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

European Union Law › Human Rights

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

By Izabella Majcher
Brill Nijhoff November 2019

Specifications

ISBN-13
9789004360525
Publisher
Brill Nijhoff
Publication
November 2019
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

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.

Table of Contents

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
Protection of Personal Data Stored in a Sis Alert
Conclusion: Schengen-Wide Entry Ban: a Triple Peine?
Pre-Removal Detention
Introduction: Immigration Detention in the Light of the Prohibition of Arbitrary Detention
Permissibility of Detention
Procedural Safeguards
Conditions of Detention
Conclusion: Externalisation of Immigration Detention
Enforcement of Return
Introduction: Enforcement of the Return Decision as the Final Stage of the Return Process
Mandatory (“Voluntary”) Return
Forcible Return
Removal to a Transit Country Based on Readmission Agreements
Conclusion: Post-Return Monitoring: a Missing Element
Conclusion
The Returns Directive: Effectiveness of Return vs. Human Rights Protection
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