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Whose Freedom, Security and Justice? EU Immigration and Asylum Law and Policy


ISBN13: 9781841136844
Published: June 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £160.00



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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?

Subjects:
EU Law, Immigration, Asylum, Refugee and Nationality Law
Contents:
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

Series: Essays in European Law

50 Years of the European Treaties: Looking Back and Thinking Forward ISBN 9781841138329
Published February 2009
Hart Publishing
£74.99
50 Years of the European Treaties: Looking Back and Thinking Forward (eBook) ISBN 9781847317223
Published February 2009
Hart Publishing
£67.49
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EU Foreign Relations Law: Constitutional Fundamentals ISBN 9781841137575
Published July 2008
Hart Publishing
£80.00
Sovereignty in Transition: Essays in European Law
Edited by: Neil Walker
ISBN 9781841135649
Published October 2006
Hart Publishing
£59.99
Sovereignty in Transition: Essays in European Law (eBook)
Edited by: Neil Walker
ISBN 9781847316967
Published October 2006
Hart Publishing
£53.99
(ePub)
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Law and New Governance in the EU and the US ISBN 9781841135434
Published April 2006
Hart Publishing
£80.00
Social Wefare and EU Law ISBN 9781841134901
Published July 2005
Hart Publishing
£85.00
£95.00
Disability Rights in Europe: From Theory to Practice ISBN 9781841134864
Published May 2005
Hart Publishing
£80.00
Law and Governance in an Enlarged European Union ISBN 9781841134260
Published November 2004
Hart Publishing
£100.00
£120.00
EU Enlargement: A Legal Approach ISBN 9781841133768
Published July 2004
Hart Publishing
£95.00
The EU Charter of Fundamental Rights ISBN 9781841134499
Published April 2004
Hart Publishing
Out of print
The Treaty of Nice and Beyond: Enlargement and Constitutional Reform ISBN 9781841133393
Published November 2003
Hart Publishing
£140.00