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Frontex and Non-Refoulement
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.
Frontex and Non-Refoulement
This book investigates the international responsibility of the EU in relation to the activities of the Frontex Border Agency.
IOM Unbound?
Illuminates the obligations of the International Organization for Migration through contributions from experts in international law and international relations.
Redefining European Economic Integration
An innovative, bipartisan and comprehensive account of why European economic integration has been in disarray and how to fix it.
Transnational Solidarity
This book analyses the concept and conditions of transnational solidarity, the challenges and the opportunities, from an interdisciplinary global perspective.
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...
The Politics of Legal Expertise in EU Policymaking
The inside story of the daily work of lawyers in the EU institutions and their impact on EU policy making.
The Procedural and Organisational Law of the European Court of Justice
How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
Frontex and Human Rights
This monograph analyses the allocation of legal responsibility for human rights violations which may occur in the context of border control or return operations, coordinated by the European Border and Coast Guard Agency Frontex.
Can the European Court of Human Rights Shape European Public Order?
The first comprehensive analysis of the concept of European Public Order as deployed by the European Court of Human Rights.
