Overview

The book assesses the EU Returns Directive against international human rights norms and standards. Izabella Majcher explores protection gaps in the EU return policy and highlights how the provisions of the Directive should be implemented in line with member states' human rights obligations. Informed by this assessment, the book discusses draft amendments to the Directive, proposed by the European Commission in September 2018.

Full Product Details

Author:   Izabella Majcher
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   45
Weight:   1.415kg
ISBN:  

9789004360525

ISBN 10:   9004360522
Pages:   830
Publication Date:   21 November 2019
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Acknowledgements Abbreviations and Country Codes Part 1 Introduction 1 The Returns Directive against the Background of International and EU Human Rights Law: Setting the Scene 1.1 The Returns Directive 1.1.1 Presentation of the Returns Directive 1.1.2 Instruments Required for the Implementation of the Returns Directive 1.1.3 The Returns Directive within the EU Asylum and Immigration Policy 1.2 Sources of the Human Rights Protection in the Context of Expulsion 1.2.1 International Human Rights Law 1.2.2 EU Human Rights Law 1.3 The Need for a Human Rights Assessment of the Returns Directive in the Context of the Recast Process Part 2 Return Decision Introduction: The Scheme of Return under EU Law 2 Human Rights Impediments to Return 2.1 Introduction 2.2 The Principle of Non-Refoulement 2.2.1 The Scope of the Principle of Non-Refoulement 2.2.2 Implementation of the Principle of Non-Refoulement 2.3 Family and Private Life 2.3.1 The Scope of the Concepts of Family and Private Life 2.3.2 The Implementation of the Right to Respect for Family and Private Life 2.4 Conclusion 3 Procedural Safeguards 3.1 Introduction 3.2 Prohibition of Collective Expulsion 3.3 The Right to Be Heard Prior to Adoption of the Return Decision 3.4 Effective Remedy 3.4.1 Accessibility of Remedy 3.4.2 Effectiveness of Remedy 3.5 Additional Child-Specific Safeguards 3.5.1 The Right to Be Heard 3.5.2 The Guardianship Assistance for Unaccompanied Children 3.6 Conclusion 4 Social Rights Pending Return 4.1 Introduction 4.2 Health Care 4.3 Education 4.4 Adequate Standard of Living 4.4.1 Basic Conditions of Subsistence Addressed in the Preamble of the Directive 4.4.2 Can Destitution Entail a Duty to Regularise? 4.5 Conclusion Conclusion: Legal Limbo for Non-Deportable People Part 3 Re-Entry Ban Introduction: Entry Ban as Pan-European Effect of Return Decision 5 Entry Ban in the Light of the Principle of Proportionality 5.1 Introduction 5.2 The Nature of Entry Ban 5.3 The Schengen-Wide Character of Entry Ban 5.4 Conclusion 6 Human Rights Impediments to Entry Ban 6.1 Introduction 6.2 The Principle of Non-Refoulement 6.2.1 Endorsement of the Principle of Non-Refoulement in Relation to Entry Ban 6.2.2 Implementation of the Principle of Non-Refoulement in Relation to Entry Ban 6.3 Family and Private Life 6.4 Conclusion 7 Protection of Personal Data Stored in a SIS Alert 7.1 Introduction 7.2 The Right to Data Protection 7.2.1 The Right to Information 7.2.2 The Right of Access 7.2.3 The Right to Correction and Deletion of Data 7.2.4 The Right to a Remedy 7.3 The Right to Private Life 7.4 Conclusion Conclusion: Schengen-Wide Entry Ban: a Triple Peine? Part 4 Pre-Removal Detention Introduction: Immigration Detention in the Light of the Prohibition of Arbitrary Detention 8 Permissibility of Detention 8.1 Introduction 8.2 Lawfulness of Detention 8.2.1 Procedural Requirements: the Rights of the Defence 8.2.2 Substantive Requirements: the Grounds for Detention 8.3 Necessity and Proportionality of Detention 8.3.1 Alternatives to Detention 8.3.2 The Rule of Non-Detention of Children 8.4 Length of Detention 8.4.1 The Maximum Permissible Duration of Detention 8.4.2 Risk of Re-Detention upon the Expiry of the Permissible Length of Detention 8.5 Detention at the Border: Out of the Directive's Safeguards? 8.6 Conclusion 9 Procedural Safeguards 9.1 Introduction 9.2 Review of Detention 9.2.1 Accessibility of Review 9.2.2 Effectiveness of Review 9.3 Compensation for Unlawful Detention 9.4 Conclusion 10 Conditions of Detention 10.1 Introduction 10.2 Place of Detention and Separation of Different Categories of Detainees 10.3 Treatment in Detention and Material Conditions 10.4 Specific Categories of Detainees 10.4.1 Children 10.4.2 Other Vulnerable Persons 10.5 Contact with the Outside World and Independent Monitoring 10.6 Complaint Mechanisms and Effective Investigation 10.7 Conclusion Conclusion: Externalisation of Immigration Detention Part 5 Enforcement of Return Introduction: Enforcement of the Return Decision as the Final Stage of the Return Process 11 Mandatory ( Voluntary ) Return 11.1 Introduction 11.2 Voluntary Departure Period 11.3 Assisted Voluntary Return Programmes and Ambiguous Role of the IOM 11.4 Conclusion 12 Forcible Return 12.1 Introduction 12.2 Removal 12.2.1 Returnee's Medical Condition 12.2.2 The Use of Force and Means of Restraint 12.2.3 Deportation Personnel 12.2.4 Independent Monitoring 12.2.5 Complaint Mechanisms and Effective Investigation 12.3 Joint Removal Operations 12.3.1 Joint Removal Flights under the Council Decision 2004/573 12.3.2 Joint Return Operations Coordinated by Frontex 12.4 Conclusion 13 Removal to a Transit Country Based on Readmission Agreements 13.1 Introduction 13.2 Indirect Refoulement 13.2.1 The Concept of Safe Third Country 13.2.2 Removal to a Transit Country under the Returns Directive 13.3 Collective Expulsion 13.4 Conclusion Conclusion: Post-Return Monitoring: a Missing Element Part 6 Conclusion 14 The Returns Directive: Effectiveness of Return vs. Human Rights Protection 14.1 Critical Overview of the EU Return Process 14.2 Return Procedures against the Backdrop of International and EU Human Rights Law 14.2.1 Risks to Human Rights Protection 14.2.2 Upholding Human Rights Protection 14.3 Way Forward 14.3.1 The Recast of the Returns Directive 14.3.2 The Implementation in line with States' Human Rights Obligations Annexes Annex 1 Ratifications of International Instruments: United Nations Annex 2 Ratifications of International Instruments: Council of Europe Annex 3 Reservations Annex 4 Domestic Legislation Transposing the Returns Directive Annex 5 Return Decisions 2012-2018 Annex 6 Entry Bans 2009-2013 Annex 7 Entry Bans in 2013 Annex 8 Detention Orders in 2013 Annex 9 Maximum Length of Detention Prior to and after the Transposition of the Directive Annex 10 Removals 2012-2018 Annex 11 Voluntary Returns (Numbers and Percentage) 2014-2017 Annex 12 Assisted Returns (Numbers and Percentage) 2014-2017 Annex 13 Forcible Returns (Numbers and Percentage) 2014-2017 Annex 14 Frontex's Return Operations 2006-2017 Bibliography Index

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Author Information

Izabella Majcher, Ph.D. (Graduate Institute of International and Development Studies, Geneva, 2017), is a researcher at the Global Detention Project and visitor to immigration detainees in Geneva with the Ligue Suisse des Droits de l'Homme. She has published widely on the EU returns policy and has experience in various international fora (UN system, diplomatic representations, and NGOs).

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