Elspeth Guild

This book marks thirty years of progress in realizing the free movement of persons in the European Union. Its origins are to be found in a conference held at King's College, London, organised by the Immigration Law Practitioners' Association and the Centre of European Law at King's College, London, with the sponsorship of the European Commission. The book is divided into two sections: the first deals with the implementation of rights of nationals in the European Union to move, reside and exercise economic activities in other Member States. The second part looks at the development of European law regulating the movement, residence and economic activities of third country nationals within the territory of the Union. Each of the two parts, in its own way, analyzes the relation of the black letter law to the social consequences attendant on migration within the European Union. This is an invaluable analysis for practitioners and academics concerned with the development of a legal regime on migration in the European Union.

The Legal Framework and Social Consequences of Free Movement of Persons in the European Union

Immigration Law in the European Community

Steve Peers

Jonathan Tomkin

The EU Citizenship Directive defines the right of free movement for citizens of the European Economic Area. It applies to EU citizens and their family members who move to another Member State. This might at first seem like a straightforward definition, but immediately questions arise. Who determines if a person is an EU citizen at all? What about dual citizens of two Member States, or of one Member State and a non-Member State (a 'third State')? What is the position of EU citizens who move to one Member State, and then return to their home Member State? This book provides a comprehensive commentary of the EU's Citizens' Directive tracing the evolution of the Directive's provisions, placing each article in its historical and legislative context. Special emphasis is placed on highlighting the connections and interactions between the Directive's constituent provisions so as to permit a global appreciation of the system of free movement rights to which the Directive gives effect. Each provision is annotated containing a detailed analysis of the case-law of the Court of Justice as well as of related measures impacting upon the Directive's interpretation including European Commission reports and guidelines on the Directive's implementation. This fully-updated new edition includes dscussion of relevant case law since the first edition, and has been expanded to include detailed discussion of rights of EU and UK citizens after Brexit in the withdrawal agreement.

The EU Citizenship Directive: A Commentary

Paul Minderhoud

This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.

The Legal Measures and Social Consequences of Criminal Law in Member States on Trafficking and Smuggling in Human Beings

Immigration and Criminal Law in the European Union

The 21st century has brought new and challenging dimensions to our understanding of security and migration. The old Cold War framework of security as related to war and peace, international relations and foreign affairs has given way to a multiplicity of competing notions, including internal security, human security and even social security. At the same time, migration has become a hotly contested issue, characterised by an enormous difference of views and objectives. So what do we mean by security and migration in the contemporary world? How do these two important fields intersect? And what does this collision of policy concerns and public interests mean for states and individuals alike? In this cutting-edge book, Elspeth Guild seeks to answer these pressing questions, drawing on a wide range of recent examples from the impact of asylum seekers on state border security to identity security in citizenship rules to illustrate her arguments. By approaching the topic from the perspective of the individual – citizen of one state, migrant in another – the book examines key aspects of the security-migration nexus, such as the relationship with refugees; torture; extraordinary rendition; privacy and the retention of personal data; and human rights' protection. The first volume in Polity's new 'Dimensions of Security' series, this book is a must-read for all students of international politics, development studies and related fields.

Security and Migration in the 21st Century

More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary.

The First Decade of EU Migration and Asylum Law

Council of Europe

C. A. Groenendijk

Halil Dogan

A Comparative Study of Law and Practice in European Countries

Security of Residence of Long-term Migrants

Didier Bigo

Mark Gibney

The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding European Union Member States’ complicity with the CIA and their incompatibility with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability in the EU, and identifies significant obstacles to further accountability in a selection of EU member states under investigation. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

Addressing the Challenges of Accountability

Extraordinary Rendition

Anneliese Baldaccini

This volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq s invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.

Elspeth Guild

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