Legal Mobilization for Migrant Rights
Opportunities and Barriers at the European Court of Justice
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 10 June 2025
- ISBN 9780198942979
- Binding Hardback
- No. of pages288 pages
- Size 244x164x20 mm
- Weight 634 g
- Language English 594
Categories
Short description:
Combining empirical and doctrinal methods, Legal Mobilization for Migrant Rights uses migration as a central case study to show that, under certain conditions, EU litigation can be used to defend powerless groups.
MoreLong description:
The European Court of Justice plays a key role in the interpretation and enforcement of EU law. Yet, we still know little about the conditions under which cases arrive at the Court via preliminary reference and why they are so unevenly distributed across the EU Member States. Previous studies have shown how the legal elites played a central role in feeding the Court with cases to increase their power and influence. Legal Mobilization for Migrant Rights tells a different story. Focusing on the migration domain, this book shows that EU litigation can also be used to defend powerless groups.
To explore the conditions under which EU legal mobilization for migrants emerges, the author compares three countries where EU migration law was mobilized before the European Court of Justice (Italy, the UK, and the Netherlands) and one where it was not (Greece). Combining empirical and doctrinal methods, this volume draws on interviews with key stakeholders and an original database of 505 migration preliminary references. Rather than focusing only on courts, Legal Mobilization for Migrant Rights sheds light on the role of lawyers, academics, and civil society in activating EU justice to oppose restrictive national migration policies. Crucially, the book ultimately reveals that EU legal mobilization struggles to emerge in some contexts due to a lack of resources and limited awareness of EU legal opportunities, which stand as significant obstacles to justice and migrant rights enforcement.
Table of Contents:
Legal Mobilization, Resistance, and Contestation through EU Law
Italy Mobilizing EU Justice against Crimmigration
The UK: Mobilizing EU Citizenship to Protect Third-country Nationals
The Netherlands: Mobilizing EU Justice for a Different Form of Integration
Greece: The Zero-Reference Case
Conclusion: Opportunities and Barriers to the Mobilization of EU Migration Law
Table of preliminary references per country and EU legal basis (1981-2022).
List of preliminary references per country and EU migration norm (1981-2022).
