Immigration and Asylum Law and Policy in Europe – serie

Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.

This volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq’s invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.

A central element of contemporary border regimes is their application to migrants before they reach a state's territory. The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea. This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain. It examines the international law framework, including the law of the sea and the extraterritorial application of principles of non-refoulement contained in the Refugee Convention and in international human rights law. The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.

Migration on the Move examines the dynamics of migration and asylum law over the past two decades and highlights profound changes that have taken place in these fields as a result of growing EU competences to deal with migration and asylum questions. The book maps the transformation of the migration field by focusing on three interrelated issues: the effects of Europeanization and the shifting power relations that it implies; placing Europe’s laws and policies in a global migration context, and critically examining to whom ‘project’ Europe belongs. The contributors offer a multidisciplinary analysis of key aspects of the migration and refugee crisis and their implications for policies, principles of law, and the treatment of people in Europe today.

This collective volume draws on the themes of intersectionality and overlapping policy universes to examine and evaluate the shifting functions, frames and multiple actors and instruments of an ongoing and revitalized cooperation in EU external migration and asylum policies with third states. The contributions are based on problem-driven research and seek to develop bottom-up, policy-oriented solutions, while taking into account global, EU-based and local perspectives, and the shifting universes of EU migration, border and asylum policies. In 15 chapters, we explore the multifaceted dimensions of the EU external migration policy and its evolution in the post-crisis, geopolitical environment of the Global Compacts.

Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.

This collective volume examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for. EU citizenship can neither be accurately described as a citizenship status similar to national citizenship, nor as an immigration one. The book examines the tension at the heart of attempts to grasp the nature of EU citizenship as supranational status in relation to family reunification, social rights and expulsion. It shows that while events such as Brexit stress the importance of EU citizenship, the construction of supranational citizenship along the axis of non-discrimination and equality remains a work in progress that requires the efforts of all actors involved - institutions, implementing authorities, courts and citizens.

Over the past two decades, EU Member States have regularly complained about the perceived abuse of EU law via marriages of convenience, allegedly contracted between mobile EU citizens and third-country nationals. During the pre-Brexit years, the UK had been voicing particularly strong concerns about the issue, which ultimately resulted in regulatory changes both at the EU and national level.In this book, Aleksandra Ancite-Jepifánova pursues two interrelated aims. First, she evaluates the compatibility of EU-level measures addressing marriages of convenience with EU free movement law by focusing on the Citizenship Directive. Second, she examines the regulation of the issue in UK law in so far as it concerns the residence rights of EU citizens and their family members, both pre-and post-Brexit.

Migrants coming to and moving within Europe typically experience inadequate recognition of their professional qualifications and wrongful discrimination. This book describes and critically assesses international, European and EU laws and policies governing migrant integration in Europe, with a particular focus on those concerning the recognition of migrants' skills. It argues that at least certain parts of EU law require clarification, restatement and even reform. The book formulates practical proposals to improve the governance of migrant integration in Europe, making it more coherent, effective and fair.