[PDF] Migrants Rights Populism And Legal Resilience In Europe eBook

Author : Vladislava Stoyanova
Publisher : Cambridge University Press
Page : 409 pages
File Size : 42,15 MB
Release : 2022-06-02
Category : Political Science
ISBN : 1009050311

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Bringing together scholars of migration and constitutional law, this volume analyses the problematic relationship between the rise of populism, restrictions of migrants' rights and democratic decay in Europe. By offering both constructive and critical accounts, it creates a nuanced debate on the possibilities for and limitations of legal resilience against populist erosion of migrants' rights. Crucially, it does not merely diagnose the causes of restrictions of migrants' rights, but also proposes how the law might be used as a solution. In this volume, the law is considered as both a source of resilience and part of the problem at three distinct levels: the legal-theoretical, the European, and the national level. It is a major contribution to the literature on migrants' rights, offering a nuanced account of how legal resilience might be used to safeguard migrants' rights against further erosion in populist times. This book is available as Open Access.

Author : Vladislava Stoyanova
Publisher : Cambridge University Press
Page : 409 pages
File Size : 45,65 MB
Release : 2022-06-02
Category : History
ISBN : 1316510719

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Identifies paths for legal resilience against restrictions of migrants' rights introduced by the forces of authoritarian populism.

Author : Rachael Dickson
Publisher : Routledge
Page : 240 pages
File Size : 37,86 MB
Release : 2022-04-28
Category : Law
ISBN : 1000570703

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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.

Author : Marie-Benedicte Dembour
Publisher : Routledge
Page : 265 pages
File Size : 11,45 MB
Release : 2011-05-27
Category : Business & Economics
ISBN : 1136700080

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Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.

Author : Arikpo Lawrence Omini
Publisher : tredition
Page : 228 pages
File Size : 12,76 MB
Release : 2018-10-10
Category : Political Science
ISBN : 374697965X

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In a world bedevilled by wars, hunger, inequality, social injustice, racial discrimination and intolerance, almost all of the world's rich societies such as America, the European Union, Australia and Asia set up immigration barriers in order to keep migrants and refugees from coming through their borders and seeking a new and better life, different from the one they knew before, but migrants aren't deterred. They still travel to those countries' frontiers, defying warnings, hoping to make it. In recent years, Germany has taken in many foreign migrants who fled violence, persecution, hunger and death amid a growing atmosphere of resentment, xenophobia, racism and bigotry partly ushered in by the coming to power of the United States of America's dystopian demagogue Hurricane Donald Trump, who endorses politics of hate, ethnic prejudice and religion mostly because these minorities don't look like him. Some of these people pass through hardships into the Sahara Desert. Some are raped while others are used as guinea pigs as their lives are uprooted for transactional purposes. Some are sold and forced into labour while others are killed. Those who survive the ordeal into the Mediterranean Sea lose their lives in unseaworthy boats. What's the end game to this whole global crisis? Will the world cooperate to resolve global issues besieging the world and tackle the forces that enthrone them? Should we still believe in the hope offered the world by the Fall of Berlin Wall, or, should we, in these strange times, believe the Wall has gone right back up?

Author : C. A. Groenendijk
Publisher : Council of Europe
Page : 126 pages
File Size : 17,13 MB
Release : 1998
Category : Law
ISBN :

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Includes separate chapters on the law affecting immigrants in 18 European countries

Author : Katia Bianchini
Publisher : Bloomsbury Publishing
Page : 221 pages
File Size : 36,25 MB
Release : 2024-08-22
Category : Law
ISBN : 1509978496

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In the current debates on sea migration there is a dearth of works drawing on the rule of law. This important book addresses this failing. Considering the question from that conceptual framework, it is able to broaden the sometimes fragmented and incomplete perspective of existing scholarship. The book takes as its central case study the experience of Italy, exploring the legal issues at play there and its institutional practices and policies. From here its focus broadens out to the wider EU experience, looking in particular at those problems common to southern EU states, such as failures and delays in assisting migrants in distress at sea and contested legal grounds and practices concerning interceptions at sea. It combines both legal and empirical data, charting both the black letter law and how it operates in practice. In a field as complex as this, this clarity is key; it allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today.

Author : Hartzén, Ann-Christine
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 30,30 MB
Release : 2022-02-11
Category : Law
ISBN : 1800885512

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This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.

Author : Magdalena Kmak
Publisher : Taylor & Francis
Page : 173 pages
File Size : 50,15 MB
Release : 2023-10-17
Category : Law
ISBN : 1000989038

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This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ and ‘kinopolitics’ developed by Thomas Nail as well as ‘mobility justice’ developed by Mimi Sheller, the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms, such as state, citizenship, or border, are constructed and how they partake in production of differential mobility, the book challenges the conventional understanding of migration law. More specifically, and in revealing its contingent and unstable nature, the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law, citizenship studies, mobility studies, legal theory, and sociolegal studies.

Author : Thym
Publisher : Oxford University Press
Page : 721 pages
File Size : 11,68 MB
Release : 2023-06-09
Category : Law
ISBN : 0192894277

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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.