Overview

This insightful book thoroughly examines how the EU's return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals. Set against the background of the classic doctrine on the 'autonomy of EU law' and the EU's objective to 'develop international law', Tamás Molnár depicts a legally sound and elaborate picture of the EU’s return acquis vis-à-vis international law, both internally and externally. From the perspective of the EU legal order, it offers important insights into this field from both a constitutional perspective and from the point of view of the substantive area of migration law. Chapters provide in-depth analysis of the EU's return-related legislative developments reflecting international law and the expanding return-related jurisprudence of the EU Court of Justice. Bridging the gap between EU and international law, which both have unique characteristics and are often studied in different spheres, this book will appeal to academics and practising lawyers dealing with the expulsion of migrants in irregular situations. It will also be a useful read for law scholars, practitioners and postgraduate students who wish to further their understanding of the interactions between these two legal orders.

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9781839105227

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Reviews

'In times when return and readmission policies shape public and policy discourse in the area of migration management both within the EU but also internationally, this book could not be more timely. It is an important milestone in the study of the EU and international law relating to return of irregular migrants, masterfully elucidating not only the interaction between the two legal regimes but also the way the EU can exercise its normative power in this important domain.' -- Sergo Mananashvili, Senior Advisor, Migration Dialogues and Cooperation, ICMPD 'Analysing interactions between EU and international law in the specific field related to return of migrants, this book reveals intriguing dynamics. As a unique contribution to legal scholarship, it explores how the EU Return Directive has been inspired by international law; whereas, CJEU case-law has prioritized autonomy of EU law. Yet, attempting to shape international law, the EU engaged with UN and regional standard-setting processes on returns. Dr. Molnar convincingly demonstrates: the EU seeks to influence international law from which it claims autonomy and which the Union is constitutionally committed to respect.' -- Izabella Majcher, European Council on Refugees and Exiles

'Analysing interactions between EU and international law in the specific field related to return of migrants, this book reveals intriguing dynamics. As a unique contribution to legal scholarship, it explores how the EU Return Directive has been inspired by international law; whereas, CJEU case-law has prioritized autonomy of EU law. Yet, attempting to shape international law, the EU engaged with UN and regional standard-setting processes on returns. Dr. Molnar convincingly demonstrates: the EU seeks to influence international law from which it claims autonomy and which the Union is constitutionally committed to respect.' -- Izabella Majcher, European Council on Refugees and Exiles

Author Information

Tamás Molnár, Legal Research Officer, European Union Agency for Fundamental Rights and Lecturer, Corvinus University of Budapest, Hungary

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