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Transparency and Proportionality in the Schengen Information System and Border Control Co-Operation
This volume offers an evaluation of the Schengen Information System and border control co-operation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned.
The Violence of Victimhood
We know that violence breeds violence. We need look no further than the wars in the western Balkans, the genocide in Rwanda, or the ongoing crisis in Israel and Palestine. But we don’t know how to deal with the messy moral and political quandaries that result when victims become perpetrators. When the line between guilt and innocence wavers and we are confronted by the suffering of the victim who turns to violence, judgment may give way to moral relativism or liberal tolerance, compassion to a pity that denies culpability. This is the point of departure in The Violence of Victimhood and the impetus for its call for renewed considerations of responsibility, judgment, compassion, and nonviolent politics. To address her provocative questions, Diane Enns draws on an unusually wide-ranging cast of characters from the fields of feminism, philosophy, peacebuilding, political theory, and psychoanalysis. In the process, she makes an original contribution to each, enriching discussions that are otherwise constricted by disciplinary boundaries and an arid distinction between theory and practice.
Immigration and Privacy in the Law of the European Union
Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.
EU Law in Populist Times
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
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...
Justice, Liberty, Security
The European Union is rapidly creating a European space in which citizens can live in Justice, Liberty and Security. This bold push forward in the European integration process touches on three highly sensitive societal subjects: immigration and asylum, civil law, and criminal law. At the same time, work in this area necessarily has an external dimension: we only need to think about asylum and the post September 11 fight against terrorism. Within the European Union, this dynamic development of the external side of justice and home affairs raises challenging issues: friction over the division of competences between the Union and its Member States and between EU institutions; cross-pillar coordination issues; legal and political tensions due to "variable geometry" with numerous "opt-ins" and "opt-outs". In addition, international cooperation brings its own problems: how to explain the internal issues to international partners? How to allow them to become comfortable with an ever more assertive EU role? How to support global governance structures while preserving European human standards? -- Back cover.
European Migration Law
This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts...
Constitutionalism
This book has its roots in a conference on recent developments in Nordic and German constitutional law that took place in Berlin in 2002 at the Nordic Cultural Centre.That conference was organised within the project "Konstitutionalism, demokrati och den nordiska valfardsstaten" (Constitutionalism, Democracy and the Nordic Welfare State), financed by the Joint Committee for Nordic Research Councils for the Humanities and the Social Sciences (NOS-HS). The volume contains the edited and updated papers which emerged from this meeting of minds. They offer insight into some of the new, exciting strands of constitutional thought that are currently present in the Nordic doctrine, where many new paths have been opened in recent years. The contrast with the situation two decades ago is indeed striking. As far as German and European law are concerned, some of the most important theoretical issues in the doctrine are analysed in a number of particularly rewarding and inspiring contributions.
The Responsibility to Protect
This book explores the scope and limits of Article 4(h) of the African Union Constitutive Act (AU Act). The goal is to generate new thinking on, and contribute a fresh legal approach to, the implementation of the right to intervene under Article 4 (h) of the AU Act in the face of war crimes, genocide and crimes against humanity. The AU right to intervene, though noble in purpose, is problematic to implement owing to the inherently political matrix of intervention and the question of measures for intervention which have usually been reactive. This book seeks to investigate the scope and validity of the AU’s treaty-based right to intervene as an exception to the principle of State sovereignt...
Europe without Borders
The contested creation of free movement—for people and goods—in the Schengen area of Europe Europe is a place of free movement among nations—or is it? The Schengen area, established in 1985 and today encompassing twenty-nine European countries, allows people, goods, and capital to cross borders without restraint. Schengen transformed European life, advancing both a democratic project of transnational citizenship and a neoliberal project of international free trade. But the right of free movement always excluded non-Europeans, especially migrants of color from former colonies of the Schengen states. In Europe without Borders, Isaac Stanley-Becker explores the contested creation of free ...
