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Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis: Legality, Rule of Law and Fundamental Rights Reconsidered

Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis: Legality, Rule of Law and Fundamental Rights Reconsidered

Author: Sergio Carrera; Juan Santos Vara; Tineke Strik
Publisher: Edward Elgar Publishing
ISBN: 9781788972475
Published In: June 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This discerning book examines EU migration and asylum polices in times of crisis by assessing old and new patterns of cooperation in EU migration management policies in the scope of third-country cooperation. The case studies explored reveal that there has been a clear tendency and strategy to move away from or go outside the decision making rules and institutional principles enshrined in the Lisbon Treaty to advance third country cooperation on migration management. It explores the implications of and effects of the adoption of extra-Treaty instruments and patterns of cooperation in the light of EU rule of law and fundamental rights principles and standards. The book, examines the ways in which `the politics of migration crisis' and their patterns of cooperation and legal/policy outcomes evidenced since 2015 affect and might even undermine EU's legitimacy in these policy areas. Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis will be a key resource for academics and students focussing on EU Law and migration more specifically. Timely and engaging, it will also appeal to policy- makers, legal practitioners and international organisation representatives alike.

1. The external dimensions of EU migration policies in times of crisis Sergio Carrera, Juan Santos Vara and Tineke Strik PART I EU EXTERNAL MIGRATION POLICIES: NEW AND OLD DYNAMICS 2. Soft international agreements on migration cooperation with third countries: a challenge to democratic and judicial controls in the EU Juan Santos Vara 3. EU external competences on migration: which role for mixed agreements? Paula Garcia Andrade 4. Migration deals and responsibility sharing: can the two go together? Tineke Strik 5. Non-refoulement at risk? Asylum's disconnection mechanisms in recent EU practice Javier A. Gonzalez Vega 6. Transformation or continuity? EU external migration policy in the aftermath of the migration crisis Natasja Reslow 7. Hyper-legalisation and de-legalisation in the AFSJ: on contradictions in EU external migration law Elaine Fahey PART II EU CRISIS-LED PATTERNS OF COOPERATION IN LIGHT OF EU RULE OF LAW 8. The EU's readmission policy: of agreements and arrangements Katharina Eisele 9. The EU-Turkey deal. Reversing `Lisbonisation' in EU migration and asylum policies Sergio Carrera, Leonhard den Hertog and Marco Stefan 10. The EU-Turkey Statement: legal nature and compatibility with EU institutional law Andrea Ott and Mauro Gatti 11. Insights from agreements on migration between the EU and Turkey? Kees Groenendijk 12. The EU-Jordan Compact in a Trade Law Context: Preferential Access to the EU Market to `Keep Refugees in the Region' Marion Panizzon 13. Mobility partnerships: a tool for the externalisation of EU migration policy? A comparative study of Morocco and Cape Verde.

14. Ghana and EU migration policy: studying an African response to the EU's externalisation agenda Ilke Adam and Florian Trauner 15. The EU and the migration crisis: reinforcing a security based approach to migration? Arantza Gomez Arana and Scarlett McArdle 16. Extraterritorial immigration control, preventive justice and the rule of law in turbulent times: Lessons from the Anti-Smuggling Crusade Valsamis Mitsilegas Index