The Human Rights of Migrants and Refugees in European Law
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 December 2015
- ISBN 9780199644742
- Binding Hardback
- No. of pages400 pages
- Size 240x174x28 mm
- Weight 756 g
- Language English 0
Categories
Short description:
A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
MoreLong description:
Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law.
Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?
[A] reliable and accessible source on the status and development of European migration law both for legal practice and for educational purposes. ... this book will stimulate lawyers, judges, students and their teachers to critically rethink their rooted ideas or practices.
Table of Contents:
Introduction: Destination Europe
The Human Rights of Migrants and Refugees in a Pluralist Setting
Constructing Legal and Illegal Migration
The Human Right to Family Life and Family Migration
Defining Protection: Refugeehood, Non-refoulement, and Human Rights
Access to Territory and Protection
Immigration Detention
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