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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.
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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.Featuring contributions from key legal specialists in EU migration and asylum law, chapters in this Research Handbook consider a variety of issues including, but not limited to, the role of the institutional framework, visas, borders, family and labour migration, refugee protection, mobility, solidarity, and externalisation. It also offers an examination of the effect of the migration 'crisis' on EU asylum and migration law and the potential legal changes this may cause, as well as a survey of the developments of the New Pact on Migration and Asylum presented by the European Commission in 2020.Topical and comprehensive, the Research Handbook on EU Migration and Asylum Law is a must read for students and academics interested in EU law, human rights, migration, and refugee law and politics. Its insights will also help to inform the work of practitioners and policy makers, and other experts in the areas of migration, asylum, EU law, and EU integration.
Author Biography
Edited by Evangelia (Lilian) Tsourdi, Assistant Professor and Dutch Research Council grantee (NWO VENI and NWO Hestia), Faculty of Law and Maastricht Centre for European Law, Maastricht University, the Netherlands and Philippe De Bruycker, Professor, Jean Monnet Chair and Coordinator of the Academic Network for Legal Studies on Immigration and Asylum in Europe, Faculty of Law, Université libre de Bruxelles, Belgium
Table of Contents
Contents:1 The evolving EU asylum and migration law 1Evangelia (Lilian) Tsourdi and Philippe De BruyckerPART I CROSS-CUTTING THEMES2 Institutional and constitutional framework 57Daniel Thym3 Effective judicial protection of migrants and refugees? The role ofEurope's supranational courts in protecting and generating rights 79Minos Mouzourakis and Cathryn Costello4 Freedom of movement of EU citizens and mobility rights ofthird-country nationals: where EU free movement and migrationpolicies intersect or disconnect? 98Iris Goldner Lang5 Digitalising the EU migration and asylum policy: a case study oninformation systems 114Niovi VavoulaPART II ASYLUM6 International refugee law and EU asylum law: accordance and influence 141Paul McDonough and Tamara Tubakovic7 Qualifying for international protection in the EU 168Boldizsár Nagy8 Asylum decision'making, gender and sexuality 194Thomas Spijkerboer9 Reception conditions for asylum seekers: inherent duality 204Lieneke Slingenberg10 Vulnerable persons in EU asylum legislation: central feature ornecessity on the outskirts? 225Lyra Jakuleviciene11 Asylum procedures: seeking coherence within disparate standards 243Jens Vedsted-Hansen12 Responsibility allocation in the Common European Asylum System 263Francesco Maiani13 The informalisation of the external dimension of EU asylum policy: thehard implications of soft law 282Violeta Moreno-LaxPART III LEGAL MIGRATION14 Directive 2003/86 on the Right to Family Reunification: a surprisinganchor in a sensitive field 306Kees Groenendijk and Tineke Strik15 Migration for labour purposes: the EU's piecemeal approach 328Steve Peers16 Non-discrimination and the challenge of integration 343Moritz Jesse17 The external dimension of the EU migration policy: the legal framing ofbuilding partnerships with third countries 366Paula García AndradePART IV THE FIGHT AGAINST IRREGULAR MIGRATION18 The EU visa policy: to deter and to facilitate 391Elspeth Guild and Maja Grundler19 The management of the European Union's external borders 408Melanie Fink and Jorrit J. Rijpma20 EU Return Directive: a cause for shame or an unexpectedly protectiveframework? 436Madalina Moraru21 Criminalisation, containment and courts: a call for cross-fertilisationbetween the social sciences and legal-doctrinal research intoimmigration detention in Europe 456Galina Cornelisse22 Victimmigration: when smuggling becomes trafficking 472Conny Rijken23 EU readmission policy: a (shapeshifter) technical toolkit or challenge torights compliance? 487Tamás MolnárIndex
Review
'Within Europe as elsewhere, the issues of asylum and migration are deeply fraught, sparking contestations around identity, sovereignty, security, rights, soli-darity, and responsibility. The Research Handbook on EU Migration and Asylum Law is a valuable resource for readers seeking a comprehensive examination of the legal landscape informing these themes. The edited volume presents a rich set of reections on the current legal complexities impacting the movement of people across borders in and around the European Union.' -- Catherine L. Crooke, Ethnic and Racial Studies Review'Migration and asylum law is now firmly established as one of the core areas of European Union law. In this volume, Tsourdi and De Bruycker have brought together all the leading experts in the field and have asked them to explore the subjects they know best. The volume as a whole offers a remarkably thorough and stimulating panorama of the field.' -- Bruno de Witte, Maastricht University, the Netherlands'A gold mine. Such is this book. Under the supervision of Prof. Evangelia (Lilian) Tsourdi and Prof. Philippe De Bruycker, this Research Handbook on EU Migration and Asylum Law brings together the best scholars of Migration and Free movement in European Law. With 22 thematic chapters, preceded by a general chapter presenting "The Evolving EU Migration and Asylum Law", it provides a comprehensive overview of current and future issues in European migration law and policy.' -- Jean-Yves Carlier, UCLouvain, Belgium'This Research Handbook, by a group of prominent legal scholars, affords a cutting-edge and sophisticated analysis of EU migration and asylum law. The individual contributions are framed by an elegant introductory chapter, which traces the historical evolution of migration and asylum law, maps out the legislative, administrative, and external aspects of the law, and sketches future prospects. This volume is essential reading for anyone seeking to understand today's highly charged policy and legal debates on migration and asylum in the EU.' -- Francesca Bignami, The George Washington University, US'This Handbook provides an impressively comprehensive analysis of the EU's approach to migration, displacement and mobility. Featuring contributions from senior and emerging scholars alike, it is a must-read book for anyone keen to understand the historical and contemporary intricacies of this complex area of law and policy.' -- Jane McAdam, University of New South Wales, Australia
Details ISBN1035352346 Author Philippe De Bruycker Pages 542 Publisher Edward Elgar Publishing Ltd Series Research Handbooks in European Law series Year 2024 ISBN-10 1035352346 ISBN-13 9781035352340 Format Paperback Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom Edited by Philippe De Bruycker Audience Professional & Vocational DEWEY 342.2408 Publication Date 2024-10-08 UK Release Date 2024-10-08 We've got this
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