Whose Freedom, Security and Justice? : EU Immigration and Asylum Law and Policy.
Baldaccini, Anneliese.
Whose Freedom, Security and Justice? : EU Immigration and Asylum Law and Policy. - 1st ed. - 1 online resource (582 pages) - Essays in European Law Series . - Essays in European Law Series .
Half Title Page -- Title Page -- Title verso -- Foreword -- Contents -- List of Contributors -- List of Key Legislative and Policy Documents -- From Amsterdam and Tampere to The Hague: An Overview of Five Years of EC Immigration and Asylum Law -- Part I. Constitutional Issues in EU Migration Law -- 1. Citizens Without a Constitution, Borders Without a State: EU Free Movement of Persons -- INTRODUCTION -- FREE MOVEMENT OF PERSONS IN THE EU-FROM IMMIGRANTS TO CITIZENS IN EU LAW? -- OBSTACLES TO FREE MOVEMENT OF PERSONS: CONCLUSIONS FROM THE JURISPRUDENCE OF THE EUROPEAN COURT OF JUSTICE -- FREE MOVEMENT WHERE? THE EXTERNAL BORDER AND THE INTERNAL BORDER -- CONCLUSIONS -- 2. Effective Remedies in Immigration and Asylum Law Procedures: A Matter of General Principles of EU Law -- INTRODUCTION -- EFFECTIVE REMEDIES FOR EU CITIZENS, FAMILY MEMBERS AND TURKISH WORKERS: FROM DIRECTIVE 64/221 TO DIRECTIVE 2004/38 -- LEGAL REMEDIES IN IMMIGRATION AND ASYLUM LAW BASED ON TITLE IV OF THE EC TREATY -- THE FIRST PRINCIPLE: PROTECTION OF FUNDAMENTAL RIGHTS -- THE SECOND PRINCIPLE: EFFECTIVE REMEDIES TO SECURE RIGHTS CONFERRED BY EU LAW -- CONCLUSIONS -- 3. The Jurisdiction of the Court of Justice Over EC Immigration and Asylum Law: Time For a Change? -- INTRODUCTION -- THE CURRENT JUDICIAL FRAMEWORK -- CONCLUSIONS -- 4. Impact Assessments: A Useful Tool for 'Better Lawmaking' in EU Migration Policy? -- INTRODUCTION -- THE EU'S INTEGRATED IMPACT ASSESSMENT PROCEDURE -- IMPACT ASSESSMENTS IN EU MIGRATION LAW -- SOME FURTHER OBSERVATIONS -- CONCLUSION -- Part II. Access to Asylum and Refuge Protection -- 5. The Asylum Procedures Directive in Legal Context -- INTRODUCTION -- ASYLUM PROCEDURES IN CONTEXT -- INTRODUCING THE PROCEDURES DIRECTIVE -- THE QUALIFICATION DIRECTIVE AND EVIDENTIAL ASSESSMENT. MINIMUM STANDARDS LEGISLATION AND THREE SOURCES OF FUNDAMENTAL RIGHTS AND FAIR PROCEDURES -- THE GENERAL PRINCIPLES IN ACTION -- FUTURE DIRECTIONS-CONVERGENCE OR FRAGMENTATION? -- CONCLUSIONS -- 6. Directive 2003/9 on Reception Conditions of Asylum Seekers: Ensuring 'Mere Subsistence' or a 'Dignified Standard of Living'? -- INTRODUCTION -- RECEPTION CONDITIONS AND THE EUROPEAN UNION -- PROPOSING AND NEGOTIATING THE DIRECTIVE -- ANALYSIS OF DIRECTIVE 2003/9 -- CONCLUSION: PROTECTING DIGNITY? -- 7. Refugee Status and Subsidiary Protection under EC Law: The Qualification Directive and the Right to Be Granted Asylum -- INTRODUCTION -- THE DIRECTIVE'S REFUGEE AND HUMAN RIGHTS LAW FRAMEWORK -- THE RIGHT TO BE GRANTED ASYLUM FOR REFUGEES AND OTHER PERSONS IN NEED OF PROTECTION -- SCOPE OF THE RIGHT TO BE GRANTED ASYLUM -- SECURITY GROUNDS AS LIMITATIONS ON THE RIGHT TO ASYLUM: EXCLUSION AND NON-REFOULEMENT -- EFFECTIVE EXERCISE OF THE RIGHTS ATTACHED TO PROTECTION STATUS -- CONCLUSIONS -- 8. From Dublin Convention to Dublin Regulation: A Progressive Move? -- THE DUBLIN CONVENTION AND REGULATION: THE RULES ALLOCATING RESPONSIBILITY -- APPLICANTS' CHOICE, MEMBER STATES' BENEFITS -- DETERRING MULTIPLE APPLICATIONS -- THE JURISPRUDENTIAL STATUS OF THE CONVENTION AND THE REGULATION -- CONCLUSIONS -- 9. The External Dimension of the EU's Asylum and Immigration Policies: Old Concerns and New Approaches -- INTRODUCTION -- DEVELOPING AN EXTERNAL MIGRATION POLICY -- PROTECTION IN THE REGION -- THE EU NEIGHBOURHOOD POLICY -- CONCLUSION -- Part III. Borders and the Enforcement of Migration Control -- 10. The Criminalisation of Migration in EU Law and Policy -- INTRODUCTION -- BACKGROUND -- TERMINOLOGY -- LEGALLY BINDING MEASURES: EXTERNAL BORDERS, VISAS AND IRREGULAR MIGRATION -- OTHER MEASURES: RECEPTION OF ASYLUM SEEKERS. CONCLUSION: THE NEED FOR A RIGHTS-BASED APPROACH -- 11. Building a Community Return Policy With Third Countries: An Equal Partnership? -- INTRODUCTION -- LEGAL CONSTRAINTS PLACED ON RETURNS -- EARLIER EU INITIATIVES TO FACILITATE RETURNS -- TOWARDS A COMMUNITY RETURN POLICY -- CONCLUSION -- 12. Border Security in the European Union: Towards Centralised Controls and Maximum Surveillance -- INTRODUCTION -- THE RECONCEPTUALISATION OF BORDERS AND SECURITY IN THE EU -- THE EUROPEAN BORDER AGENCY -- THE COLLECTION AND EXCHANGE OF PASSENGER DATA -- THE 'DEEPENING' AND 'WIDENING' OF DATABASES AND THEIR INTEROPERABILITY -- CONCLUSION -- 13. Immigration Detention and the Common European Asylum Policy -- INTRODUCTION -- INTERNATIONAL LAW AND THE DETENTION OF ASYLUM SEEKERS -- GENERAL PRINICIPLES OF EU LAW AND ASYLUM DETENTION -- EU LEGISLATION ON DETENTION: AN UNSATISFACTORY PICTURE -- CONCLUSIONS -- Part IV. Managing Legal Migration -- 14. The Long-Term Residents Directive, Denizenship and Integration -- INTRODUCTION -- FROM NGO INITIATIVES, COUNCIL OF EUROPE AND EU THIRD PILLAR SOFT LAW TO HARD COMMUNITY LAW -- THE MAIN ELEMENTS OF THE DIRECTIVE -- WHAT ARE THE POSITIVE EFFECTS OF THE DIRECTIVE? -- TWO ACHILLES' HEELS OF THE DIRECTIVE: INTEGRATION CONDITIONS AND ACCESS TO EMPLOYMENT -- CONCLUSIONS -- 15. The Family Reunification Directive: A Tool Preserving Member State Interest or Conducive to Family Unity? -- INTRODUCTION -- WHO BENEFITS FROM THE DIRECTIVE? -- APPLYING FOR FAMILY REUNIFICATION -- WITHHOLDING OR REVOKING PERMISSION -- JUDICIAL REVIEW -- CONCLUSIONS -- 16. The European Union and Labour Migration: Regulating Admission or Treatment? -- INTRODUCTION -- WHAT IS THE ROLE OF THE EUROPEAN UNION? -- ADMISSION FOR EMPLOYMENT -- THE RIGHTS OF MIGRANT WORKERS -- CONCLUSION. 17. Citizenship and the Expanding European Union: The Rights of New EU Nationals -- INTRODUCTION -- TRANSITIONAL PERIODS IN PREVIOUS ACCESSIONS -- THE NEW TRANSITIONAL PROVISIONS -- APPLYING NATIONAL RULES: THE UNITED KINGDOM'S WORKER REGISTRATION SCHEME -- SERVICE PROVISION: STILL AN ELUSIVE REALITY? -- CITIZENSHIP -- ENLARGEMENT AND SCHENGEN-INSIDERS AND OUTSIDERS -- Index.
This book by leading authorities in the field of EU immigration and asylum law reflects upon developments since the Amsterdam Treaty.
9781847313669
Refugees -- Legal status, laws, etc. -- European Union countries.
Electronic books.
KJE6044 -- .W46 2007eb
342.24082
Whose Freedom, Security and Justice? : EU Immigration and Asylum Law and Policy. - 1st ed. - 1 online resource (582 pages) - Essays in European Law Series . - Essays in European Law Series .
Half Title Page -- Title Page -- Title verso -- Foreword -- Contents -- List of Contributors -- List of Key Legislative and Policy Documents -- From Amsterdam and Tampere to The Hague: An Overview of Five Years of EC Immigration and Asylum Law -- Part I. Constitutional Issues in EU Migration Law -- 1. Citizens Without a Constitution, Borders Without a State: EU Free Movement of Persons -- INTRODUCTION -- FREE MOVEMENT OF PERSONS IN THE EU-FROM IMMIGRANTS TO CITIZENS IN EU LAW? -- OBSTACLES TO FREE MOVEMENT OF PERSONS: CONCLUSIONS FROM THE JURISPRUDENCE OF THE EUROPEAN COURT OF JUSTICE -- FREE MOVEMENT WHERE? THE EXTERNAL BORDER AND THE INTERNAL BORDER -- CONCLUSIONS -- 2. Effective Remedies in Immigration and Asylum Law Procedures: A Matter of General Principles of EU Law -- INTRODUCTION -- EFFECTIVE REMEDIES FOR EU CITIZENS, FAMILY MEMBERS AND TURKISH WORKERS: FROM DIRECTIVE 64/221 TO DIRECTIVE 2004/38 -- LEGAL REMEDIES IN IMMIGRATION AND ASYLUM LAW BASED ON TITLE IV OF THE EC TREATY -- THE FIRST PRINCIPLE: PROTECTION OF FUNDAMENTAL RIGHTS -- THE SECOND PRINCIPLE: EFFECTIVE REMEDIES TO SECURE RIGHTS CONFERRED BY EU LAW -- CONCLUSIONS -- 3. The Jurisdiction of the Court of Justice Over EC Immigration and Asylum Law: Time For a Change? -- INTRODUCTION -- THE CURRENT JUDICIAL FRAMEWORK -- CONCLUSIONS -- 4. Impact Assessments: A Useful Tool for 'Better Lawmaking' in EU Migration Policy? -- INTRODUCTION -- THE EU'S INTEGRATED IMPACT ASSESSMENT PROCEDURE -- IMPACT ASSESSMENTS IN EU MIGRATION LAW -- SOME FURTHER OBSERVATIONS -- CONCLUSION -- Part II. Access to Asylum and Refuge Protection -- 5. The Asylum Procedures Directive in Legal Context -- INTRODUCTION -- ASYLUM PROCEDURES IN CONTEXT -- INTRODUCING THE PROCEDURES DIRECTIVE -- THE QUALIFICATION DIRECTIVE AND EVIDENTIAL ASSESSMENT. MINIMUM STANDARDS LEGISLATION AND THREE SOURCES OF FUNDAMENTAL RIGHTS AND FAIR PROCEDURES -- THE GENERAL PRINCIPLES IN ACTION -- FUTURE DIRECTIONS-CONVERGENCE OR FRAGMENTATION? -- CONCLUSIONS -- 6. Directive 2003/9 on Reception Conditions of Asylum Seekers: Ensuring 'Mere Subsistence' or a 'Dignified Standard of Living'? -- INTRODUCTION -- RECEPTION CONDITIONS AND THE EUROPEAN UNION -- PROPOSING AND NEGOTIATING THE DIRECTIVE -- ANALYSIS OF DIRECTIVE 2003/9 -- CONCLUSION: PROTECTING DIGNITY? -- 7. Refugee Status and Subsidiary Protection under EC Law: The Qualification Directive and the Right to Be Granted Asylum -- INTRODUCTION -- THE DIRECTIVE'S REFUGEE AND HUMAN RIGHTS LAW FRAMEWORK -- THE RIGHT TO BE GRANTED ASYLUM FOR REFUGEES AND OTHER PERSONS IN NEED OF PROTECTION -- SCOPE OF THE RIGHT TO BE GRANTED ASYLUM -- SECURITY GROUNDS AS LIMITATIONS ON THE RIGHT TO ASYLUM: EXCLUSION AND NON-REFOULEMENT -- EFFECTIVE EXERCISE OF THE RIGHTS ATTACHED TO PROTECTION STATUS -- CONCLUSIONS -- 8. From Dublin Convention to Dublin Regulation: A Progressive Move? -- THE DUBLIN CONVENTION AND REGULATION: THE RULES ALLOCATING RESPONSIBILITY -- APPLICANTS' CHOICE, MEMBER STATES' BENEFITS -- DETERRING MULTIPLE APPLICATIONS -- THE JURISPRUDENTIAL STATUS OF THE CONVENTION AND THE REGULATION -- CONCLUSIONS -- 9. The External Dimension of the EU's Asylum and Immigration Policies: Old Concerns and New Approaches -- INTRODUCTION -- DEVELOPING AN EXTERNAL MIGRATION POLICY -- PROTECTION IN THE REGION -- THE EU NEIGHBOURHOOD POLICY -- CONCLUSION -- Part III. Borders and the Enforcement of Migration Control -- 10. The Criminalisation of Migration in EU Law and Policy -- INTRODUCTION -- BACKGROUND -- TERMINOLOGY -- LEGALLY BINDING MEASURES: EXTERNAL BORDERS, VISAS AND IRREGULAR MIGRATION -- OTHER MEASURES: RECEPTION OF ASYLUM SEEKERS. CONCLUSION: THE NEED FOR A RIGHTS-BASED APPROACH -- 11. Building a Community Return Policy With Third Countries: An Equal Partnership? -- INTRODUCTION -- LEGAL CONSTRAINTS PLACED ON RETURNS -- EARLIER EU INITIATIVES TO FACILITATE RETURNS -- TOWARDS A COMMUNITY RETURN POLICY -- CONCLUSION -- 12. Border Security in the European Union: Towards Centralised Controls and Maximum Surveillance -- INTRODUCTION -- THE RECONCEPTUALISATION OF BORDERS AND SECURITY IN THE EU -- THE EUROPEAN BORDER AGENCY -- THE COLLECTION AND EXCHANGE OF PASSENGER DATA -- THE 'DEEPENING' AND 'WIDENING' OF DATABASES AND THEIR INTEROPERABILITY -- CONCLUSION -- 13. Immigration Detention and the Common European Asylum Policy -- INTRODUCTION -- INTERNATIONAL LAW AND THE DETENTION OF ASYLUM SEEKERS -- GENERAL PRINICIPLES OF EU LAW AND ASYLUM DETENTION -- EU LEGISLATION ON DETENTION: AN UNSATISFACTORY PICTURE -- CONCLUSIONS -- Part IV. Managing Legal Migration -- 14. The Long-Term Residents Directive, Denizenship and Integration -- INTRODUCTION -- FROM NGO INITIATIVES, COUNCIL OF EUROPE AND EU THIRD PILLAR SOFT LAW TO HARD COMMUNITY LAW -- THE MAIN ELEMENTS OF THE DIRECTIVE -- WHAT ARE THE POSITIVE EFFECTS OF THE DIRECTIVE? -- TWO ACHILLES' HEELS OF THE DIRECTIVE: INTEGRATION CONDITIONS AND ACCESS TO EMPLOYMENT -- CONCLUSIONS -- 15. The Family Reunification Directive: A Tool Preserving Member State Interest or Conducive to Family Unity? -- INTRODUCTION -- WHO BENEFITS FROM THE DIRECTIVE? -- APPLYING FOR FAMILY REUNIFICATION -- WITHHOLDING OR REVOKING PERMISSION -- JUDICIAL REVIEW -- CONCLUSIONS -- 16. The European Union and Labour Migration: Regulating Admission or Treatment? -- INTRODUCTION -- WHAT IS THE ROLE OF THE EUROPEAN UNION? -- ADMISSION FOR EMPLOYMENT -- THE RIGHTS OF MIGRANT WORKERS -- CONCLUSION. 17. Citizenship and the Expanding European Union: The Rights of New EU Nationals -- INTRODUCTION -- TRANSITIONAL PERIODS IN PREVIOUS ACCESSIONS -- THE NEW TRANSITIONAL PROVISIONS -- APPLYING NATIONAL RULES: THE UNITED KINGDOM'S WORKER REGISTRATION SCHEME -- SERVICE PROVISION: STILL AN ELUSIVE REALITY? -- CITIZENSHIP -- ENLARGEMENT AND SCHENGEN-INSIDERS AND OUTSIDERS -- Index.
This book by leading authorities in the field of EU immigration and asylum law reflects upon developments since the Amsterdam Treaty.
9781847313669
Refugees -- Legal status, laws, etc. -- European Union countries.
Electronic books.
KJE6044 -- .W46 2007eb
342.24082