Law and Judicial Dialogue on the Return of Irregular Migrants from the European

Description: Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union by Madalina Moraru, Galina Cornelisse, Philippe De Bruycker This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law. FORMAT Paperback LANGUAGE English CONDITION Brand New Author Biography Madalina Moraru is Fellow at the Faculty of Law, Masaryk University in Brno and Centre for Judicial Cooperation at the European University Institute.Galina Cornelisse is Associate Professor EU Law and Public International Law at VU, Amsterdam.Philippe De Bruycker is Professor of Law at the Institute for European Studies, Law Faculty, Universite libre de Bruxelles. Table of Contents Prologue: The Genesis of the EUs Return PolicyFabian LutzIntroduction: Judicial Dialogue on the Return Directive – Catalyst for Changing Migration Governance? Galina Cornelisse and Madalina MoraruPART 1STAGES OF THE EU RETURN PROCEDURE: THE ROLE OF JUDGES IN ENSURING AN EFFECTIVE IMPLEMENTATIONOF THE RETURN DIRECTIVEEdited by Madalina Moraru1. The Scope of the Return Directive: How Much Space is Left for National Procedural Law on Irregular MigrationGalina Cornelisse2. Return Decisions and Domestic Judicial Practices: Is Spain Different? Cristina Gortazar Rotaeche3. Voluntary Departure as a Priority: Challenges and Best PracticesUlrike Brandl4. The Legal Requirements of the Entry Ban: The Role of National Courts and Dialogue with the Court of Justice of the European Union Aniel Pahladsingh5. Judicial Dialogue in Action: Making Sense of the Risk of Absconding in the Return Procedure Madalina Moraru6. Cypriot Courts, the Return Directive and Fundamental Rights: Challenges and Failures Corina Demetriou and Nicos TrimikliniotisPART 2IMMIGRATION DETENTION IN THE EU: THE ROLE OF JUDGES IN SHAPING EFFECTIVE STANDARDS OF CONTROLEdited by Galina Cornelisse7. Alternatives to Immigration Detention in International and EU Law:Control Standards and Judicial Interaction in a Heterarchy Evangelia (Lilian) Tsourdi8. Scope and Intensity of Judicial Review: Which Power for Judges within the Control of Immigration Detention? Adam Blisa and David Kosar9. The Civil Judge as Administrator of Return Detention: The Case of Germany Jonas Bornemann and Harald Dorig10. The Administrative Judge as a Detention Judge: The Case of Lithuania Irmantas Jarukaitis and Agne Kalinauskaite11. Detention of Migrants in Belgium and the Criminal Judge: A Lewis Carroll World Sylvie Sarolea12. Can the Return Directive Contribute to Protection for Rejected Asylum Seekers and Irregular Migrants in Detention?The Case of Greece Angeliki Papapanagiotou-Leza and Stergios Kofinis13. Can a Justice of the Peace be a Good Detention Judge? The Case of Italy Alessia Di Pascale14. Duality of Jurisdiction in the Control of Immigration Detention: The Case of France/Trois Hautes Juridictions Nationales pour une Directive: Une Interaction Judiciaire en Trompe loeil Serge SlamaPART 3RIGHTS AND SAFEGUARDS IN THE APPLICATION OF THE RETURN DIRECTIVE: THE ROLE OF JUDGESIN SAFEGUARDING PROCEDURAL AND FUNDAMENTAL RIGHTS PROTECTIONEdited by Madalina Moraru and Galina Cornelisse15. The Right to be Heard: The Underestimated Condition for Effective Returns and Human Rights Consideration Valeria Ilareva16. Impact of Judicial Dialogue(s) on Development and Affirmation of the Right to Effective Legal Remedy from Articles 13 and 14 of the Return Directive Boštjan Zalar17. A Lawyers Perspective on Access to Classified Evidence in Return Cases: A View from Poland Jacek Bialas18. The Return of the Children Carolus Grutters19. Unremovability under the Return Directive: An Empty Protection? Jean-Baptiste Farcy20. The Prohibition of Collective Expulsion as an Individualisation Requirement Luc Leboeuf and Jean-Yves Carlier Review This is a valuable book that will be essential reading for anyone concerned with the treatment of irregular migration and irregular migrants by the EU, its court, its member states and their courts … a welcome addition to the respective literatures on judicial dialogue and on EU migration law and policy. It may also usefully serve as a template for future surveys of other important pieces of EU legislation. -- Alan Desmond, University of Leicester * European Journal of Migration and Law *Given its extremely insightful, thorough and documented analyses, the volume will certainly become an indispensable point of reference for anyone following European migration policies and will secure a deserved and long-lasting place on bookshelves. -- Petra Jeney * EU Law Live *The book fulfils its ambitious promises: it is a high-quality and lasting contribution to the study of both EU law and migration law. Scholars of EU law will find, documented in great detail, a case study on the inner workings, benefits and pitfalls of judicial dialogue – one that could be replicated with profit in many other areas. Students and practitioners of migration law will benefit from a detailed, comprehensive, multilevel account of a key piece of legislation. -- Francesco Maiani * Common Market Law Review * Promotional Explores the regulation of irregular migration in Europe, from both a practitioner and academic perspective Review Quote "Given its extremely insightful, thorough and documented analyses, the volume will certainly become an indispensable point of reference for anyone following European migration policies and will secure a deserved and long-lasting place on bookshelves." -- EU Law Live Promotional "Headline" Explores the regulation of irregular migration in Europe, from both a practitioner and academic perspective Feature First comprehensive examination of the implementation of the Return Directive provisions Details ISBN1509943471 Pages 528 Series Modern Studies in European Law Language English Year 2022 ISBN-10 1509943471 ISBN-13 9781509943470 Format Paperback Imprint Hart Publishing Place of Publication Oxford Country of Publication United Kingdom Publisher Bloomsbury Publishing PLC Publication Date 2022-02-24 NZ Release Date 2022-02-24 UK Release Date 2022-02-24 Author Philippe De Bruycker Edited by Philippe De Bruycker DEWEY 342.24083 Audience Tertiary & Higher Education AU Release Date 2022-02-23 We've got this At The Nile, if you're looking for it, we've got it. 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