Migrations- och asylrätt

Den svenska migrationsrätten är det regelverk som behandlar migration av olika slag till Sverige. Boken ger en översikt över ett rättsområde som omfattar regler på global, regional och nationell nivå. Syftet är att försöka erbjuda läsaren en förståelse för vad migrationsrätten handlar om och ge en bild av dess huvudsakliga drag. I boken beskrivs hur regelverket är utformat och fungerar. Den innehåller också en historisk tillbakablick som ger en fördjupad inblick i hur Sveriges migrationsrätt hänger samman, inte minst med EU:s regleringar.Eftersom migrationsrätten är ett rättsområde i mer eller mindre ständig förändring, inte minst på EU-nivå, ska boken också läsas som ett nedslag i hur rätten ser ut i skrivande stund (januari 2024). Ett aktuellt exempel som tas upp är det så kallade massflyktsdirektivet som aktiverades i samband med ökande flyktingströmmar från Ukraina. Ett annat exempel är ”Migrationspakten” som förhandlades fram på EU-nivå och som kommer att leda till betydande förändringar i svensk migrationsrätt de närmaste åren.Denna introduktion till migrationsrätten vänder sig till studenter inom juridik och annan akademisk grundutbildning. Även den som hanterar migrationsrättsliga frågor i sitt arbete kan ha stor nytta av bokens översiktliga och sakliga framställning.

Vem har rätt till skydd och hur ska en rättssäker asylprövning gå till? Vilka konventioner och lagar är relevanta? Hur ser det offentliga biträdets uppdrag ut och vad innefattar Migrationsverkets prövning?

I Asylrätt presenteras kortfattat de asylrättsliga och folkrättsliga förpliktelser som tillsammans med EU-gemensamma och svenska regler är basen för den prövning som ska göras när en flykting söker asyl i Sverige. Grundläggande begrepp av betydelse för prövningen behandlas och relevanta internationella konventioner presenteras och placeras i ett sammanhang. Efter en redogörelse för det gemensamma europeiska asylsystemet samt den svenska asyllagstiftningen gås asylprocessen igenom steg för steg.

Mycket har hänt på området under de senaste åren. I denna upplaga av Asylrätt finns uppdaterad information om bl.a. EU och det gemensamma asylsystemet och migrationspakten liksom ändringar i utlänningslagen och den nya lagen om särskild kontroll av vissa utlänningar.

Utlänningslagen (2005:716) behandlar rätten för utlänningar att resa in i och vistas i Sverige och rätten att arbeta och studera här. Den innehåller också bestämmelser om avvisning och utvisning och i övrigt bestämmelser som är grundläggande för utlänningars rättsliga ställning. Lagens tillämpning regleras närmare i utlänningsförordningen och i föreskrifter som meddelas av Migrationsverket.

Innehållet i den trettonde upplagan av denna lagkommentar är aktualiserat fram till den 1 oktober 2022. Efter publiceringen av den tolfte upplagan har lagen ändrats i åtskilliga avseenden. Det innebär bland annat att tidsbegränsade uppehållstillstånd numera är huvudregel och att permanent uppehållstillstånd endast kan beviljas om utlänningen har haft tidsbegränsat uppehållstillstånd i minst tre år och uppfyller vissa särskilda krav. Vidare har reglerna om arbetskraftsinvandring och utvisning på grund av brott reformerats.

Utöver utlänningslagen redovisas i lagkommentaren fyra andra lagar, bland annat den upphävda lagen (2016:752) om tillfälliga begränsningar av möjligheten att få uppehållstillstånd i Sverige (den s.k. tillfälliga lagen) och lagen (2017:353) om uppehållstillstånd för studerande på gymnasial nivå. Vidare redogörs för EU-förordningar som är direkt tillämpliga i Sverige och andra rättsakter inom migrationsrätten, bland annat skyddsgrundsdirektivet, asylprocedurdirektivet, mottagandedirektivet och återvändandedirektivet.

Migrationsöverdomstolen har alltsedan 2006 meddelat ett stort antal vägledande avgöranden i mål enligt utlänningslagen. Dessa avgöranden redovisas fram till utgången av september 2022. Vidare redovisas ett stort antal rättsfall från bland annat EU-domstolen och Europadomstolen.

When people are treated as active citizens, everything changes. Energise yourself 'An underground hit' – Best Politics Books, Financial Times 'Jon has one of the few big ideas that's easily applied' – Sam Conniff, Be More Pirate 'A wonderful guide to how to be human in the 21st Century' – Ece Temelkuran, How to Lose a Country With an introduction by Brian Eno Citizens opens up a new way of understanding ourselves and shows us what we must do to survive and thrive as individuals, organisations, and nations. Over the past decade, Jon Alexander’s consultancy, the New Citizenship Project, has helped revitalise some of Britain’s biggest organisations including the Co-op, the Guardian and the National Trust. Here, with the New York Timesbestselling writer Ariane Conrad, he shows how history is about to enter the age of the Citizen. Because when our institutions treat people as creative, empowered creatures rather than consumers, everything changes. Unleashing the power of everyone equips us to face the challenges of economic insecurity, climate crisis, public health threats, and polarisation. Citizens is an upbeat handbook, full of insights, clear examples to follow, and inspiring case studies, from the slums of Kenya to the backstreets of Birmingham – and a foreword by Brian Eno. It is the perfect pick-me-up for leaders, founders, elected officials – and citizens everywhere. An ideal companion to groundbreaking books such as Doughnut Economics and Radical Help. Organise and seize the future! Reviews 'Every great transformation requires a new story. A story that reveals new possibilities and points toward an optimistic alternative to the current situation. Citizens presents just such a story.' – Tim Brown, Chair of IDEO and author of Change By Design 'The shift from consumer to citizen is a truly big idea. If you’re in a position of strategic influence, I strongly recommend you engage with this and consciously explore what it might mean for your organisation.' – Dame Fiona Reynolds DBE, Former Director General, National Trust, and Trustee, BBC 'The belief that every single one of us has both the potential and the desire to make the world better drives me every day, in everything I do. In Citizens, Jon shows how taking that belief as a starting point really could transform our world. This is a truly powerful book, in every sense of the word.' - Josh Babarinde, Forbes 30 Under 30 Social Entrepreneur 'There is such a thing as an idea whose time has come. This is that idea.' – James Perry, Board Member, B Lab Global, and Founding Partner, Snowball Investment Management About the Authors JON ALEXANDER began his career with success in advertising, winning the prestigious Big Creative Idea of the Year before making a dramatic change. Driven by a deep need to understand the impact on society of 3,000 commercial messages a day, he gathered three Masters degrees, exploring consumerism and its alternatives from every angle. In 2014, he co-founded the New Citizenship Project to bring the resulting ideas into contact with reality. In Citizens, he is ready to share them with the world. BRIAN ENO is an artist, philosopher and Citizen who has played a critical part in British culture since the early 1970s. He is a deep believer in the power of ideas and the possibility of a better world. His latest book is What Art Does. Buy the book and start reading

Stories of non-US citizens caught in the jaws of the immigration bureaucracy and subject to indefinite detention are in the headlines daily. These men, women, and children remain almost completely without rights, unprotected by law and the Constitution, and their status as outsiders, even though many of have lived and worked in this country for years, has left them vulnerable to the most extreme forms of state power. Although the rhetoric surrounding these individuals is extreme, the US government has been locking up immigrants since the late nineteenth century, often for indefinite periods and with limited ability to challenge their confinement. Forever Prisoners offers the first broad history of immigrant detention in the United States. Elliott Young focuses on five stories, including Chinese detained off the coast of Washington in the late 1880s, an "insane" Russian-Brazilian Jew caught on a ship shuttling between New York and South America during World War I, Japanese Peruvians kidnapped and locked up in a Texas jail during World War II, a prison uprising by Mariel Cuban refugees in 1987, and a Salvadoran mother who grew up in the United States and has spent years incarcerated while fighting deportation. Young shows how foreigners have been caged not just for immigration violations, but also held in state and federal prisons for criminal offenses, in insane asylums for mental illness, as enemy aliens in INS facilities, and in refugee camps. Since the 1980s, the conflation of criminality with undocumented migrants has given rise to the most extensive system of immigrant incarceration in the nation's history. Today over half a million immigrants are caged each year, some serving indefinite terms in what has become the world's most extensive immigrant detention system. And yet, Young finds, the rate of all forms of incarceration for immigrants was as high in the early twentieth century as it is today, demonstrating a return to past carceral practices. Providing critical historical context for today's news cycle, Forever Prisoners focuses on the sites of limbo where America's immigration population have been and continue to be held.

Widely regarded as one of the most eminent legal thinkers of his time, Upendra Baxi is a leading scholar on matters relating to human rights, legal and social theory, and comparative constitutional law and theory. A set of four volumes, Law, Justice, Society: Selected Works of Upendra Baxi documents and critically engages with his thoughts and writings over four decades. The volumes are a collection of Baxi's essays and lectures centred on the major themes of his writings: human rights, constitutionalism, law and society, and legal education. Structurally, the essays in each volume are introduced by the volume editor, an expert in the field, who provides an assessment of Baxi's works over the years. Each volume informs the reader with an interview conducted between the editor and Baxi, contextualizing the latter's research and discussing the themes covered. The respective volumes essentially conserve and reflect on pedagogic and research contributions made by Baxi to the concepts of law, justice, and society.The first volume, edited by Amita Dhanda, examines Baxi's writings on the contemporary discourses on the nature of human rights. The second volume, edited by Arun Thiruvengadam, presents a selection of Upendra Baxi's works on the broad theme of constitutionalism. The third volume, edited by Kalpana Kannabiran, presents a selection of Upendra Baxi's work, illustrative of his intellectual engagements and writing over five decades, in the field of the sociology of Indian law. The fourth volume,edited by Amita Dhanda, shows how Baxi's writings reflect his vision of studying law in context and training students as soldiers of constitutional justice.

The Economics of Immigration summarizes the best social science studying the actual impact of immigration, which is found to be at odds with popular fears. Greater flows of immigration have the potential to substantially increase world income and reduce extreme poverty. Existing evidence indicates that immigration slightly enhances the wealth of natives born in destination countries while doing little to harm the job prospects or reduce the wages of most of the native-born population. Similarly, although a matter of debate, most credible scholarly estimates of the net fiscal impact of current migration find only small positive or negative impacts. Importantly, current generations of immigrants do not appear to be assimilating more slowly than prior waves. Although the range of debate on the consequences of immigration is much narrower in scholarly circles than in the general public, that does not mean that all social scientists agree on what a desirable immigration policy embodies. The second half of this book contains three chapters, each by a social scientist who is knowledgeable of the scholarship summarized in the first half of the book, which argue for very different policy immigration policies. One proposes to significantly cut current levels of immigration. Another suggests an auction market for immigration permits. The third proposes open borders. The final chapter surveys the policy opinions of other immigration experts and explores the factors that lead reasonable social scientists to disagree on matters of immigration policy.

The Economics of Immigration summarizes the best social science studying the actual impact of immigration, which is found to be at odds with popular fears. Greater flows of immigration have the potential to substantially increase world income and reduce extreme poverty. Existing evidence indicates that immigration slightly enhances the wealth of natives born in destination countries while doing little to harm the job prospects or reduce the wages of most of the native-born population. Similarly, although a matter of debate, most credible scholarly estimates of the net fiscal impact of current migration find only small positive or negative impacts. Importantly, current generations of immigrants do not appear to be assimilating more slowly than prior waves. Although the range of debate on the consequences of immigration is much narrower in scholarly circles than in the general public, that does not mean that all social scientists agree on what a desirable immigration policy embodies. The second half of this book contains three chapters, each by a social scientist who is knowledgeable of the scholarship summarized in the first half of the book, which argue for very different policy immigration policies. One proposes to significantly cut current levels of immigration. Another suggests an auction market for immigration permits. The third proposes open borders. The final chapter surveys the policy opinions of other immigration experts and explores the factors that lead reasonable social scientists to disagree on matters of immigration policy.

In The Oxford Handbook of the Politics of International Migration, leading migration experts Marc Rosenblum and Daniel Tichenor gather together 29 field specialists in an authoritative volume on the issue. Integrating the perspectives of the wide variety of fields that hold a stake in the study of migration-political science, sociology, economics, anthropology-this book presents an unprecedented interdisciplinary look at an issue that defines the modern era: the large-scale movement of people across international borders.The volume begins with three chapters analyzing the origins and causes of migration, including both source and destination states. The second section then asks: what are the consequences of migration at both ends of the migration chain? Chapters in this section consider economics, the effects of migration on parties and political participation, and social and cultural effects. A third group of chapters focuses on immigration policy. These include primers on the history and dimensions of migration policy, as well as examinations of the effects of public opinion, interest groups, and international relations on policymaking. The volume then considers aspects of the immigrant experience: segmented assimilation among Asian Americans, histories of U.S. immigrant incorporation and of race and migration, transnationalism, and gendered aspects of migration. Finally, five chapters examine contemporary issues, including transborder crime and terrorism, migration and organized labor, international regionalism, normative debates about citizenship and immigration, and the recent history of U.S. immigration policymaking.Covering the major questions and challenges related to the issue, The Oxford Handbook of the Politics of International Migration is a comprehensive resource for students, scholars, and policy experts alike.

Scholars commonly take the Declaration of the Rights of Man and Citizen of 1789, written during the French Revolution, as the starting point for the modern conception of human rights. According to the Declaration, the rights of man are held to be universal, at all times and all places. But as recent crises around migrants and refugees have made obvious, this idea, sacred as it might be among human rights advocates, is exhausted. It's long past time to reconsider the principles on which Western economic and political norms rest. This book advocates for a tradition of political universality as an alternative to the juridical universalism of the Declaration. Insurgent universality isn't based on the idea that we all share some common humanity but, rather, on the democratic excess by which people disrupt and reject an existing political and economic order. Going beyond the constitutional armor of the representative state, it brings into play a plurality of powers to which citizens have access, not through the funnel of national citizenship but in daily political practice. We can look to recent history to see various experiments in cooperative and insurgent democracy: the Indignados in Spain, the Arab Spring, Occupy, the Zapatistas in Mexico, and, going further back, the Paris Commune, the 1917 peasant revolts during the Russian Revolution, and the Haitian Revolution. This book argues that these movements belong to the common legacy of insurgent universality, which is characterized by alternative trajectories of modernity that have been repressed, hindered, and forgotten. Massimiliano Tomba examines these events to show what they could have been and what they can still be. As such he explores how their common legacy can be reactivated. Insurgent Universality analyzes the manifestos and declarations that came out of these experiments considering them as collective works of an alternative canon of political theory that challenges the great names of the Western pantheon of political thought and builds bridges between European and non-European political and social experiments.

Almost everyone has citizenship, and yet it has emerged as one of the most hotly contested issues of contemporary politics. Even as cosmopolitan elites and human rights advocates aspire to some notion of "global citizenship," populism and nativism have re-ignited the importance of national citizenship. Either way, the meaning of citizenship is changing. Citizenship once represented solidarities among individuals committed to mutual support and sacrifice, but as it is decoupled from national community on the ground, it is becoming more a badge of privilege than a marker of equality. Intense policy disagreement about whether to extend birthright citizenship to the children of unauthorized immigrants opens a window on other citizenship-related developments. At the same time that citizenship is harder to get for some, for others it is literally available for purchase. The exploding incidence of dual citizenship, meanwhile, is moving us away from a world in which states jealously demanded exclusive affiliation, to one in which individuals can construct and maintain formal multinational identities. Citizenship does not mean the same thing to everyone, nor have states approached citizenship policy in lockstep. Rather, global trends point to a new era for citizenship as an institution.In Citizenship: What Everyone Needs to Know®, legal scholar Peter J. Spiro explains citizenship through accessible terms and questions: what citizenship means, how you obtain citizenship (and how you lose it), how it has changed through history, what benefits citizenship gets you, and what obligations it extracts from you--all in comparative perspective. He addresses how citizenship status affects a person's rights and obligations, what it means to be stateless, the refugee crisis, and whether or not countries should terminate the citizenship of terrorists. He also examines alternatives to national citizenship, including sub-national and global citizenship, and the phenomenon of investor citizenship. Spiro concludes by considering whether nationalist and extremist politics will lead to a general retreat from state-based forms of association and the end of citizenship as we know it. Ultimately, Spiro provides historical and critical perspective to a concept that is a part of our everyday discourse, providing a crucial contribution to our understanding of a central organizing principle of the modern world.

Almost everyone has citizenship, and yet it has emerged as one of the most hotly contested issues of contemporary politics. Even as cosmopolitan elites and human rights advocates aspire to some notion of "global citizenship," populism and nativism have re-ignited the importance of national citizenship. Either way, the meaning of citizenship is changing. Citizenship once represented solidarities among individuals committed to mutual support and sacrifice, but as it is decoupled from national community on the ground, it is becoming more a badge of privilege than a marker of equality. Intense policy disagreement about whether to extend birthright citizenship to the children of unauthorized immigrants opens a window on other citizenship-related developments. At the same time that citizenship is harder to get for some, for others it is literally available for purchase. The exploding incidence of dual citizenship, meanwhile, is moving us away from a world in which states jealously demanded exclusive affiliation, to one in which individuals can construct and maintain formal multinational identities. Citizenship does not mean the same thing to everyone, nor have states approached citizenship policy in lockstep. Rather, global trends point to a new era for citizenship as an institution.In Citizenship: What Everyone Needs to Know®, legal scholar Peter J. Spiro explains citizenship through accessible terms and questions: what citizenship means, how you obtain citizenship (and how you lose it), how it has changed through history, what benefits citizenship gets you, and what obligations it extracts from you--all in comparative perspective. He addresses how citizenship status affects a person's rights and obligations, what it means to be stateless, the refugee crisis, and whether or not countries should terminate the citizenship of terrorists. He also examines alternatives to national citizenship, including sub-national and global citizenship, and the phenomenon of investor citizenship. Spiro concludes by considering whether nationalist and extremist politics will lead to a general retreat from state-based forms of association and the end of citizenship as we know it. Ultimately, Spiro provides historical and critical perspective to a concept that is a part of our everyday discourse, providing a crucial contribution to our understanding of a central organizing principle of the modern world.

Social tensions between majority and minority populations often center on claims that minorities are largely responsible for crime and disorder. Members of some disadvantaged groups in all developed countries, sometimes long-standing residents and other times recent immigrants, experience unwarranted disparities in their dealings with the criminal justice system. Accusations of unfair treatment by police and courts are common. The Oxford Handbook of Ethnicity, Crime, and Immigration provides comprehensive analyses of current knowledge about these and a host of related subjects. Topics include legal and illegal immigration, ethnic and race relations, and discrimination and exclusion, and their links to crime in the United States and elsewhere. Leading scholars from sociology, criminology, law, psychology, geography, and political science document and explore relations among race, ethnicity, immigration, and crime. Individual chapters provide in-depth critical overviews of key issues, controversies, and research. Contributors present the historical backdrops of their subjects, describe population characteristics, and summarize relevant data and research findings. Most articles provide synopses of racial, ethnic, immigration, and justice-related concerns and offer policy recommendations and proposals for future research. Some articles are case studies of particular problems in particular places, including juvenile incarceration, homicide, urban violence, social exclusion, and other issues disproportionately affecting disadvantaged minority groups. The Oxford Handbook of Ethnicity, Crime, and Immigration is the first major effort to examine and synthesize knowledge concerning immigration and crime, ethnicity and crime, and race and crime in one volume, and does so both for the United States and for many other countries.

From Conflict to Modern Slavery considers the lives of people after they have fled conflict and arrived in the UK. The book draws on insights from interviews with those who have experienced the UK immigration system, and observations are made about how the country's government and its restrictive and hostile immigration policies can increase the risk of modern slavery in the UK. With a broad definition of conflict as an organising concept, and which encourages understandings that go beyond war, this work contextualises these stories to understand why some people appear to be more at risk than others when escaping conflict situations. The work considers the ways in which conflict can facilitate modern slavery and how conflict limits people's agency and the legitimate options available to them. It is this restriction of agency in the face of inherently risky options, coupled with a disruption in support networks, that puts them at most risk of modern slavery. From Conflict to Modern Slavery's strength lies in its unique empirical focus on a comparison between first-hand accounts. It offers personal insights into the experiences of asylum seekers, refugees, and victims of modern slavery, and situates these within extant literature to identify specific aspects of people's journeys that can make them vulnerable to exploitation.

The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law.This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.

Migration sits at the top of the European Union's domestic and foreign policy agenda. Once a latecomer within the EU's set of competences, migration has become subject to an increasingly complex and contested set of institutional arrangements and processes, as the EU and its Member States grapple with the characterisation of irregular migration as a 'crisis'.The Governance of Migration in the European Union: Law, Politics, and the Emergence of 'Formal Informality' examines the evolution of EU migration governance, encompassing both regular and irregular forms of migration, and highlights key differences between this field and broader patterns of EU integration. Drawing on institutional and constructivist theories, the book offers a critical analysis of the growing reliance on informal tools and instruments that play an increasingly significant role in contemporary migration governance, despite falling outside traditional legal mechanisms.Paul James Cardwell explores the diversity of these informal instruments and maps their relationship with established legal tools such as regulations and directives. The book identifies the risks associated with the 'formal informality' of migration governance, including the absence of safeguards and transparency, and demonstrates how these practices threaten the EU's Treaty-based values—particularly respect for human rights and international law—as well as its commitments to democracy and good governance.Addressing from a fresh perspective an issue that has dominated the EU agenda for more than fifteen years, The Governance of Migration in the European Union is essential reading for scholars and students of EU law and politics, as well as for legal practitioners and policymakers engaged with migration governance in Europe and beyond.

In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.

Violence against Women and Regimes of Exception provides a wide-ranging examination of how migration law discriminates against women, heightening their risk of being subjected to violence and intensifying their experiences of it. Catherine Briddick identifies patterns of disadvantage, scrutinizes justifications for differential treatment, and delineates legal obligations relating to violence against women.Structured around the legal challenges that migrant women have brought to the regimes determining their status, this book reveals the devastating impact of flawed rules that increase vulnerability to violence, deny effective protection, and render victims at risk of destitution, detention, and deportation. Integrating doctrinal, empirical, and theoretical material, it explores the difference that migration status makes to an experience of violence, investigates where existing regimes fall short, and establishes how the resulting compounded disadvantage should be remedied.The analysis begins in the UK and with the European Convention on Human Rights, broadening to connect with European Union law and the Council of Europe's Trafficking and Istanbul Conventions. This approach provides valuable insights into the role and ability of national courts, the European Court of Human Rights, and the Court of Justice of the European Union to scrutinize different forms of discriminatory treatment. By bringing together distinct responses to violence experienced in the context of migration control, the book outlines a new framework for their evaluation and determines how rights and protection could better be secured.A groundbreaking work that centres the experiences of those marginalized by migration law, this is essential reading for anyone interested in the intersection of violence, gender, and migration.

The law of EU border controls is diverse and dynamic, involving multiple governance levels with distinct objectives. It addresses various 'control subjects' through a mix of soft and hard law sources.Dr Leandro Mancano evaluates how this diversity affects the constitutional compliance of EU border controls and explores the conditions necessary for the EU to remain an area without internal frontiers. By providing a comprehensive analysis of both external and internal border controls, and offering insights into the laws and practices of specific member states, this research addresses how to effectively manage or overcome the challenges posed by this heterogeneity within the EU legal framework.Ultimately, The Law of EU Border Controls: Constitutional Compliance and Conditions for an Area without Internal Frontiers highlights the impact of European integration on national sovereignty and enhances the understanding of EU border law as part of the unique EU legal system. It is an essential resource for academics and practitioners interested in migration and asylum law.

This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation.The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.

The Immigration Law Handbook has established itself as the gold standard in the field and has become an invaluable resource for immigration practitioners including Asylum and Immigration Tribunal judges, barristers, solicitors, and caseworkers working in immigration, asylum, and human rights law.In this new edition, all sections have been updated to reflect the various changes to the immigration rules since 2018, especially as a result of Brexit and the COVID-19 pandemic. Most notable is the inclusion of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 which made provision to end rights to free movement of people under EU law and to repeal other EU law relating to immigration. Three new Statutory Instruments set the transitional and saving provisions to which the Immigration (European Economic Area) Regulations 2016 are now subject. Four more new Statutory Instruments are also included: The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018 and three relating to Brexit: The Immigration (European Economic Area Nationals)(EU Exit) Order 2019; Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020; and The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020.The Immigration Rules have been subject to 22 statements of changes since the last edition, some of which are significant. This edition captures all changes in the Immigration Rules up to and including those coming into force in July 2021. The Tribunals, Courts and Enforcement Act 2007, the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum) Rules 2014 and the Tribunal Procedure (Upper Tribunal) Rules 2008 all include amendments made in response to circumstances arising as a result of the COVID-19 pandemic. The Procedure Rules and Practice Directions section has been expanded to include practice statements and brought up to date with the latest rules and guidelines. Finally, the European Materials section has been streamlined to include just the two most relevant, relating to free movement and workers' rights.Coverage of recent new legislation sits alongside existing important legislation to maintain the strengths of the handbook as a reference tool whilst providing the reader with up-to-date access to all new developments in a single volume. Useful links to online materials are provided to guide readers towards supplementary information.

At a time when the integration of the European Union's peoples through the rule of law is faltering, this book develops a critical theory of postnational constitutionalism. Today, widely held conceptions of EU law continue to mislead citizens about the nature of political identity, sovereignty, and agency. They lose sight of a critical idea on which post-nationalism depends-that constitutional self-authorship is narrative, and the polity is a subject whose identity, history, and legacy are still in formation. Absent this vision, EU law reproduces crises of legitimacy: the depoliticization of public life; emergency rule by executive decree; a collapse of solidarity; and the rise of nativist movements. The book diagnoses this impasse as the product of a problem familiar to modernity: reification--a process in which social and historical relationships are misattributed as timeless relations among things.Reification's shrinking of social dilemmas, moral principles, and political action to narrow perceptions of the present explains law's role in perpetuating crisis. But this diagnosis also points to a remedy. It suggests that to sustain the emancipatory potential of EU constitutionalism we must recover law's relationship to time. Postnational Constitutionalism: Europe and the Time of Law proposes a temporally-attuned constitutional theory with principles of anti-reification, narrative interpretation, and non-sovereign agency at its centre. These principles reimagine essential domains of constitutional order: social integration, constitutional adjudication, and constituent power. Spanning various bodies of EU jurisprudence, the book devotes particular attention to migration and asylum--struggles where questions of solidarity, law, and belonging are most generative and acute.

Few individuals have had as great an impact on the law, both its practice and its history, as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honour, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America.Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law, the judicial system, instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centres on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect". For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality - in schooling or housing, for instance - was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. DuBois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist.In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history, and a mirror to the American soul.

The irreparable injury rule, a fixture of Anglo-American law, has been the subject of much recent scholarly debate. The rule asserts that courts should not prevent a potential wrongdoer from causing harm unless the resulting damage would be `irreparable' because the victim could not be compensated monetarily for it.Drawing on an analysis of hundreds of randomly selected cases, Douglas Laycock argues that the rule is defunct since it no longer constrains courts' choice of remedy. Focusing on what courts do rather than what they say, Laycock proposes new injury rules based on actual practice and reconceives the law of remedies and the relationship between law and equity, two of the great divisions of Anglo-American civil law.

From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

More than forty years after Brown v. Board of Education put an end to the segregation of the races by law, current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty about the place and meaning of race in American culture and the role of law in guaranteeing racial equality. Moreover, all sides in those debates claim to be the true heirs to Brown, even as they disagree vehemently about its meaning. This book takes the continuing controversy about race in law and culture as an invitation to revisit Brown, and uses Brown as a lens through which to view that controversy and the issues involved in it. The essays collected here describe the contested legacy of Brown as well as the way it is implicated in America's persistent uncertainties about race. In so doing they confront crucial questions about race, law, and culture in contemporary America. Taken together, they provide a fresh look at Brown in a lively, diverse way.

American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here, either through birth or residence. The territorial premises for citizenship have worked to resolve the peculiar challenges of American identity. But globalization is detaching identity from location. What used to define American was rooted in American space. Now one can be anywhere and be an American, politically or culturally. Against that backdrop, it becomes difficult to draw the boundaries of human community in a meaningful way. Longstanding notions of democratic citizenship are becoming obsolete, even as we cling to them. Beyond Citizenship charts the trajectory of American citizenship and shows how American identity is unsustainable in the face of globalization. Peter J. Spiro describes how citizenship law once reflected and shaped the American national character. Spiro explores the histories of birthright citizenship, naturalization, dual citizenship, and how those legal regimes helped reinforce an otherwise fragile national identity. But on a shifting global landscape, citizenship status has become increasingly divorced from any sense of actual community on the ground. As the bonds of citizenship dissipate, membership in the nation-state becomes less meaningful. The rights and obligations distinctive to citizenship are now trivial. Naturalization requirements have been relaxed, dual citizenship embraced, and territorial birthright citizenship entrenched--developments that are all irreversible. Loyalties, meanwhile, are moving to transnational communities defined in many different ways: by race, ethnicity, gender, religion, age, and sexual orientation. These communities, Spiro boldly argues, are replacing bonds that once connected people to the nation-state, with profound implications for the future of governance. Learned, incisive, and sweeping in scope, Beyond Citizenship offers a provocative look at how globalization is changing the very definition of who we are and where we belong.