Whose Freedom, Security and Justice?
Eu Immigration and Asylum Law and Policy
1st Edition
Published on 28. June 2007
582 pages
978-1-84731-366-9 (ISBN)
Description
This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality.
Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?
Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?
More details
Series
Edition
1. Auflage
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
ISBN-13
978-1-84731-366-9 (9781847313669)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Anneliese Baldaccini | Elspeth Guild | Helen Toner
Whose Freedom, Security and Justice?
EU Immigration and Asylum Law and Policy
Book
06/2007
Hart Publishing
€237.70
Shipment within 15-20 days
Persons
Anneliese Baldaccini is a Committee Specialist for the House of Lords European Union Committee.
Elspeth Guild is Professor of European Immigration Law at the University of Nijmegen, Netherlands, and also a partner at the London law firm Kingsley Napley.
Helen Toner is an Associate Professor in the School of Law, University of Warwick.
Elspeth Guild is Professor of European Immigration Law at the University of Nijmegen, Netherlands, and also a partner at the London law firm Kingsley Napley.
Helen Toner is an Associate Professor in the School of Law, University of Warwick.
Content
From Amsterdam and Tampere to The Hague: An Overview of Five Years of EC Immigration and Asylum Law
ANNELIESE BALDACCINI AND HELEN TONER
Part I Constitutional Issues in EU Migration Law
1 Citizens Without a Constitution, Borders Without a State: EU Free Movement of Persons
ELSPETH GUILD
2 Effective Remedies in Immigration and Asylum Law Procedures: A Matter of General Principles of EU Law
EVELIEN BROUWER
3 The Jurisdiction of the Court of Justice Over EC Immigration and Asylum Law: Time For a Change?
STEVE PEERS
4 Impact Assessments: A Useful Tool for 'Better Lawmaking' in EU Migration Policy?
HELEN TONER
Part II Access to Asylum and Refugee Protection
5 The Asylum Procedures Directive in Legal Context: Equivocal Standards Meet General Principles
CATHRYN COSTELLO
6 Directive 2003/9 on Reception Conditions of Asylum Seekers: Ensuring 'Mere Subsistence' or a 'Dignified Standard of Living'?
JOHN HANDOLL
7 Refugee Status and Subsidiary Protection under EC Law: The Qualification Directive and the Right to Be Granted Asylum
MARÍA-TERESA GIL-BAZO
8 From Dublin Convention to Dublin Regulation: A Progressive Move?
ANDREW NICOL
9 The External Dimension of the EU's Asylum and Immigration Policies: Old Concerns and New Approaches
ANNELIESE BALDACCINI
Part III Borders and the Enforcement of Migration Control
10 The Criminalisation of Migration in EU Law and Policy
RYSZARD CHOLEWINSKI
11 Building a Community Return Policy With Third Countries: An Equal Partnership?
CATHERINE PHUONG
12 Border Security in the European Union: Towards Centralised Controls and Maximum Surveillance
VALSAMIS MITSILEGAS
13 Immigration Detention and the Common European Asylum Policy
DAN WILSHERE
Part IV Managing Legal Migration
14 The Long-Term Residents Directive, Denizenship and Integration
KEES GROENENDIJK
15 The Family Reunification Directive: A Tool Preserving Member State Interest or Conducive to Family Unity?
HELEN OOSTEROM-STAPLES
16 The European Union and Labour Migration: Regulating Admission or Treatment?
BERNARD RYAN
17 Citizenship and the Expanding European Union: The Rights of New EU Nationals
NICOLAS ROLLASON
ANNELIESE BALDACCINI AND HELEN TONER
Part I Constitutional Issues in EU Migration Law
1 Citizens Without a Constitution, Borders Without a State: EU Free Movement of Persons
ELSPETH GUILD
2 Effective Remedies in Immigration and Asylum Law Procedures: A Matter of General Principles of EU Law
EVELIEN BROUWER
3 The Jurisdiction of the Court of Justice Over EC Immigration and Asylum Law: Time For a Change?
STEVE PEERS
4 Impact Assessments: A Useful Tool for 'Better Lawmaking' in EU Migration Policy?
HELEN TONER
Part II Access to Asylum and Refugee Protection
5 The Asylum Procedures Directive in Legal Context: Equivocal Standards Meet General Principles
CATHRYN COSTELLO
6 Directive 2003/9 on Reception Conditions of Asylum Seekers: Ensuring 'Mere Subsistence' or a 'Dignified Standard of Living'?
JOHN HANDOLL
7 Refugee Status and Subsidiary Protection under EC Law: The Qualification Directive and the Right to Be Granted Asylum
MARÍA-TERESA GIL-BAZO
8 From Dublin Convention to Dublin Regulation: A Progressive Move?
ANDREW NICOL
9 The External Dimension of the EU's Asylum and Immigration Policies: Old Concerns and New Approaches
ANNELIESE BALDACCINI
Part III Borders and the Enforcement of Migration Control
10 The Criminalisation of Migration in EU Law and Policy
RYSZARD CHOLEWINSKI
11 Building a Community Return Policy With Third Countries: An Equal Partnership?
CATHERINE PHUONG
12 Border Security in the European Union: Towards Centralised Controls and Maximum Surveillance
VALSAMIS MITSILEGAS
13 Immigration Detention and the Common European Asylum Policy
DAN WILSHERE
Part IV Managing Legal Migration
14 The Long-Term Residents Directive, Denizenship and Integration
KEES GROENENDIJK
15 The Family Reunification Directive: A Tool Preserving Member State Interest or Conducive to Family Unity?
HELEN OOSTEROM-STAPLES
16 The European Union and Labour Migration: Regulating Admission or Treatment?
BERNARD RYAN
17 Citizenship and the Expanding European Union: The Rights of New EU Nationals
NICOLAS ROLLASON
