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By examining the implementation dynamics of EU Readmission Agreements (EURAs), this book addresses the practical reasons why irregular immigrants cannot be expelled. EURAs are one of the vital legal instruments framing EU external migration law with regard to the expulsion of irregular immigrants, yet their implementation has met with various obstacles. Above all, the process of determining an individual's legal identity has proven to be one of the most controversial aspects in the implementation of EURAs.The analysis shows that the process of identifying who is whose national in the context of readmission creates two existential dilemmas: first from the perspective of the sovereignty of thi...
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.
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.
This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It asse...
This book studies the normative intersection between integration, immigration and nationality in the European Union (EU). It examines the relationship between integration and the legal frameworks of admission, stay and access to nationality by third country nationals at national and European levels. Integration is being subject to multifaceted processes transforming its traditional policy and legal settings, as well as its classical theoretical premises and approaches. The Europeanisation of immigration policy has provoked the emergence of distinctive European approaches on integration. The legal elements of integration are being developed through two parallel settings: the EU Framework on I...
Introduction -- Countering migrant-smuggling : the EU's policy approach -- The role of EU agencies in policing migrant-smuggling : EU home affairs agencies and national actors involved in anti-migrant-smuggling -- Anti-smuggling in national law and perceptions among civil society actors -- Effects of countering facilitation of entry : CSOs involved at external EU sea and land borders -- Humanitarian assistance in the context of the EU hotspots approach -- The effects of countering facilitation of residence : access to services and rights -- The three faces of policing the mobility society in the EU -- Conclusions
The expert contributors to this edited volume, representing a multidisciplinary selection of academics, examine the treatment of irregular migration, human trafficking, and smuggling in EU law and policy. The various chapters explore the policy dilemmas encountered in efforts to criminalize irregular migration and humanitarian assistance to irregular immigrants. The book aims to provide academic input to informed policy-making in the next phase of the European Agenda on Migration. In his foreword, Matthias Ruete, Director General of DG Home Affairs of the European Commission, writes: "This initiative aims to stimulate evidence-based policy-making and to bring fresh thinking to develop more effective policies. The European Commission welcomes the valuable contribution of this initiative to help close the wide gap in our knowledge about the smuggling of migrants, and especially the functioning of smuggling networks."
This volume presents the final results of the CHALLENGE research project (The Changing Landscape of European Liberty and Security) - a five-year project funded by the Sixth Framework Programme of DG Research of the European Commission. The book critically appraises the liberties of citizens and others within the EU, and the different ways in which they are affected by the proliferation of discourses, practices and norms of insecurity enacted in the name of collective and individual safety. It analyses from an interdisciplinary perspective the impacts of new techniques of surveillance and control on the liberty and security of the citizen. The book studies illiberal practices of liberal regimes in the field of security, and the relationship between the internal and external effects of these practices in an increasingly interconnected world, as well as the effects in relation to the place of the EU in world politics.
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.
"The humanitarian refugee crisis in Europe of 2015-2016 has posed profound challenges to the legitimacy of the European Union's policies on migration, asylum and borders. It has also revealed unfinished elements and serious shortcomings in current EU policies and approaches, particularly those applying in southern EU maritime border areas and frontier states in the Mediterranean. This book provides a critical examination of the lessons learned from this crisis and gives an up-to-date assessment of the main policy, legal and institutional responses that have been taken at the EU level. It further examines the extent to which these responses can be expected to work under the current system of sharing responsibility among EU member states for assessing asylum applications and ensuring consistent implementation of EU legal standards in compliance with the rule of law and fundamental rights. The authors offer specific recommendations and possible scenarios for policy optimisation and assess the extent to which the establishment of a European Border and Asylum Service (EBAS) can address the current gaps and challenges in EU and member states' migration policies."--Page 4 of cover.