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Book
The EU citizenship directive : a commentary
Authors: --- ---
ISBN: 9780198849384 0198849389 Year: 2019 Publisher: Oxford: Oxford university press,


Book
Expulsion and detention of aliens in the European Union countries = Eloignement et la détention des étrangers dans les Etats membres de l'Union européenne
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ISBN: 8814089337 9788814089336 Year: 2001 Publisher: Milano: Giuffrè,


Book
European readmission policy
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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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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.


Book
De Lesbos à Calais : comment l'Europe fabrique des camps
Authors: --- ---
ISBN: 9782369350750 236935075X Year: 2017 Publisher: Neuvy-en-Champagne: Le Passager clandestin,

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De Lesbos à Calais une myriade de lieux de mise à l’écart émaille les parcours des migrants. Entre bidonvilles, campements, centres de rétention et hotspots, l’encampement transforme les frontières en des espaces de vie et de mise en attente. Le retour des camps en Europe marque un tournant, et nous alerte sur une crise de l’hospitalité qui fait du provisoire et de la mise à l’écart les seules manières de penser la gestion des migrations contemporaines.

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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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
Enfermés dehors : enquêtes sur le confinement des étrangers / sous la direction de Carolina Kobelinsky et Chowra Makaremi ; écrit par Michel Agier e.a.
Authors: --- ---
ISBN: 9782914968553 2914968558 Year: 2009 Publisher: Bellecombe-en-Bauges: Éditions du Croquant,


Book
Law and judicial dialogue on the return of irregular migrants from the European Union
Authors: --- ---
ISBN: 9781509922956 1509922954 1509922962 1509922970 9781509922963 1509922970 9781509922970 9781509922987 1509922989 Year: 2020 Volume: 99 Publisher: Oxford: Hart,

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This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.


Book
The European Union returns directive and its compatibility with international human rights law : analysis of return decision, entry ban, detention, and removal
Author:
ISSN: 15682749 ISBN: 9789004360525 9004360522 9004360530 9789004360532 Year: 2020 Volume: 45. Publisher: Leiden: Brill Nijhoff,

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"Combatting irregular immigration has become a major goal of migration policy of the European Union (EU). According to the European Commission (hereafter Commission), the "prevention of and the fight against illegal immigration are essential parts of the common and comprehensive asylum and immigration policy of the European Union." In particular, the return policy is "an integral and vital component in the fight against illegal immigration." The return policy, as the essential tool of the EU's "fight against illegal immigration," targets thousands of non- citizens annually"

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