The Human Rights of Migrants and Refugees in European Law
Published on 24. December 2015
Book
Hardback
400 pages
978-0-19-964474-2 (ISBN)
Description
Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law.
Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?
Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?
Reviews / Votes
[A] reliable and accessible source on the status and development of European migration law both for legal practice and for educational purposes. ... this book will stimulate lawyers, judges, students and their teachers to critically rethink their rooted ideas or practices. * Kees Groenendijk, Common Market Law Review * At a time when Europe is faced with a mass influx of migrants trying to reach its territory, The Human Rights of Migrants and Refugees in European Law appears as a well-timed and important contribution underlining the tensions between human rights, refugee protection and the sovereign prerogatives of states to control access to their territories. ... It is definitely a well-written and interesting contribution, illustrated by various concrete examples of case law from the courts, which can be of great use for students, scholars and practitioners alike interested in the protection of migrants' rights within the EU. * Laura Letourneau-Tremblay, Israel Law Review * [T]his book is truly an outstanding contribution to the field of European migration and asylum law. * Sarah Singer, Border Criminlogies * To write a monograph on migrants and refugees in Europe is challenging enough. To write it as the continent was facing the largest influx of forcibly displaced persons since the end of the Second World War and yet to still produce a classic study that is timeless in its thematic analysis reflects the insight and authority of the author ... Professor Costello's work should be read by all lawyers, practitioners, and policymakers working in the areas of international refugee law, international human rights law, and European law. * Geoff Gilbert, International Journal of Refugee Law * This book is an invaluable resource for all scholars, practitioners and students of EU human rights, asylum and migration law. The incredibly detailed exposition of the thematic areas included therein provides an essential point of reference for teachers, students and researchers alike. ... Recently awarded the Odysseus Network Best Publication Prize, this book is truly an outstanding contribution to the field of European migration and asylum law. * Sarah Singer, Border Criminologies * This book provides an excellent examination of the current state and the history of how Europe has arrived at the current conjunction. Costello's final thoughts provide food for thought on where the future of these systems may lie. * Elspeth Guild, The Modern Law Review * This book is a magnificent achievement bringing together outstanding scholarship and great humanity to a subject of enormous political controversy. One of the most important achievements of the second half of the 20th century has been the establishment of inalienable rights to which everyone is entitled not only citizens of the state. While all states must respect these rights they cannot carve out parts of humanity to exclude from the scope. Costello examines exactly what this means for migrants and refugees who all too often are on the receiving end of state coercion. This book is mandatory reading for all scholars, students and members of the public who are interested in migration and the rights of refugees. * Elspeth Guild, Jean Monnet Professor ad personam, Queen Mary, University of London * Professor Cathryn Costello grapples with three complex spheres of law - migration, human rights, and European Union and brings them into conversation with one another. Her lucid and compelling analysis illuminates the state of the jurisprudence, the rapid evolution of the European legal order, and the underlying normative tensions at play. This book could not be more timely, and Professor Costello eloquently demonstrates how Europes legal response to migration and refugee challenges go to the heart of what Europe is and aspires to be. This is an important book. * Audrey Macklin, Professor and Chair in Human Rights Law, University of Toronto * This is an important and timely contribution to the difficult topic of the asylum and immigration law in Europe. Its scope - ranging across European and international law - enables Costello to shed new light on how human rights law responds to challenges relating to migration control and migration status. * Jo Shaw, Salvesen Chair of European Institutions, University of Edinburgh * This book is a treasure trove of insights and ideas. It provides a critical, lucid and panoramic account of the evolving EU migration and asylum policy. Dr Costello unravels the complex interaction of overlapping human rights legal orders in this policy area and develops a thought-provoking pluralist approach. It is a very valuable source of authoritative analysis for scholars, students and practitioners. * Dora Kostakopoulou, Professor of European Union Law, European Integration and Public Policy, Warwick Law School *More details
Other editions
Additional editions
Cathryn Costello
The Human Rights of Migrants and Refugees in European Law
E-Book
12/2015
1st Edition
OUP eBook
€70.99
Available for download
Cathryn Costello
The Human Rights of Migrants and Refugees in European Law
E-Book
12/2015
1st Edition
OUP eBook
€70.99
Available for download
Person
Cathryn Costello holds the Andrew W. Mellon Associate Professorship in International Human Rights and Refugee Law, at the Refugee Studies Centre, Oxford, with a fellowship at St Antony's College. From 2003-2013, she was Francis Reynolds Fellow & Tutor in EU & Public law at Worcester College, Oxford, during which time she also completed her DPhil studies on EU asylum and immigration law. She has taught a range of public and EU law courses on the Oxford undergraduate and postgraduate curriculum. She began her academic career in 1998 as Lecturer in European Law at the Law School, Trinity College Dublin, and from 2000-2003, she also held the position of Director of the Irish Centre for European Law.
Cathryn has published widely on many aspects of EU and human rights law, including asylum and refugee law, immigration, EU Citizenship and third country national family members, family reunification, and immigration detention.
Cathryn has published widely on many aspects of EU and human rights law, including asylum and refugee law, immigration, EU Citizenship and third country national family members, family reunification, and immigration detention.
Content
1. Introduction: Destination Europe ; 2. The Human Rights of Migrants and Refugees in a Pluralist Setting ; 3. Constructing Legal and Illegal Migration ; 4. The Human Right to Family Life and Family Migration ; 5. Defining Protection: Refugeehood, Non-refoulement, and Human Rights ; 6. Access to Territory and Protection ; 7. Immigration Detention