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Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis

Legality, Rule of Law and Fundamental Rights Reconsidered

Format: Hardback
Publisher: Edward Elgar Publishing Ltd, Cheltenham, United Kingdom
Published: 28th Jun 2019
Dimensions: w 146mm h 239mm d 25mm
Weight: 620g
ISBN-10: 1788972473
ISBN-13: 9781788972475
Barcode No: 9781788972475
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Synopsis
This discerning book examines EU migration and asylum polices in times of crisis by assessing old and new patterns of cooperation in EU migration management policies in the scope of third-country cooperation. The case studies explored reveal that there has been a clear tendency and strategy to move away from or go outside the decision making rules and institutional principles enshrined in the Lisbon Treaty to advance third country cooperation on migration management. It explores the implications of and effects of the adoption of extra-Treaty instruments and patterns of cooperation in the light of EU rule of law and fundamental rights principles and standards. The book, examines the ways in which the politics of migration crisis and their patterns of cooperation and legal/policy outcomes evidenced since 2015 affect and might even undermine EU's legitimacy in these policy areas. Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis will be a key resource for academics and students focussing on EU Law and migration more specifically. Timely and engaging, it will also appeal to policy- makers, legal practitioners and international organisation representatives alike.

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'The well-written introduction lays the foundation of the whole volume, which proves to be thought-provoking and cutting-edge.' -- Kevin Fredy Hinterberger, Common Market Law Review 'Whereas certain EU measures responding to the migration and asylum crisis, not least the EU Turkey ''Statement'' of March 2016, took observers by surprise, these actions are more accurately understood as part of a well-established tendency in EU cooperation with third countries on migration control. This volume offers a thought-provoking account of this tendency, pointing to its conceptual link to ''crisis labelling'' and to the constitutional challenges it poses to the Union principles of democracy, the rule of law and fundamental rights.'
--Jens Vedsted-Hansen, Aarhus University, Denmark 'This highly topical book deals deeply with the fundamental issues raised by the external dimension of EU law in the field of migration. Combining historical and contemporary approaches, it proposes an original modelling of possible external co-operation in accordance with the rule of law. The authors are among the best specialists in these topics in Europe.'
--Jean-Sylvestre Berge, Cote d Azur University and University Institute France, France 'The external dimensions of EU migration policies can result in serious violations of the human rights of migrants, out of reach of EU human rights watchdogs. If the EU is to retain its reputation as a rule-based human-rights-respecting polity, such external dimensions need proper oversight and sharp critical assessment. This book provides a first and often damning evaluation of this complex policy field, but also outlines ways in which the EU could adopt a more ''comprehensive approach'' to migration policies. An essential read.'
--Francois Crepeau, McGill University, Canada