Precedents And Judicial Politics In Eu Immigration Law PDF Download
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| Author | : Marie De Somer |
| Publisher | : Springer |
| Total Pages | : 361 |
| Release | : 2018-07-27 |
| Genre | : Political Science |
| ISBN | : 3319939823 |
Download Precedents and Judicial Politics in EU Immigration Law Book in PDF, ePub and Kindle
This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court’s rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.
| Author | : Mark Dawson |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 389 |
| Release | : 2024-03-14 |
| Genre | : Law |
| ISBN | : 1035313510 |
Download Revisiting Judicial Politics in the European Union Book in PDF, ePub and Kindle
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
| Author | : Loïc Azoulai |
| Publisher | : Oxford University Press |
| Total Pages | : 257 |
| Release | : 2014-03 |
| Genre | : Law |
| ISBN | : 019870853X |
Download Migration and EU Law and Policy Book in PDF, ePub and Kindle
This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.
| Author | : Loïc Azoulai |
| Publisher | : OUP Oxford |
| Total Pages | : 240 |
| Release | : 2014-03-20 |
| Genre | : Law |
| ISBN | : 0191018139 |
Download EU Migration Law Book in PDF, ePub and Kindle
Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.
| Author | : Madalina Moraru |
| Publisher | : |
| Total Pages | : 510 |
| Release | : 2020 |
| Genre | : Asylum, Right of |
| ISBN | : 9781509922987 |
Download Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union Book in PDF, ePub and Kindle
"This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law"--
| Author | : Stephen H. Legomsky |
| Publisher | : |
| Total Pages | : 392 |
| Release | : 1987 |
| Genre | : Law |
| ISBN | : |
Download Immigration and the Judiciary Book in PDF, ePub and Kindle
In this unique comparative study, Legomsky explores the roles of the American and British courts in immigration cases. He persuasively argues that, in remarkably similar ways, the two sets of courts have deviated from general principles of public law when confronted with immigration cases and offers both legal and political explanations for this pattern. Intended not only for those interested specifically in immigration, this book also holds new insights for anyone concerned with public or comparative law, judicial sociology, or the interaction of law and politics.
| Author | : Rachael Dickson |
| Publisher | : Routledge |
| Total Pages | : 240 |
| Release | : 2022-04-28 |
| Genre | : Law |
| ISBN | : 1000570703 |
Download Migration Law, Policy and Human Rights Book in PDF, ePub and Kindle
Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a ‘home.’ Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU’s pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.
| Author | : Daniel Thym |
| Publisher | : Oxford University Press |
| Total Pages | : 721 |
| Release | : 2023-05-16 |
| Genre | : Law |
| ISBN | : 0192646729 |
Download European Migration Law Book in PDF, ePub and Kindle
This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.
| Author | : Madalina Moraru |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 516 |
| Release | : 2020-08-06 |
| Genre | : Law |
| ISBN | : 1509922962 |
Download Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union Book in PDF, ePub and Kindle
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
| Author | : Markus W. Gehring |
| Publisher | : Cambridge University Press |
| Total Pages | : 439 |
| Release | : 2020-09-24 |
| Genre | : Law |
| ISBN | : 1108848982 |
Download Europe's Second Constitution Book in PDF, ePub and Kindle
The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.
