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Research Handbook on EU Migration and Asylum Law
This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.
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Critical Acclaim
Contributors
Contents
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This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.
Featuring contributions from key legal specialists in EU migration and asylum law, chapters in this Research Handbook consider a variety of issues including, but not limited to, the role of the institutional framework, visas, borders, family and labour migration, refugee protection, mobility, solidarity, and externalisation. It also offers an examination of the effect of the migration ‘crisis’ on EU asylum and migration law and the potential legal changes this may cause, as well as a survey of the developments of the New Pact on Migration and Asylum presented by the European Commission in 2020.
Topical and comprehensive, the Research Handbook on EU Migration and Asylum Law is a must read for students and academics interested in EU law, human rights, migration, and refugee law and politics. Its insights will also help to inform the work of practitioners and policy makers, and other experts in the areas of migration, asylum, EU law, and EU integration.
Featuring contributions from key legal specialists in EU migration and asylum law, chapters in this Research Handbook consider a variety of issues including, but not limited to, the role of the institutional framework, visas, borders, family and labour migration, refugee protection, mobility, solidarity, and externalisation. It also offers an examination of the effect of the migration ‘crisis’ on EU asylum and migration law and the potential legal changes this may cause, as well as a survey of the developments of the New Pact on Migration and Asylum presented by the European Commission in 2020.
Topical and comprehensive, the Research Handbook on EU Migration and Asylum Law is a must read for students and academics interested in EU law, human rights, migration, and refugee law and politics. Its insights will also help to inform the work of practitioners and policy makers, and other experts in the areas of migration, asylum, EU law, and EU integration.
Critical Acclaim
‘Within Europe as elsewhere, the issues of asylum and migration are deeply fraught, sparking contestations around identity, sovereignty, security, rights, soli-darity, and responsibility. The Research Handbook on EU Migration and Asylum Law is a valuable resource for readers seeking a comprehensive examination of the legal landscape informing these themes. The edited volume presents a rich set of reflections on the current legal complexities impacting the movement of people across borders in and around the European Union.’
– Catherine L. Crooke, Ethnic and Racial Studies Review
‘Migration and asylum law is now firmly established as one of the core areas of European Union law. In this volume, Tsourdi and De Bruycker have brought together all the leading experts in the field and have asked them to explore the subjects they know best. The volume as a whole offers a remarkably thorough and stimulating panorama of the field.’
– Bruno de Witte, Maastricht University, the Netherlands
‘A gold mine. Such is this book. Under the supervision of Prof. Evangelia (Lilian) Tsourdi and Prof. Philippe De Bruycker, this Research Handbook on EU Migration and Asylum Law brings together the best scholars of Migration and Free movement in European Law. With 22 thematic chapters, preceded by a general chapter presenting “The Evolving EU Migration and Asylum Law”, it provides a comprehensive overview of current and future issues in European migration law and policy.’
– Jean-Yves Carlier, UCLouvain, Belgium
''This Research Handbook, by a group of prominent legal scholars, affords a cutting-edge and sophisticated analysis of EU migration and asylum law. The individual contributions are framed by an elegant introductory chapter, which traces the historical evolution of migration and asylum law, maps out the legislative, administrative, and external aspects of the law, and sketches future prospects. This volume is essential reading for anyone seeking to understand today’s highly charged policy and legal debates on migration and asylum in the EU.''
– Francesca Bignami, The George Washington University, US
‘This Handbook provides an impressively comprehensive analysis of the EU’s approach to migration, displacement and mobility. Featuring contributions from senior and emerging scholars alike, it is a must-read book for anyone keen to understand the historical and contemporary intricacies of this complex area of law and policy.’
– Jane McAdam, University of New South Wales, Australia
– Catherine L. Crooke, Ethnic and Racial Studies Review
‘Migration and asylum law is now firmly established as one of the core areas of European Union law. In this volume, Tsourdi and De Bruycker have brought together all the leading experts in the field and have asked them to explore the subjects they know best. The volume as a whole offers a remarkably thorough and stimulating panorama of the field.’
– Bruno de Witte, Maastricht University, the Netherlands
‘A gold mine. Such is this book. Under the supervision of Prof. Evangelia (Lilian) Tsourdi and Prof. Philippe De Bruycker, this Research Handbook on EU Migration and Asylum Law brings together the best scholars of Migration and Free movement in European Law. With 22 thematic chapters, preceded by a general chapter presenting “The Evolving EU Migration and Asylum Law”, it provides a comprehensive overview of current and future issues in European migration law and policy.’
– Jean-Yves Carlier, UCLouvain, Belgium
''This Research Handbook, by a group of prominent legal scholars, affords a cutting-edge and sophisticated analysis of EU migration and asylum law. The individual contributions are framed by an elegant introductory chapter, which traces the historical evolution of migration and asylum law, maps out the legislative, administrative, and external aspects of the law, and sketches future prospects. This volume is essential reading for anyone seeking to understand today’s highly charged policy and legal debates on migration and asylum in the EU.''
– Francesca Bignami, The George Washington University, US
‘This Handbook provides an impressively comprehensive analysis of the EU’s approach to migration, displacement and mobility. Featuring contributions from senior and emerging scholars alike, it is a must-read book for anyone keen to understand the historical and contemporary intricacies of this complex area of law and policy.’
– Jane McAdam, University of New South Wales, Australia
Contributors
Contributors: Galina Cornelisse, Cathryn Costello, Philippe De Bruycker, Melanie Fink, Paula Garcia Andrade, Iris Goldner Lang, Kees Groenendijk, Maja Grundler, Elspeth Guild, Lyra Jakulevičienė, Moritz Jesse, Francesco Maiani, Paul McDonough, Tamás Molnár, Madalina Moraru, Violeta Moreno-Lax, Minos Mouzourakis, Boldizsár Nagy, Steve Peers, Conny Rijken, Jorrit J. Rijpma, Lieneke Slingenberg, Thomas Spijkerboer, Tineke Strik, Daniel Thym, Evangelia (Lilian) Tsourdi, Tamara Tubakovic, Niovi Vavoula, Jens Vedsted-Hansen
Contents
Contents:
1 The evolving EU asylum and migration law 1
Evangelia (Lilian) Tsourdi and Philippe De Bruycker
PART I CROSS-CUTTING THEMES
2 Institutional and constitutional framework 57
Daniel Thym
3 Effective judicial protection of migrants and refugees? The role of
Europe’s supranational courts in protecting and generating rights 79
Minos Mouzourakis and Cathryn Costello
4 Freedom of movement of EU citizens and mobility rights of
third-country nationals: where EU free movement and migration
policies intersect or disconnect? 98
Iris Goldner Lang
5 Digitalising the EU migration and asylum policy: a case study on
information systems 114
Niovi Vavoula
PART II ASYLUM
6 International refugee law and EU asylum law: accordance and influence 141
Paul McDonough and Tamara Tubakovic
7 Qualifying for international protection in the EU 168
Boldizsár Nagy
8 Asylum decision‑making, gender and sexuality 194
Thomas Spijkerboer
9 Reception conditions for asylum seekers: inherent duality 204
Lieneke Slingenberg
10 Vulnerable persons in EU asylum legislation: central feature or
necessity on the outskirts? 225
Lyra Jakuleviciene
11 Asylum procedures: seeking coherence within disparate standards 243
Jens Vedsted-Hansen
12 Responsibility allocation in the Common European Asylum System 263
Francesco Maiani
13 The informalisation of the external dimension of EU asylum policy: the
hard implications of soft law 282
Violeta Moreno-Lax
PART III LEGAL MIGRATION
14 Directive 2003/86 on the Right to Family Reunification: a surprising
anchor in a sensitive field 306
Kees Groenendijk and Tineke Strik
15 Migration for labour purposes: the EU’s piecemeal approach 328
Steve Peers
16 Non-discrimination and the challenge of integration 343
Moritz Jesse
17 The external dimension of the EU migration policy: the legal framing of
building partnerships with third countries 366
Paula García Andrade
PART IV THE FIGHT AGAINST IRREGULAR MIGRATION
18 The EU visa policy: to deter and to facilitate 391
Elspeth Guild and Maja Grundler
19 The management of the European Union’s external borders 408
Melanie Fink and Jorrit J. Rijpma
20 EU Return Directive: a cause for shame or an unexpectedly protective
framework? 436
Madalina Moraru
21 Criminalisation, containment and courts: a call for cross-fertilisation
between the social sciences and legal-doctrinal research into
immigration detention in Europe 456
Galina Cornelisse
22 Victimmigration: when smuggling becomes trafficking 472
Conny Rijken
23 EU readmission policy: a (shapeshifter) technical toolkit or challenge to
rights compliance? 487
Tamás Molnár
Index
1 The evolving EU asylum and migration law 1
Evangelia (Lilian) Tsourdi and Philippe De Bruycker
PART I CROSS-CUTTING THEMES
2 Institutional and constitutional framework 57
Daniel Thym
3 Effective judicial protection of migrants and refugees? The role of
Europe’s supranational courts in protecting and generating rights 79
Minos Mouzourakis and Cathryn Costello
4 Freedom of movement of EU citizens and mobility rights of
third-country nationals: where EU free movement and migration
policies intersect or disconnect? 98
Iris Goldner Lang
5 Digitalising the EU migration and asylum policy: a case study on
information systems 114
Niovi Vavoula
PART II ASYLUM
6 International refugee law and EU asylum law: accordance and influence 141
Paul McDonough and Tamara Tubakovic
7 Qualifying for international protection in the EU 168
Boldizsár Nagy
8 Asylum decision‑making, gender and sexuality 194
Thomas Spijkerboer
9 Reception conditions for asylum seekers: inherent duality 204
Lieneke Slingenberg
10 Vulnerable persons in EU asylum legislation: central feature or
necessity on the outskirts? 225
Lyra Jakuleviciene
11 Asylum procedures: seeking coherence within disparate standards 243
Jens Vedsted-Hansen
12 Responsibility allocation in the Common European Asylum System 263
Francesco Maiani
13 The informalisation of the external dimension of EU asylum policy: the
hard implications of soft law 282
Violeta Moreno-Lax
PART III LEGAL MIGRATION
14 Directive 2003/86 on the Right to Family Reunification: a surprising
anchor in a sensitive field 306
Kees Groenendijk and Tineke Strik
15 Migration for labour purposes: the EU’s piecemeal approach 328
Steve Peers
16 Non-discrimination and the challenge of integration 343
Moritz Jesse
17 The external dimension of the EU migration policy: the legal framing of
building partnerships with third countries 366
Paula García Andrade
PART IV THE FIGHT AGAINST IRREGULAR MIGRATION
18 The EU visa policy: to deter and to facilitate 391
Elspeth Guild and Maja Grundler
19 The management of the European Union’s external borders 408
Melanie Fink and Jorrit J. Rijpma
20 EU Return Directive: a cause for shame or an unexpectedly protective
framework? 436
Madalina Moraru
21 Criminalisation, containment and courts: a call for cross-fertilisation
between the social sciences and legal-doctrinal research into
immigration detention in Europe 456
Galina Cornelisse
22 Victimmigration: when smuggling becomes trafficking 472
Conny Rijken
23 EU readmission policy: a (shapeshifter) technical toolkit or challenge to
rights compliance? 487
Tamás Molnár
Index
