European Parliament Library

Whose freedom, security and justice?, EU immigration and asylum law and policy, edited by Anneliese Baldaccini, Elspeth Guild, Helen Toner

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?
Table Of 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
Literary Form
non fiction
1st ed.
Includes index
Physical Description
1 online resource (582 p.)
Specific Material Designation
Form Of Item

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