[PDF] The Informalisation Of The Eus External Action In The Field Of Migration And Asylum eBook

Author : Eva Kassoti
Publisher : Springer Nature
Page : 346 pages
File Size : 29,69 MB
Release : 2022-01-11
Category : Law
ISBN : 9462654875

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This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum. Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.

Author : Markus Kotzur
Publisher : Nomos Verlag
Page : 354 pages
File Size : 32,62 MB
Release : 2020-11-24
Category : Law
ISBN : 3845298375

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Der vorliegende Band geht zurück auf eine internationale Summer School zum Migrations-, Asyl- und Flüchtlingsrecht in Barcelona. Im Sinne eines intergenerationellen wissenschaftlichen Austausches kommen Studierende, Nachwuchswissenschaftler*innen und arrivierte Expertinnen ins disziplinübergreifende Gespräch zu migrationsrechtlichen respektive migrationspolitischen Grundsatzfragen, die seit der Flüchtlingsschutzkrise des Jahres 2015 virulenter denn je geworden sind. Europa-, menschen- und völkerrechtliche Aspekte werden um nationalstaatliche Perspektiven aus Belgien, Bulgarien, der Bundesrepublik Deutschland, Italien, Spanien, der Türkei und dem Vereinigten Königreich ergänzt. Mit Beiträgen von Claudia Candelmo, Carmine Conte, Francisco Javier Donaire Villa, Arolda Elbasani, Leonard Amaru Feil, Francesco Luigi Gatta, Chad Heimrich, Markus Kotzur, Annalisa Morticelli, David Moya, Claudia Pretto, Andrea Romano, David Fernandez Rojo, Senada Šelo Šabić, Valentina Savazzi, Ülkü Sezgi Sözen und Catharina Ziebritzki.

Author : Sergio Carrera
Publisher : BRILL
Page : 417 pages
File Size : 30,20 MB
Release : 2018-12-10
Category : Law
ISBN : 9004354239

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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.

Author : Leonhard den Hertog
Publisher : Wolf Legal Publishers
Page : 0 pages
File Size : 30,59 MB
Release : 2014
Category : Asylum, Right of
ISBN : 9789462401815

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"The EU Treaties leave no doubt that the rule of law is a 'universal value' on which the 'Union is founded'. This value is not bound to remain internal; EU external relations should also be guided by the principle. However, a lack of conceptual and legal clarity on the principle makes it uncertain how it guides external relations. The basic question this study poses is therefore what the role of the rule of law is in EU external relations. More specifically, this study analyses this role by focussing on the external dimension of EU migration and asylum policy. Over the years the EU has developed this external dimension of an originally internal policy field. Measures such as externalising border control, readmission of migrants to third states or mobility opportunities for third country nationals have been promoted. This relatively new area of EU external relations is characterised by a high degree of operational and human rights sensitive activities. For example, Frontex, the EU border agency, operates beyond Europe's borders, sometimes on the basis of undisclosed working arrangements with third States. This peculiar nature of the external dimension of migration and asylum policy presents challenges to rule of law adherence and to the discourse of the EU as a norm exporter. What can the role of values be in influencing policy-making in this particular policy area, often described as 'securitised'? Informed by a sound analysis of the conceptual debate on the rule of law, the study looks at the legal requirements of that principle in the field of migration and asylum policy. It applies those requirements to the actions in this field to assess their rule of law adherence. Specifically, three EU organisations (Commission Directorate-General Home Affairs, Frontex and the European External Action Service) are studied to uncover why the the notions of and the adherence to the rule of law differ across their outputs."--Publisher.

Author : Markus Kotzur
Publisher :
Page : 353 pages
File Size : 42,48 MB
Release : 2020-12
Category : Asylum, Right of
ISBN : 9783848756292

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The present volume is based on an international summer school on migration, asylum and refugee law that took place in Barcelona in the fall of 2018, sponsored by the German Academic Exchange Service and in cooperation between the universities of Barcelona and Hamburg. In the spirit of intergenerational academic exchange, students, young researchers, and established experts engage in interdisciplinary discussions on fundamental questions of migration law and migration policy, which have become more virulent than ever since the refugee protection crisis of 2015. European, human rights and international law aspects are supplemented by national perspectives from Belgium, Bulgaria, the Federal Republic of Germany, Italy, Spain, Turkey and the United Kingdom. The entire project sees itself as a laboratory for the exchange of ideas, for reflection and further thinking about what open constitutional states, the European Union and the international community are equally challenged by today: a migration regime based on human rights, which takes into account security interests and is practicable in a world in which more and more people from ever more different backgrounds are seeking a future beyond their country of origin.

Author : Luis M. Hinojosa-Martínez
Publisher : Edward Elgar Publishing
Page : 373 pages
File Size : 44,4 MB
Release : 2023-07-01
Category : Law
ISBN : 1035312328

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This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.

Author : Evangelia Tsourdi
Publisher : Edward Elgar Publishing
Page : 543 pages
File Size : 36,4 MB
Release : 2022-12-08
Category : Law
ISBN : 1786439638

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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.

Author : Maarten Hillebrandt
Publisher : Taylor & Francis
Page : 243 pages
File Size : 48,2 MB
Release : 2023-12-22
Category : Political Science
ISBN : 1003832237

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This book questions the theoretical premises and practical applications of transparency, showing both the promises and perils of transparency in a methodologically innovative way and in a cross-section of policy instruments. It scrutinizes transparency from three perspectives - methodologically, theoretically, and empirically - both in the specific context of the EU but also in the wider context of modern society in which transparency is embraced as an almost unquestionable virtue. This book examines the ways in which transparency practices can make institutions visible and stands out for its methodological self-reflection: to fully understand the irresistible call for transparency in our governing institutions, we must reflect on our own relationship with it. This book will be of key interest to scholars and students of transparency studies, democratic legitimacy, global governance, governance law, EU studies and law and public policy more widely.

Author : Christina Eckes
Publisher : Bloomsbury Publishing
Page : 347 pages
File Size : 42,38 MB
Release : 2024-09-19
Category : Law
ISBN : 1509971610

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Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.