Council of Europe and the European Union on the quality of national immigration proceedings. As a result, a coherent picture has come to the surface, which, despite several lacunae, gives a surprising view of the acquis of binding obligations on EU Member States in this field. Special attention is given to the greater conventions like the Refugee Convention of Geneva, the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the EC Treaty. Because of its systematic structure, the book is readily accessible for quick consultation. It constitutes an important tool for litigation practice and legislation for civil servants, judges, attorneys and researchers. It will also be of interest to academics because of its analysis of the interaction between minimum norms and equal treatment norms when implemented in municipal law.
The Legal Status of Migrants Admitted for Employment
Recent trends indicate that European countries are admitting more foreign workers to fill labour shortages caused by ageing populations and the increasing globalisation. Consequently, some European countries have adopted new laws and policies in order to attract both highly-skilled and less skilled foreign workers. However, the legal status of these migrants has become a matter of concern. The new measures do not entirely meet the established principles and standards of the Council of Europe aimed at protecting the rights of migrant workers, such as those of the European Social Charter and the European Convention on the Legal Status of Migrant Workers. This study focuses on the rules relating to the legal status of the main categories of migrant workers admitted for employment in some Council of Europe member states. It considers the important question of whether these national rules are structured in a way to assist migrants in their integration in the host country, in terms of granting them a secure residence status and economic and social rights, or whether they discourage or even prevent such integration.
Digital Borders and Real Rights
Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of the SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of the SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System.
