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European Readmission Policy


European Readmission Policy
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European Readmission Policy


European Readmission Policy
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Author : Nils Coleman
language : en
Publisher: BRILL
Release Date : 2009

European Readmission Policy written by Nils Coleman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.


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.



Readmission Policy In The European Union


Readmission Policy In The European Union
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Author : Jean-Pierre Cassarino
language : en
Publisher:
Release Date : 2010

Readmission Policy In The European Union written by Jean-Pierre Cassarino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Asylum, Right of categories.


This study sets out to explain the drivers shaping cooperative patterns on the readmission of unauthorised third-country nationals, whether at bilateral or EU level. It lays emphasis on the existence of a predominant bilateral readmission system in which EU agreements are inextricably embedded. As a result of the entry into force of the Treaty of Lisbon, the reinforced political control of the European Parliament calls for an analysis of this system and of its implications for human rights observance.



Implementation Of Eu Readmission Agreements


Implementation Of Eu Readmission Agreements
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Author : Sergio Carrera
language : en
Publisher: Springer
Release Date : 2016-08-15

Implementation Of Eu Readmission Agreements written by Sergio Carrera and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-15 with Law categories.


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 third countries of origin and the legal standards laid out in international instruments as regards states’ powers in determining nationality, and second regarding the agency of the individual as a holder of fundamental human rights. How do the EURAs deal with or aim at alleviating these identity determination dilemmas? The book provides a comparative analysis of the administrative procedures and rules envisaged by EURAs aimed at proving or presuming the nationality of the persons to be readmitted to their country of origin. It focuses on the ways in which nationality is to be determined or presumed in the scope of the 2010 EURA with Pakistan, and compares it with those foreseen in the EURAs with Armenia, Azerbaijan, Cape Verde, Georgia, and Turkey. As such, the book provides a unique and up-to-date study of EURAs and their implementation challenges in the broader context of EU external migration law and policy.



Eu External Migration Policies In An Era Of Global Mobilities Intersecting Policy Universes


Eu External Migration Policies In An Era Of Global Mobilities Intersecting Policy Universes
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Author : Sergio Carrera
language : en
Publisher: BRILL
Release Date : 2018-12-10

Eu External Migration Policies In An Era Of Global Mobilities Intersecting Policy Universes written by Sergio Carrera and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-10 with Law categories.


This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.



Implementation Of Eu Readmission Agreements


Implementation Of Eu Readmission Agreements
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Author : Sergio Carrera
language : en
Publisher:
Release Date : 2020-10-08

Implementation Of Eu Readmission Agreements written by Sergio Carrera and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-08 with Law categories.


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 third countries of origin and the legal standards laid out in international instruments as regards states' powers in determining nationality, and second regarding the agency of the individual as a holder of fundamental human rights.How do the EURAs deal with or aim at alleviating these identity determination dilemmas? The book provides a comparative analysis of the administrative procedures and rules envisaged by EURAs aimed at proving or presuming the nationality of the persons to be readmitted to their country of origin. It focuses on the ways in which nationality is to be determined or presumed in the scope of the 2010 EURA with Pakistan, and compares it with those foreseen in the EURAs with Armenia, Azerbaijan, Cape Verde, Georgia, and Turkey. As such, the book provides a unique and up-to-date study of EURAs and their implementation challenges in the broader context of EU external migration law and policy. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.



Migration And Eu Law And Policy


Migration And Eu Law And Policy
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Author : Loïc Azoulai
language : en
Publisher: Oxford University Press
Release Date : 2014-03

Migration And Eu Law And Policy written by Loïc Azoulai and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03 with Law categories.


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.



Institutional And Policy Dynamics Of Eu Migration Law


Institutional And Policy Dynamics Of Eu Migration Law
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Author : Georgia Papagianni
language : en
Publisher: BRILL
Release Date : 2006-08-01

Institutional And Policy Dynamics Of Eu Migration Law written by Georgia Papagianni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-01 with Law categories.


The main objective of this book is to present the on-going process of European integration via a comprehensive analysis of the institutional dynamics of, and politics linked with, the emerging migration law and policy of the European Union. More specifically, it presents the historical evolution, the main institutional legislative and policy steps, the position of, and interactions among, the different actors, and the factors impeding the formation of a common policy at EU level. On this basis a critical analysis is provided of the main institutional problems, the current policy framework, the overarching rationale as well as of the content and quality of the nascent EU migration law. The book is divided into three parts. The first two parts provide a comprehensive study of the institutional framework and the substantive EC/EU law respectively. The third and final part provides a more general analysis of the policy-making process. Since the major achievements in the field of migration are recent, the book focuses to a great extent on the post-Amsterdam era. However, for reasons of coherence and in order to better evaluate recent developments, a concise overview of the origins of this policy is provided. Moreover, special emphasis is placed on the Schengen acquis, since its mark on European affairs has been and remains pronounced. Overall the attempt has been to provide an account, which is up to date with extensive historical references and combines both an academic and practical perspective to the legal and political issues involved. The approach based on the above elements will contribute to a new understanding of the main aspects of EU migration law and its policy ramifications and will be of use to both academics and practitioners alike.



Immigration And Asylum Law And Policy Of The European Union


Immigration And Asylum Law And Policy Of The European Union
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Author : Kay Hailbronner
language : en
Publisher: BRILL
Release Date : 2024-01-22

Immigration And Asylum Law And Policy Of The European Union written by Kay Hailbronner and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-22 with Law categories.


The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty. Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force. Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.



Ec Visa Facilitation And Readmission Agreements


Ec Visa Facilitation And Readmission Agreements
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Author : Florian Trauner
language : en
Publisher:
Release Date : 2008

Ec Visa Facilitation And Readmission Agreements written by Florian Trauner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Border security categories.




The European Union Returns Directive And Its Compatibility With International Human Rights Law


The European Union Returns Directive And Its Compatibility With International Human Rights Law
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Author : Izabella Majcher
language : en
Publisher: BRILL
Release Date : 2019-11-26

The European Union Returns Directive And Its Compatibility With International Human Rights Law written by Izabella Majcher and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.


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 with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France