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Law and judicial dialogue on the return of irregular migrants from the European Union

Title
Law and judicial dialogue on the return of irregular migrants from the European Union / edited by Madalina Moraru, Galina Cornelisse and Philippe De Bruycker.
ISBN
9781509922956
1509922954
9781509922963
Publication
Oxford ; New York : Hart, 2020.
Physical Description
xiii, 510 pages ; 24 cm.
Summary
"This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law"-- Provided by publisher.
Other formats
Online version: Law and judicial dialogue on the return of irregular migrants from the European Union Oxford ; New York : Hart, 2020.
Format
Books
Language
English
Added to Catalog
October 14, 2020
Series
Modern studies in European law ; volume 99.
Bibliography
Includes bibliographical references and index.
Contents
Prologue : The Genesis of the EU's Return Policy / Fabian Lutz
Introduction : Judicial Dialogue on the Return Directive : Catalyst for Changing Migration Governance? / Galina Cornelisse and Madalina Moraru
The Scope of the Return Directive : How Much Space is Left for National Procedural Law on Irregular Migration? / Galina Cornelisse
Return Decisions and Domestic Judicial Practices : Is Spain Different? /
Cristina Gortázar Rotaeche
Voluntary Departure as a Priority : Challenges and Best Practices / Ulrike Brandl
The Legal Requirements of the Entry Ban : Th e Role of National Courts
and Dialogue with the Court of Justice of the European Union / Aniel Pahladsingh
Judicial Dialogue in Action : Making Sense of the Risk of Absconding
in the Return Procedure / Madalina Moraru
Cypriot Courts, the Return Directive and Fundamental Rights : Challenges
and Failures / Corina Demetriou and Nicos Trimikliniotis
Alternatives to Immigration Detention in International and EU Law Control Standards and Judicial Interaction in a Heterarchy / Evangelia (Lilian) Tsourdi
Scope and Intensity of Judicial Review : Which Power for Judges within
the Control of Immigration Detention? / Adam Blisa and David Kosař
The Civil Judge as Administrator of Return Detention : The Case of Germany / Jonas Bornemann and Harald Dörig
The Administrative Judge as a Detention Judge : The Case of Lithuania /
Irmantas Jarukaitis and Agnė Kalinauskaitė
Detention of Migrants in Belgium and the Criminal Judge : A Lewis Carroll World / Sylvie Sarolea
Can the Return Directive Contribute to Protection for Rejected Asylum Seekers and Irregular Migrants in Detention? : The Case of Greece / Angeliki Papapanagiotou-Leza and Stergios Kofinis
Can a Justice of the Peace be a Good Detention Judge? : The Case of Italy / Alessia Di Pascale
Duality of Jurisdiction in the Control of Immigration Detention : The Case of France : Trois Hautes Juridictions Nationales pour une Directive : Une Interaction Judiciaire en Trompe l'oeil / Serge Slama
The Right to be Heard : The Underestimated Condition for Effective Returns and Human Rights Consideration / Valeria Ilareva
Impact of Judicial Dialogue(s) on Development and Affirmation of the Right to Effective Legal Remedy from Articles 13 and 14 of the Return Directive / Boštjan Zalar
A Lawyer's Perspective on Access to Classified Evidence in Return Cases :
A View from Poland / Jacek Białas
The Return of the Children / Carolus Grütters
Unremovability under the Return Directive : An Empty Protection? / Jean-Baptiste Farcy
The Prohibition of Collective Expulsion as an Individualisation Requirement / Luc Leboeuf and Jean-Yves Carlier.
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