Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union
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Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union
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Author : Madalina Moraru
language : en
Publisher:
Release Date : 2020
Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union written by Madalina Moraru and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Asylum, Right of categories.
"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"--
Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union
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Author : Madalina Moraru
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-08-06
Law And Judicial Dialogue On The Return Of Irregular Migrants From The European Union written by Madalina Moraru and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.
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.
Research Handbook On Eu Migration And Asylum Law
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Author : Evangelia Tsourdi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-08
Research Handbook On Eu Migration And Asylum Law written by Evangelia Tsourdi and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-08 with Law categories.
This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.
European Migration Law
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Author : Daniel Thym
language : en
Publisher: Oxford University Press
Release Date : 2023
European Migration Law written by Daniel Thym 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 2023 with Law categories.
European Migration Law explores the growth of EU migration law in both legislative and judicial developments. It analyses the general framework behind the EU rules of migration, the significance of human rights in policy making, and explores the legislation surrounding key issues including entry into EU territory, border controls, and asylum.
National Courts And Preliminary References To The Court Of Justice
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Author : Krommendijk, Jasper
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-26
National Courts And Preliminary References To The Court Of Justice written by Krommendijk, Jasper and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-26 with Law categories.
This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.
The Changing European Union
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Author : Tamara Capeta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-12-29
The Changing European Union written by Tamara Capeta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-29 with Law categories.
It is widely recognised that international order is undergoing transformative change and the old norms no longer apply. This collection looks at how the EU, specifically its judicial wing, is responding to these new challenges. It looks both externally at those internationally shared problems of unequal societies, the rise of populism and the migrant crisis and internally at Brexit, the differences between the EU centre and peripheries and the division of competences. Taking a multifaceted approach, it draws on voices from academia and the judiciary to suggest how the EU might respond effectively to the challenges faced.
The Margins Of Discretion In Transnational Administrative Acts
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Author : Kathrin Hamenstädt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-05
The Margins Of Discretion In Transnational Administrative Acts written by Kathrin Hamenstädt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-05 with Law categories.
This book analyses the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens. The book begins with a vertical perspective, focusing on the effects of European standards on the law of expulsion and entry bans in Germany and the Netherlands, and the law regulating deportation from the United Kingdom. It explores how these countries use their margin of discretion, granted by European law, to solve the societal, political and legal challenges that are posed by delinquent foreigners. Moreover, it highlights the similarities, convergences and differences between these countries' approaches to the topic. Subsequently, the book adopts a horizontal perspective by focusing on the effects of national decisions on other states, thereby addressing transnational administrative acts. National expulsion decisions and entry bans can be given effect throughout European countries, with the consequence that other states are in principle obliged to enforce them by refusing foreigners access to their territory. This obligation arises despite the fact that expulsion decisions and entry bans are adopted on the basis of diverging national provisions. Even though the margin of discretion of national decision makers has already been limited, the remaining differences call for further recommendations, which are put forward in this book.
Legal Mobilization For Migrant Rights
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Author : Virginia Passalacqua
language : en
Publisher: Oxford University Press
Release Date : 2025-05-07
Legal Mobilization For Migrant Rights written by Virginia Passalacqua 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 2025-05-07 with Law categories.
The European Court of Justice plays a key role in the interpretation and enforcement of EU law. Yet, we still know little about the conditions under which cases arrive at the Court via preliminary reference and why they are so unevenly distributed across the EU Member States. Previous studies have shown how the legal elites played a central role in feeding the Court with cases to increase their power and influence. Legal Mobilization for Migrant Rights tells a different story. Focusing on the migration domain, this book shows that EU litigation can also be used to defend powerless groups. To explore the conditions under which EU legal mobilization for migrants emerges, the author compares three countries where EU migration law was mobilized before the European Court of Justice (Italy, the UK, and the Netherlands) and one where it was not (Greece). Combining empirical and doctrinal methods, this volume draws on interviews with key stakeholders and an original database of 505 migration preliminary references. Rather than focusing only on courts, Legal Mobilization for Migrant Rights sheds light on the role of lawyers, academics, and civil society in activating EU justice to oppose restrictive national migration policies. Crucially, the book ultimately reveals that EU legal mobilization struggles to emerge in some contexts due to a lack of resources and limited awareness of EU legal opportunities, which stand as significant obstacles to justice and migrant rights enforcement.
The Practice Of Judicial Interaction In The Field Of Fundamental Rights
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Author : Casarosa, Federica
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-02-04
The Practice Of Judicial Interaction In The Field Of Fundamental Rights written by Casarosa, Federica and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-04 with Law categories.
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Standing To Enforce European Union Law Before National Courts
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Author : Hilde K Ellingsen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-03-25
Standing To Enforce European Union Law Before National Courts written by Hilde K Ellingsen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-25 with Law categories.
Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.