Implementing Amsterdam: Immigration and Asylum Rights in EC Law

Until the Amsterdam Treaty,law and policymaking in the field of immigration remained a national function, though in practice there was much co-operation (the so-called Third Pillar). Now these powers have been transferred to the European Community as First Pillar powers. Only Denmark, Ireland and the UK have opted out. This book looks at the likely effects of this substantial transfer of powers to the Community. How will the powers and responsibilities be divided? How should the powers be exercised? Will there be input from the public into policymaking? What role will Parliaments play? Will migrants suffer? The foremost scholars from many European countries try to answer these and other questions, offering a variety of legal and social viewpoints. Contributors: Pieter Boeles (Amsterdam and Leiden), Antje Weiner (Hannover), Cristina Gortazar (Madrid), Guy Goodwin-Gill (Oxford), Nicholas Blake QC (London), Johannes van der Klaauw (UNHCR Brussels), Jens Vedsted Hansen (Aahus), Elspeth Guild (Nijmegen and London), Kees Groenendijk (Nijmegen), Gisbert Brinkmann (Bonn), John Crowley (CERI, Paris), Deirdre Curtin (Utrecht), Roger Errera (Paris), Steve Peers (Essex), Carol Harlow (LSE), Gregor Noll (Lund).

Table of Contents:
Introduction: Freedom, Security and Justice for All Pieter Boeles 1. Differential Free Movement and the Sociology of the “Internal Border” John Crowley 2. The Developing Right of Citizen Access to Information on Asylum and Immigration Decision-Making Deirdre M. Curtin 3. Primary Immigration: The Great Myths Elspeth Guild 4 The Dublin Convention and Rights of Asylum Seekers in the European Union Nicholas Blake 5. Abolishing Border Controls: Individual Rights and Common Control of EU External Borders Cristina Gortazar 6. The Individual Refugee, the 1951 Convention and the Treaty of Amsterdam Guy S. Goodwin-Gill 7. Towards a Common Asylum Procedure Johannes van der Klaauw 8. Temporary Protection and Burden Sharing: Conditionalising Access Suspending Refugee Rights? Gregor Noll and Jens Vedsted-Hansen 9. Security of Residence and Access to Free Movement for Settled Third Country Nationals under Community Law Kees Groenendijk 10. Family Reunion, Third Country Nationals and the Community’s New Powers Gisbert Brinkmann 11. Deference or Defiance? The Court of Justice’s Jurisdiction over Immigration and Asylum Elspeth Guild and Steve Peers 12. Aliens, Workers, Citizens or Humans? Models for Community Immigration Law Steve Peers

About the Author :
Elspeth Guild is Professor of European Migration Law at the University of Nijmegen. is Reader in Law at University College London Carol Harlow KC, is Professor of Public Law at the LSE.

Review :
Implementing Amsterdam is an excellent reminder of the discrepancy between what human rights should be and actual practice in the European Community. Anyone interested in immigration and asylum rights, or human rights in general, should read this book for its examination of the policy implications of the Amsterdam Treaty. Guild and Harlow's collection of essays is clearly a welcome addition to the literature. The book is wide-ranging, comprehensive and very informative. Taking the collection as a whole, its strengths are considerable. One of its main strengths is the breadth of coverage Another important strength is the unravelling of the contradictions and dilemmas underpinning the European policy on migration and asylum. without doubt a well-conceived project which should become a valuable source of reference to all scholars and advanced students working in this field.