Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
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Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union: (Modern Studies in European Law)

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union: (Modern Studies in European Law)


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About the Book

Table of 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 PART 1 STAGES OF THE EU RETURN PROCEDURE: THE ROLE OF JUDGES IN ENSURING AN EFFECTIVE IMPLEMENTATION OF THE RETURN DIRECTIVE Edited by Madalina Moraru 1. The Scope of the Return Directive: How Much Space is Left for National Procedural Law on Irregular Migration Galina Cornelisse 2. Return Decisions and Domestic Judicial Practices: Is Spain Different? Cristina Gortazar Rotaeche 3. Voluntary Departure as a Priority: Challenges and Best Practices Ulrike Brandl 4. The Legal Requirements of the Entry Ban: The Role of National Courts and Dialogue with the Court of Justice of the European Union Aniel Pahladsingh 5. Judicial Dialogue in Action: Making Sense of the Risk of Absconding in the Return Procedure Madalina Moraru 6. Cypriot Courts, the Return Directive and Fundamental Rights: Challenges and Failures Corina Demetriou and Nicos Trimikliniotis PART 2 IMMIGRATION DETENTION IN THE EU: THE ROLE OF JUDGES IN SHAPING EFFECTIVE STANDARDS OF CONTROL Edited by Galina Cornelisse 7. Alternatives to Immigration Detention in International and EU Law:Control Standards and Judicial Interaction in a Heterarchy Evangelia (Lilian) Tsourdi 8. Scope and Intensity of Judicial Review: Which Power for Judges within the Control of Immigration Detention? Adam Blisa and David Kosar 9. The Civil Judge as Administrator of Return Detention: The Case of Germany Jonas Bornemann and Harald Dorig 10. The Administrative Judge as a Detention Judge: The Case of Lithuania Irmantas Jarukaitis and Agne Kalinauskaite 11. Detention of Migrants in Belgium and the Criminal Judge: A Lewis Carroll World Sylvie Sarolea 12. 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 13. Can a Justice of the Peace be a Good Detention Judge? The Case of Italy Alessia Di Pascale 14. 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 PART 3 RIGHTS AND SAFEGUARDS IN THE APPLICATION OF THE RETURN DIRECTIVE: THE ROLE OF JUDGES IN SAFEGUARDING PROCEDURAL AND FUNDAMENTAL RIGHTS PROTECTION Edited by Madalina Moraru and Galina Cornelisse 15. The Right to be Heard: The Underestimated Condition for Effective Returns and Human Rights Consideration Valeria Ilareva 16. 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 17. A Lawyer's Perspective on Access to Classified Evidence in Return Cases: A View from Poland Jacek Bialas 18. The Return of the Children Carolus Grutters 19. Unremovability under the Return Directive: An Empty Protection? Jean-Baptiste Farcy 20. The Prohibition of Collective Expulsion as an Individualisation Requirement Luc Leboeuf and Jean-Yves Carlier

About the Author :
Madalina Moraru is Fellow at the Faculty of Law, Masaryk University in Brno and Centre for Judicial Cooperation at the European University Institute. Galina Cornelisse is Associate Professor EU Law and Public International Law at VU, Amsterdam. Philippe De Bruycker is Professor of Law at the Institute for European Studies, Law Faculty, Universite libre de Bruxelles.

Review :
This is a valuable book that will be essential reading for anyone concerned with the treatment of irregular migration and irregular migrants by the EU, its court, its member states and their courts … a welcome addition to the respective literatures on judicial dialogue and on EU migration law and policy. It may also usefully serve as a template for future surveys of other important pieces of EU legislation. Given its extremely insightful, thorough and documented analyses, the volume will certainly become an indispensable point of reference for anyone following European migration policies and will secure a deserved and long-lasting place on bookshelves. The book fulfils its ambitious promises: it is a high-quality and lasting contribution to the study of both EU law and migration law. Scholars of EU law will find, documented in great detail, a case study on the inner workings, benefits and pitfalls of judicial dialogue – one that could be replicated with profit in many other areas. Students and practitioners of migration law will benefit from a detailed, comprehensive, multilevel account of a key piece of legislation.


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Product Details
  • ISBN-13: 9781509922963
  • Publisher: Bloomsbury Publishing PLC
  • Binding: Digital (delivered electronically)
  • No of Pages: 528
  • ISBN-10: 1509922962
  • Publisher Date: 06 Aug 2020
  • Language: English
  • Series Title: Modern Studies in European Law

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