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Migrants' Rights, Populism and Legal Resilience in Europe

Migrants' Rights, Populism and Legal Resilience in Europe

Author: Vladislava Stoyanova; Stijn Smet
Publisher: Cambridge University Press
ISBN: 9781316510711
Published In: May 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Bringing together scholars of migration and constitutional law, this volume analyses the problematic relationship between the rise of populism, restrictions of migrants' rights and democratic decay in Europe. By offering both constructive and critical accounts, it creates a nuanced debate on the possibilities for and limitations of legal resilience against populist erosion of migrants' rights. Crucially, it does not merely diagnose the causes of restrictions of migrants' rights, but also proposes how the law might be used as a solution. In this volume, the law is considered as both a source of resilience and part of the problem at three distinct levels: the legal-theoretical, the European, and the national level. It is a major contribution to the literature on migrants' rights, offering a nuanced account of how legal resilience might be used to safeguard migrants' rights against further erosion in populist times.

Introduction: Migrants' Rights, Populism and Legal Resilience in Europe

Stijn Smet and Vladislava Stoyanova

Part I. Theoretical and Critical Perspectives on Resilience:

1. Populism, Immigration and Liberal Democracies: Inherent Instability or Tilting of the Balance?

Vladislava Stoyanova

2. On Population Design. Using Migration Law to Dismantle Constitutional Democratic Institutions

Patricia Mindus

3. Viciously Circular: Will Ageing Lock the European Union Into Immigrant Exclusion?

Gregor Noll

Part II: Resilience at the European Level:

4. Coloniality and Recent European Migration Case Law

Thomas Spijkerboer

5. Migration as a Constitutional Crisis for the European Union

Alezini Loxa and Vladislava Stoyanova

6. Possibilities and Limits of European Union Action against Democratic Backsliding and Decline of Migrants' Rights in Member States

Jan Wouters and Maaike De Ridder

7. The Loss of Face for Everyone Concerned: EU Rule of Law in the Context of the 'Migration Crisis'

Barbara Grabowska-Moroz and Dimitry Kochenov

Part III. Resilience at the National Level: Case Studies:

8. In the Hands of a Populist Authoritarian: The Agony of the Hungarian Asylum System and the Possible Ways of Recovery

Kriszta Kovács and Boldizsár Nagy

9. 'Good Change' and the Migration Policy in Poland. In a Trap of Democracy

Barbara Mikołajczyk and Mariusz Jagielski

10. Criminalising Migrants and Securitising Borders: the Italian 'No Way' Model in the Age of Populism

Stefano Zirulia and Giuseppe Martinico

11. The Restriction of Refugee Rights During the ÖVP-FPÖ Coalition 2018-2019 in Austria: Consequences, Legacy and Potential for Future Resilience against Populism

Margit Ammer and Lando Kirchmair

12. Right-Wing Populism, Crumbling Migrants Rights and Strategies of Resistance in Belgium

Ellen Desmet and Stijn Smet

13. A Stable Yet Fragile System? Legal Resilience against Rights Erosion in Current Swedish Migration Policy

Rebecca Thorburn Stern and Anna-Sara Lind

14. 'Populism? It's Administrative Law, Stupid!' How Administrative Law Subverts Legal Resilience'

Bas Schotel

Index