Overview

This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation. Featuring contributions from key legal specialists in EU migration and asylum law, chapters in this Research Handbook consider a variety of issues including, but not limited to, the role of the institutional framework, visas, borders, family and labour migration, refugee protection, mobility, solidarity, and externalisation. It also offers an examination of the effect of the migration ‘crisis’ on EU asylum and migration law and the potential legal changes this may cause, as well as a survey of the developments of the New Pact on Migration and Asylum presented by the European Commission in 2020. Topical and comprehensive, the Research Handbook on EU Migration and Asylum Law is a must read for students and academics interested in EU law, human rights, migration, and refugee law and politics. Its insights will also help to inform the work of practitioners and policy makers, and other experts in the areas of migration, asylum, EU law, and EU integration.

Full Product Details

Author:   Evangelia Tsourdi ,  Philippe De Bruycker
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781786439628

ISBN 10:   178643962
Pages:   542
Publication Date:   13 December 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Contents: 1 The evolving EU asylum and migration law 1 Evangelia (Lilian) Tsourdi and Philippe De Bruycker PART I CROSS-CUTTING THEMES 2 Institutional and constitutional framework 57 Daniel Thym 3 Effective judicial protection of migrants and refugees? The role of Europe’s supranational courts in protecting and generating rights 79 Minos Mouzourakis and Cathryn Costello 4 Freedom of movement of EU citizens and mobility rights of third-country nationals: where EU free movement and migration policies intersect or disconnect? 98 Iris Goldner Lang 5 Digitalising the EU migration and asylum policy: a case study on information systems 114 Niovi Vavoula PART II ASYLUM 6 International refugee law and EU asylum law: accordance and influence 141 Paul McDonough and Tamara Tubakovic 7 Qualifying for international protection in the EU 168 Boldizsár Nagy 8 Asylum decision‑making, gender and sexuality 194 Thomas Spijkerboer 9 Reception conditions for asylum seekers: inherent duality 204 Lieneke Slingenberg 10 Vulnerable persons in EU asylum legislation: central feature or necessity on the outskirts? 225 Lyra Jakuleviciene 11 Asylum procedures: seeking coherence within disparate standards 243 Jens Vedsted-Hansen 12 Responsibility allocation in the Common European Asylum System 263 Francesco Maiani 13 The informalisation of the external dimension of EU asylum policy: the hard implications of soft law 282 Violeta Moreno-Lax PART III LEGAL MIGRATION 14 Directive 2003/86 on the Right to Family Reunification: a surprising anchor in a sensitive field 306 Kees Groenendijk and Tineke Strik 15 Migration for labour purposes: the EU’s piecemeal approach 328 Steve Peers 16 Non-discrimination and the challenge of integration 343 Moritz Jesse 17 The external dimension of the EU migration policy: the legal framing of building partnerships with third countries 366 Paula García Andrade PART IV THE FIGHT AGAINST IRREGULAR MIGRATION 18 The EU visa policy: to deter and to facilitate 391 Elspeth Guild and Maja Grundler 19 The management of the European Union’s external borders 408 Melanie Fink and Jorrit J. Rijpma 20 EU Return Directive: a cause for shame or an unexpectedly protective framework? 436 Madalina Moraru 21 Criminalisation, containment and courts: a call for cross-fertilisation between the social sciences and legal-doctrinal research into immigration detention in Europe 456 Galina Cornelisse 22 Victimmigration: when smuggling becomes trafficking 472 Conny Rijken 23 EU readmission policy: a (shapeshifter) technical toolkit or challenge to rights compliance? 487 Tamás Molnár Index

Reviews

'This Research Handbook, by a group of prominent legal scholars, affords a cutting-edge and sophisticated analysis of EU migration and asylum law. The individual contributions are framed by an elegant introductory chapter, which traces the historical evolution of migration and asylum law, maps out the legislative, administrative, and external aspects of the law, and sketches future prospects. This volume is essential reading for anyone seeking to understand today's highly charged policy and legal debates on migration and asylum in the EU.' -- Francesca Bignami, The George Washington University, US 'This Handbook provides an impressively comprehensive analysis of the EU's approach to migration, displacement and mobility. Featuring contributions from senior and emerging scholars alike, it is a must-read book for anyone keen to understand the historical and contemporary intricacies of this complex area of law and policy.' -- Jane McAdam, University of New South Wales, Australia

Author Information

Edited by Evangelia (Lilian) Tsourdi, Assistant Professor and Dutch Research Council grantee (NWO VENI and NWO Hestia), Faculty of Law and Maastricht Centre for European Law, Maastricht University, the Netherlands and Philippe De Bruycker, Professor, Jean Monnet Chair and Coordinator of the Academic Network for Legal Studies on Immigration and Asylum in Europe, Faculty of Law, Université libre de Bruxelles, Belgium

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