European Migration Law, 2nd edition (hardback)

This book provides an overview of the state of EU migration law in 2014. It explores the meaning of EU legislation on migration in the light of fundamental rights and principles of Union law as explained in leading case-law of the European courts. It is especially aimed at students, but may likewise be useful for practitioners, policy makers or others interested in the legal foundations of migration in Europe.


Author(s):
Pieter Boeles, Maarten den Heijer, Gerrie Lodder, Kees Wouters
Series:
Ius Communitatis
Volume:
3
book | published | 2nd edition
September 2014 | xxii + 458 pp.

Hardback
€95.-


ISBN 9781780681559


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Details

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This book provides an overview of the state of EU migration law in 2014. It explores the meaning of EU legislation on migration in the light of fundamental rights and principles of Union law as explained in leading case-law of the European courts. It is especially aimed at students, but may likewise be useful for practitioners, policy makers or others interested in the legal foundations of migration in Europe.

Today’s Union law contains a comprehensive and almost all-encompassing migration law system. It governs both voluntary and forced migration. It controls entry, residence and return. It covers both Union citizens and third-country nationals. Though there are fields not affected by Union law and left to the Member States, the overall picture drawn by the existing EU instruments is fairly complete.

The book purports to present as lucidly as possible, in one framework, the different regimes as they pertain to the free movement of Union citizens, the association agreement with Turkey, the migration of third country nationals for reasons of work, study, family reunification and asylum, the regulation of movement of third country nationals to, from and within the Schengen area, and instruments to control migration.

This second edition is written by the same authors who wrote the first edition. Pieter Boeles, Emeritus Professor of Migration law at the University of Leiden, is now Visiting Professor at VU University Amsterdam; Maarten den Heijer is Assistant Professor of International Law at the Amsterdam Center for International Law (University of Amsterdam); Gerrie Lodder is Senior Lecturer in Immigration Law at the University of Leiden and Kees Wouters is Senior Refugee Law adviser at the Division of International Protection of UNHCR in Geneva.

On the first edition
‘This volume has proved to be an excellent resource in our efforts to understand the evolution of immigration law and policy in Europe, particularly with respect to the region's emerging detention regimes and its increasingly restrictive response to migration pressures.’
Michael Flynn, Lead Researcher, Global Detention Project, Geneva, Switzerland

‘[…] an accessible and useful reference work.’
E.C.H.J van der Linden in Journaal Vreemdelingrecht 2010 (69)

‘European Migration Law is to be recommended to anyone involved with migration law: this book does not only offer a first introduction, but also valuable insights to all who already have studied European migration law in more detail.’
Hemme Battjes in Asiel & Migrantenrecht 2010 (217)

‘[...] one hopes that this book will be widely used in academic teaching as well as in practice.’
Kay Hailbronner in CMLR 2010 (582)

‘[...]a lucid and often thought-provoking survey of the European legal regime. [...]much to reflect upon. [...]a welcome addition to the literature on the subject.’
James Gillespie in Journal of Immigration, Asylum and Nationality Law 2010 (207)

‘[…] an excellent resource for anyone wanting a systematic and accessible introduction to this subject. [..] A book such as this will be a particularly valuable textbook resource for those increasing numbers of such courses covering both immigration and refugee issues at the European level, and might encourage more law faculties across the EU to include such courses in their undergraduate and postgraduate degree programmes. It will also be a very useful legal resource for students of migration studies from other disciplines wanting an introduction to the vital legal dimension to their studies at the European level.’
Helen Toner in HRLR 2010 (581)

‘[…] the book is highly suitable for students, scholars and practitioners generally interested in European developments and seeking a comprehensive introduction into the area of European migration law.’
Anja Wiesbrock in Maastricht Journal of European and Comparative Law 2010 (314)

Chapters

Table of Contents (p. 0)

PART I. INTRODUCTION

1. INTRODUCTION (p. 1)

PART II. VOLUNTARY MIGRATION

2. FREE MOVEMENT OF EU CITIZENS AND MEMBERS OF THEIR FAMILY (p. 47)

3. RESIDENCE RIGHTS OF TURKISH NATIONALS UNDER THE ASSOCIATION AGREEMENT (p. 97)

4. MOVEMENT AND RESIDENCE RIGHTS OF THIRD-COUNTRY NATIONALS (p. 127)

5. FAMILY REUNIFICATION AND PROTECTION OF SETTLED MIGRANTS UNDER ARTICLE 8 ECHR (p. 199)

PART III. FORCED MIGRATION

6. THE COMMON EU ASYLUM SYSTEM (p. 241)

7. REFUGEE PROTECTION (p. 293)

8. SUBSIDIARY PROTECTION (p. 341)

PART IV. ENFORCEMENT AND PROCEDURAL PROTECTION

9. EXTERNAL BORDER CONTROLS, VISAS AND EXPULSION MEASURES (p. 373)

10. PROCEDURAL GUARANTEES FOR MIGRATING INDIVIDUALS (p. 411)

List of Cases (p. 439)

Index (p. 449)

About the authors (p. 455)

About the series:

Ius Communitatis

The series Ius Communitatis – Textbooks on European Union Law de lege lata focuses on various aspects of European Union Law.

The volumes cover the most important topics in the ‘Europeanisation’ of law. For practitioners – solicitors and barristers, corporate lawyers, judges or lawyers in state authorities or ministries – who do not wish to turn a blind eye to European law, the series provides a reliable treatment with sufficiently detailed references to the important problems. The volumes provide practitioners with all they need on the EC level, and moreover give comparative law and legal policy insight. As a series, they give an overview of those areas most affected by European law. Likewise, they provide advanced students with material for excellent examination results. Each volume is written by an authoritative expert in the field. The remaining volumes will follow in 2008 and 2009. All the books in the Ius Communitatis-Series focus on Community regulations as experienced in daily practice. Each volume covers the entire field of law in a distinctive and comprehensive way.

The series is published under the editorial supervision of Prof. Dr. Dr. Stefan Grundmann LL.M. (Humboldt-Universität zu Berlin, Germany), the co-founder of the Society of European Contract Law (SECOLA).

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