The Human Rights of Migrants and Refugees in European Law

Inbunden, Engelska, 2015

Del i serien Oxford Studies in European Law

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Beskrivning

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?

Produktinformation

Utgivningsdatum:2015-12-24
Mått:157 x 236 x 28 mm
Vikt:763 g
Format:Inbunden
Språk:Engelska
Serie:Oxford Studies in European Law
Antal sidor:400
Förlag:OUP OXFORD
ISBN:9780199644742
Utmärkelser:Joint winner of the 2016 Odysseus Network Best Publication Prize

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Mer om författaren

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.

Recensioner i media

[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.

Innehållsförteckning

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