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The European Union Returns Directive and its Compatibility with International Human Rights Law: Analysis of Return Decision, Entry Ban, Detention, and Removal

The European Union Returns Directive and its Compatibility with International Human Rights Law: Analysis of Return Decision, Entry Ban, Detention, and Removal

Author: Izabella Majcher
Publisher: Brill Nijhoff
ISBN: 9789004360525
Published In: November 2019
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

RM1,910.41

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Description
Contents

Details

The book undertakes a throughout human rights assessment of the EU Returns Directive. The overarching human rights framework which circumscribes states’ prerogatives in the context of expulsion builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion.

Based on the assessment of the Directive against this human rights framework, Izabella Majcher discusses several protection gaps in the Directive’s provisions which may result in violations of migrants’ rights and highlights how the Directive’s rules should be implemented to comply with member states’ human rights obligations. Informed by this assessment, the book discusses draft amendments to the Directive, proposed by the European Commission in September 2018.

Introduction

The Returns Directive against the Background of International and EU Human Rights Law: Setting the Scene

The Return Decision

Introduction: The Scheme of Return under EU Law

Human Rights Impediments to Return

Procedural Safeguards

Social Rights Pending Return

Conclusion: Legal Limbo for Non-Deportable People

Re-Entry Ban

Introduction: Entry Ban as Pan-European Effect of Return Decision

Entry Ban in the Light of the Principle of Proportionality

Human Rights Impediments to Entry Ban