Overview

"Europe is currently experiencing a ""refugee crisis"", demonstrated by millions of displaced people unseen since World War II. This book examines the interface between the EU's response to irregular flows, in particular the main extraterritorial border and migration controls taken by the Member States, and the rights asylum seekers acquire from EU law. ""Remote control"" techniques, such as the imposition of visas, fines on carriers transporting unsatisfactorily documented third-country nationals, and interception at sea are investigated in detail in a bid to assess the impact these measures have on access to asylum in the EU. The book also thoroughly analyses the rights recognised by the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-refoulement, the right to leave any country including one's own, the right to asylum, and the right to remedies and 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, most importantly, how these rights (should) limit the scope of such measures and the ways in which they are implemented. The ultimate goal is to conclude whether the current series of extraterritorial mechanisms of pre-entry vetting is compatible in EU law with the EU rights of forced migrants."

Full Product Details

Author:   Violeta Moreno-Lax (Queen Mary University of London)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.80cm , Height: 4.20cm , Length: 24.00cm
Weight:   1.098kg
ISBN:  

9780198701002

ISBN 10:   0198701004
Pages:   620
Publication Date:   14 September 2017
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

1: Introduction: EU Pre-border Controls and Protection Seeker Flows Part I. The EU System of Pre-Border Control and its Implications for Access to International Protection in Europe 2: Chronology and Conceptualisation of 'Integrated Border Management': The 'Embodied Border' Paradigm 3: The Schengen Borders Code: Securitised Admission Criteria as the Centrepiece of 'Integrated Border Management' - Instilling Ambiguity 4: Common Visa Policy: Bordering from Abroad - Applying Admission Criteria before Departure 5: Carrier Sanctions and ILOs : Anticipated Enforcement of Visa Requirements through 'Imperfect Delegation' - Diverting Flows, Entrenching Unsafety 6: Frontex: Joint Maritime Interdiction of Undifferentiated Flows - Operationalising 'Pre-emptive Controls' Part II. The Rights of Protection Seekers under EU Law and their Implications for Pre-Border Controls 7: The Fundamental Rights Acquis: An 'Integrated Approach' to Interpretation - The 'Aggregate Standards' Model 8: EU Non-Refoulement: (The Irrelevance of) Territory and Pre-Border Controls 9: The Right to Asylum: An Individual Entitlement to (Access) International Protection 10: Remedies and Procedural Guarantees (and the Unavoidability of Access to Territory) Conclusions: Taking EU Refugee Rights Seriously

Reviews

This book is well written and meticulous, offering brilliant insights into the human rights aspects of the EU's legal regulation of refugee flows. * Tawhida Ahmed, City Law School * This text is a must-read for any scholar, student, or advocate seeking to understand the complexities surrounding asylum and extraterritorial border controls under EU law. * Dr Brid Ni Ghrainne, University of Sheffield * This book will be useful to all those interested in EU asylum law and, in particular, its relationship with the EU's legislation on border management and the combined effect that these two areas of EU law have on the effective realization of the right of refugees to seek asylum. While there is plenty of literature on each of these two separate, but related, areas of EU law, this is the first book to explore their interaction. * Maria-Teresa Gil-Bazo, European Journal of International Law * Violeta Moreno-Lax contributes to the multidisciplinary debate on asylum and refugees by offering a deeper insight into the right to asylum, and particularly into the relationship between the right to receive protection and the mechanisms of border control. * Daniela Irrera, Journal of Common Market Studies * Moreno-Lax shows that it is perfectly possible to construct international and European law in such a manner as to argue that the generalized extraterritorial border control as implemented by European countries at this moment is in violation of international human rights and refugee law. This evidently requires an original and particular interpretation of law. Moreno-Lax convincingly argues that the currently dominant interpretation which denies her conclusion is flawed and internally inconsistent on many levels. The systematic and sustained way in which she does so is an achievement. * Thomas Spijkerboer, European Law Review *

An original and authoritative analysis of the human rights challenges arising from the intersection between refugee and borders law. * Valsamis Mitsilegas, Professor of European Criminal Law, Queen Mary University of London * Dr. Moreno-Lax offers a conceptually clear and sharply critical analysis of the prevalence of border security considerations over human rights guarantees and institutions in the present European asylum policy. * Francois Crepeau, Hans & Tamar Oppenhemier Professor in Public International Law, McGill University * This book is mandatory reading for all academics and policy makers engaged with asylum issues. It provides a coherent and cogent argument in favour of international protection for those fearing persecution and torture. * Elspeth Guild, Professor of Law, Radboud University * Researchers, practitioners and policy makers will find that this book, with its wealth of research references, provides convincing arguments in favour of human rights-based solutions to a range of almost intractable problems generated by the current refugee crisis. * Elizabeth Taylor & Phillip Taylor MBE, Richmond Green Chambers *

This book is mandatory reading for all academics and policy makers engaged with asylum issues. It provides a coherent and cogent argument in favour of international protection for those fearing persecution and torture. Elspeth Guild, Professor of Law, Radboud University Dr. Moreno-Lax offers a conceptually clear and sharply critical analysis of the prevalence of border security considerations over human rights guarantees and institutions in the present European asylum policy. Francois Crepeau, Hans & Tamar Oppenhemier Professor in Public International Law, McGill University An original and authoritative analysis of the human rights challenges arising from the intersection between refugee and borders law. Valsamis Mitsilegas, Professor of European Criminal Law, Queen Mary University of London

Author Information

Dr. Violeta Moreno-Lax is Senior lecturer in Law, Founding Director of the Immigration Law programme, and inaugural co-Director and co-founder of the Centre for European and International Legal Affairs at Queen Mary University of London. She is also a Visiting Professor at the College of Europe, a Fellow of the Centre of European Law of King's College London, EU Asylum Law Coordinator at the Refugee Law Initiative of the University of London, Co-Chair of The Refugee Law Observatory, Co-convener of the Society of Legal Scholars (SLS) Migration Law Section, and member of the Steering Committee of the Migration Law Network. Before Queen Mary, she was a Lecturer in Law at the Universities of Liverpool and Oxford. She held visiting positions at the Universities of Macquarie and New South Wales, Oxford, Nijmegen, and The Hague Academy of International Law (Research Session 2010). She has published widely in the areas of international and European refugee and migration law.

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