Precedents And Judicial Politics In Eu Immigration Law
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Precedents And Judicial Politics In Eu Immigration Law
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Author : Marie De Somer
language : en
Publisher: Springer
Release Date : 2018-07-27
Precedents And Judicial Politics In Eu Immigration Law written by Marie De Somer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Political Science categories.
This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court’s rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.
Eu Migration Law
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Author : Loïc Azoulai
language : en
Publisher: OUP Oxford
Release Date : 2014-03-20
Eu Migration Law written by Loïc Azoulai and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-20 with Law categories.
Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.
Migration And Eu Law And Policy
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Author : Loïc Azoulai
language : en
Publisher:
Release Date : 2014-03
Migration And Eu Law And Policy written by Loïc Azoulai and has been published by 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.
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.
Immigration And The Judiciary
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Author : Stephen H. Legomsky
language : en
Publisher:
Release Date : 1987
Immigration And The Judiciary written by Stephen H. Legomsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.
In this unique comparative study, Legomsky explores the roles of the American and British courts in immigration cases. He persuasively argues that, in remarkably similar ways, the two sets of courts have deviated from general principles of public law when confronted with immigration cases and offers both legal and political explanations for this pattern. Intended not only for those interested specifically in immigration, this book also holds new insights for anyone concerned with public or comparative law, judicial sociology, or the interaction of law and politics.
European Migration Law
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Author : Daniel Thym
language : en
Publisher: Oxford University Press
Release Date : 2023-05-16
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 2023-05-16 with Law categories.
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. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.
Migration Law Policy And Human Rights
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Author : Rachael Dickson
language : en
Publisher: Routledge
Release Date : 2022-04-28
Migration Law Policy And Human Rights written by Rachael Dickson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-28 with Law categories.
Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a ‘home.’ Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU’s pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.
Guardians Of Public Value
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Author : Arjen Boin
language : en
Publisher: Springer Nature
Release Date : 2021
Guardians Of Public Value written by Arjen Boin and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Political planning categories.
This open access book presents case studies of twelve organisations which the public have come to view as institutions. From the BBC to Doctors Without Borders, from the Amsterdam Concertgebouw Orchestra to CERN, this volume examines how some organisations rise to prominence and remain in high public esteem through changing and challenging times. It builds upon the scholarly tradition of institutional scholarship pioneered by Philip Selznick, and highlights common themes in the stories of these highly diverse organizations; demonstrating how leadership, learning, and luck all play a role in becoming and remaining an institution. This case study format makes this volume ideal for classroom use and practitioners alike. In an era where public institutions are increasingly under threat, this volume offers concrete lessons for contemporary organisation leaders. Arjen Boin is Professor of Public Institutions and Governance at the Department of Political Science, Leiden University, Netherlands. Paul 't Hart is Professor of Public Administration at the Utrecht School of Governance, Utrecht University, Netherlands. Lauren A. Fahy is a PhD Fellow at the Utrecht School of Governance, Utrecht University, Netherlands.
Immigration And Criminal Law In The European Union
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Author : Elspeth Guild
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2006
Immigration And Criminal Law In The European Union written by Elspeth Guild and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.
Europe S Second Constitution
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Author : Markus W. Gehring
language : en
Publisher: Cambridge University Press
Release Date : 2020-09-24
Europe S Second Constitution written by Markus W. Gehring and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-24 with Law categories.
European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.