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Book
European readmission policy
Author:
ISBN: 1282398164 9786612398162 9004180745 9789004180741 9004165541 9789004165540 9789004165540 9781282398160 6612398167 Year: 2009 Publisher: Leiden Boston Martinus Nijhoff Publishers

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Abstract

Offering the first comprehensive analysis of readmission agreements, this book examines the intersection of immigration and human rights law and the complex interplay between evolving international, regional and national norms. Expanding the current academic and policy discourse on readmission agreements through detailed consideration of the negotiation processes carried out by the European Community, it renders a nuanced review of the underlying strategic objectives and regional effects of these treaties. The book makes a robust challenge to prevailing perspectives in legal scholarship and policy on readmission and refugee protection. The self-contained focus on EC readmission agreements throws light on broader questions of EU migration policy and reveals a detailed and insightful picture of a specific field of EU policy and action.


Book
Crimmigration law in the European Union
Authors: ---
ISBN: 9789462403239 9789462403406 9462403236 Year: 2016 Publisher: Oisterwijk: Wolf Legal Publishers,

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Abstract

In the European Union the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. An entry ban prohibits entry into and stay on the territory of all EU Member States (except the United Kingdom and Ireland) and Switzerland, Norway, Iceland and Liechtenstein. This instrument is intended to have preventive effects and to foster the credibility of EU return policy. The clear message is that those who disregard migration rules in the Member States will not be allowed to re-enter any Member State for a specified period. Furthermore, the entry ban is an instrument which can be used to prevent or to counter terrorism. The use of criminal sanctions in the area of immigration opens the largely political debate on the legitimacy of the process of criminalizing foreigners. The merger between criminal law and immigration law has been classified as "crimmigration law". The entry ban falls within the scope of crimmigration law. The relation between immigration law and criminal law and the compatibility of national penal measures imposed as a punishment for illegal migration is developed in the case law of the Court of Justice of the European Union. There is a well-established jurisprudence on the interplay between domestic penal sanctions and the effectiveness of return policy. The effectiveness of the return process would be compromised by the application of a criminal penalty for violating the entry ban, because the primary objective of the Directive is not to prevent illegal presence in the territory but rather to put an end to it. The current issue is to determine to what extent the use of criminal sanctions by Member States is allowed in the situation that an entry ban is issued against an illegally staying third-country national. This research focuses on this issue.

Terrorism and the foreigner : a decade of tension around the rule of law in Europe
Authors: ---
ISBN: 9004151877 9789004151871 9786612396793 128239679X 9047409841 9789047409847 6612396792 Year: 2007 Volume: v. 11 Publisher: Leiden: Nijhoff,

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Abstract

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.


Book
The external dimension of the EU's migration policy : different legal positions of third-country nationals in the EU : a comparative perspective
Author:
ISBN: 9789004265240 9004265244 9004265252 9789004265257 Year: 2014 Volume: 34 Publisher: Leiden: Brill,

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Abstract

In recent years the EU has been active in developing a common European immigration policy in cooperation with third countries and in building an “external dimension” of such an EU policy. The linkages between the EU’s external relations and migration policies have influenced the distinct legal positions of third-country nationals (non-EU nationals). This book critically discusses whether the EU’s objective of creating a common EU migration policy can be achieved against the backdrop of a highly fragmented EU framework for migration law and policy, and it argues that it is difficult to speak of one single, unitary group of third-country nationals forming the counterpart to EU citizens.


Book
Legal migration to the European Union
Author:
ISBN: 1282786962 9786612786969 9004189548 9789004189546 9789004184077 9004184074 9781282786967 Year: 2010 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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Abstract

This book provides an analysis of the current state of affairs in EU migration law. Five Directives on legal migration and national legislation in five Member States are critically assessed in terms of compliance with EU principles of law and international human rights.

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