Whose Freedom, Security and Justice? : EU Immigration and Asylum Law and Policy.

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.

Description based on publisher supplied metadata and other sources.

Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.