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The Human Rights of Migrants in European Law

The Human Rights of Migrants in European Law

Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 9780199644742
Published In: December 2016
Format: Hardback , 350 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first scholarly analysis of EU and ECHR migration and refugee law that includes the post-Amsterdam legislative measures and the Court of Justice's key post-Amsterdam rulings and corresponding Strasbourg case law
Provides insight into the role of the Court of Justice of the European Union and the European Court of Human Rights as generators of migrant rights, aiding understanding of their positions and interactions with each other
Integrates doctrinal, empirical, and theoretical material on social membership, global justice, and the construction of 'illegality' in migration law into the EU context
Develops an innovative theory of human rights adjudication under the complex and overlapping systems of the EU and the ECHR

Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law.

Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law.

Readership: Scholars and students of human rights law, international migration, and refugee law.

1: Destination Europe: Telos and Chora
2: Constructive Human Rights Pluralism
3: Constructing Legal and Illegal Migration
4: Labour Migration
5: Family Migration
6: Protection from Removal
7: Allocation of Responsibility for Asylum Claims
8: The Punitive Turn: Detention of Migrants
9: Conclusions: Future Directions

Dr Cathryn Costello, B.C.L., (N.U.I., Cork), LL.M. (Bruges), B.L. (Honorable Society of King's Inns), DPhil (Oxon) has been a Fellow and Tutor in EU and Public Law at Worcester College, Oxford since 2003. Previously, she was Lecturer in European Law at the Law School, Trinity College Dublin, and Director of the Irish Centre for European Law. She has written extensively on many areas of EU and ECHR law, in particular immigration and asylum. She has also assisted a number of NGOs in the immigration and asylum fields, including the Irish Refugee Council, the Immigrant Council of Ireland, and the Immigration Law Practitioners' Association. She has also undertaken research on human rights and refugee law for the European Parliament, the Council of Europe's Parliamentary Assembly and the UNHCR.