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| Author | : Roberta Mungianu |
| Publisher | : Cambridge University Press |
| Total Pages | : 275 |
| Release | : 2016-08-18 |
| Genre | : Law |
| ISBN | : 1107133572 |
This book investigates the international responsibility of the EU in relation to the activities of the Frontex Border Agency.
| Author | : Roberta Mungianu |
| Publisher | : Cambridge University Press |
| Total Pages | : 275 |
| Release | : 2016-08-18 |
| Genre | : Law |
| ISBN | : 1316790827 |
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.
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| Total Pages | : 263 |
| Release | : 2014 |
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| Author | : Melanie Fink |
| Publisher | : Oxford Studies in European Law |
| Total Pages | : 417 |
| Release | : 2019-02-19 |
| Genre | : Law |
| ISBN | : 0198835450 |
This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.
| Author | : Bernhard Ryan |
| Publisher | : BRILL |
| Total Pages | : 460 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 9004172335 |
This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.
| Author | : Eman Hamdan |
| Publisher | : BRILL |
| Total Pages | : 414 |
| Release | : 2016-05-23 |
| Genre | : Law |
| ISBN | : 9004319395 |
In this study, Eman Hamdan examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture, with the aim to determine which of those Conventions affords better protection for international protection seekers. Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations. The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case. This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.
| Author | : Violeta Moreno Lax |
| Publisher | : Oxford Studies in European Law |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 9780198701002 |
Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.
| Author | : Sergio Carrera |
| Publisher | : BRILL |
| Total Pages | : 417 |
| Release | : 2018-12-10 |
| Genre | : Law |
| ISBN | : 9004354239 |
This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.
| Author | : Lisa Heschl |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : Exterritoriality |
| ISBN | : 9781780686141 |
In times of the proclaimed 'refugee crisis' this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.
