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Author: Anneliese Baldaccini Publisher: Bloomsbury Publishing ISBN: 1847313663 Category : Law Languages : en Pages : 582
Book Description
This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?
Author: Anneliese Baldaccini Publisher: Bloomsbury Publishing ISBN: 1847313663 Category : Law Languages : en Pages : 582
Book Description
This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?
Author: Elspeth Guild Publisher: ISBN: 9789461380340 Category : Law Languages : en Pages : 0
Book Description
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.
Author: Maria Fletcher Publisher: Routledge ISBN: 1317573226 Category : Law Languages : en Pages : 583
Book Description
This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
Author: George Lakoff Publisher: Macmillan + ORM ISBN: 142998970X Category : Political Science Languages : en Pages : 292
Book Description
Since September 11, 2001, the Bush administration has relentlessly invoked the word "freedom." The United States can strike preemptively because "freedom is on the march." Social security should be privatized in order to protect individual freedoms. In the 2005 presidential inaugural speech, the words "freedom," "free," and "liberty" were used forty-nine times. "Freedom" is one of the most contested words in American political discourse, the keystone to the domestic and foreign policy battles that are racking this polarized nation. For many Democrats, it seems that President Bush's use of the word is meaningless and contradictory—deployed opportunistically to justify American military action abroad and the curtailing of civil liberties at home. But in Whose Freedom?, George Lakoff, an adviser to the Democratic party, shows that in fact the right has effected a devastatingly coherent and ideological redefinition of freedom. The conservative revolution has remade freedom in its own image and deployed it as a central weapon on the front lines of everything from the war on terror to the battles over religion in the classroom and abortion. In a deep and alarming analysis, Lakoff explains the mechanisms behind this hijacking of our most cherished political idea—and shows how progressives have not only failed to counter the right-wing attack on freedom but have failed to recognize its nature. Whose Freedom? argues forcefully what progressives must do to take back ground in this high-stakes war over the most central idea in American life.
Author: Conor Gearty Publisher: John Wiley & Sons ISBN: 0745669980 Category : Political Science Languages : en Pages : 108
Book Description
All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
Author: Noura Erakat Publisher: Stanford University Press ISBN: 1503608832 Category : History Languages : en Pages : 405
Book Description
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Author: Christina Eckes Publisher: Cambridge University Press ISBN: 113949547X Category : Law Languages : en Pages : 327
Book Description
The 'Europeanisation' of the fight against crime is a broad and much-contested notion. This in-depth analysis of the role of the EU in fighting crime within the area of freedom, security and justice explores the impact of EU policies in the Member States, the progressive convergence of Member States' criminal law systems, the emergence of mutual recognition as an alternative to harmonization, and the incremental development of the ECJ's jurisdiction. The essays also explore the limitations inherent in EU counter-crime policies and the changes brought about by the introduction of the Treaty of Lisbon. These changes are discussed both collectively and within individual substantive areas in which the EU has taken an active role in fighting crime, such as corruption, money laundering, terrorism, organised crime and extradition.
Author: Christian Kaunert Publisher: Routledge ISBN: 1317499700 Category : Political Science Languages : en Pages : 137
Book Description
This book examines Western foreign policy towards the Middle East, and the extent to which the promotion of democracy has been in conflict with, or supported by, other goals (geo-strategic, economic, and cultural) in the policies of the major actors towards the Middle East. Does the Arab Spring provide a new opening for cooperation with the region? Contributions are offered by scholars with research interests in Middle Eastern politics, and by those analysing the policies and interests of external actors. Against the backdrop of the recent ‘War on Terror’, the comparative and interdisciplinary outlook of the book will offer the opportunity for much needed intellectual exchanges between political scientists, contemporary historians, and international relations scholars from Europe, North America and the Middle East. Since it coincides with and/or follows the final phases of US and British withdrawal from Iraq and Afghanistan, this book will be highly relevant to both academics and policy-makers in the UK and abroad, making a significant contribution not only to the scholarly investigation of Western foreign policies, but also to the study of the Middle East in general. This book was originally published as a special issue of the Cambridge Review of International Affairs.
Author: Ademola Abass Publisher: Routledge ISBN: 1317069161 Category : Political Science Languages : en Pages : 408
Book Description
This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.
Author: Sergio Carrera Publisher: BRILL ISBN: 9004175091 Category : Political Science Languages : en Pages : 549
Book Description
This book studies the normative intersection between integration, immigration and nationality in the European Union (EU). It examines the relationship between integration and the legal frameworks of admission, stay and access to nationality by third country nationals at national and European levels. Integration is being subject to multifaceted processes transforming its traditional policy and legal settings, as well as its classical theoretical premises and approaches. The Europeanisation of immigration policy has provoked the emergence of distinctive European approaches on integration. The legal elements of integration are being developed through two parallel settings: the EU Framework on Integration and European immigration law. These venues constitute two of the main pillars upon which the common EU immigration policy is being constructed, and their nexus raises several elements in need of reflection and study. This book examines the processes through which integration becomes a norm in nationality and immigration law and policy at the national and EU levels, and the implications of these processes for the legal status of third country nationals and the overall coherency of the common EU immigration policy.
Author: Anneliese Baldaccini
Author: Anneliese Baldaccini
Author: Elspeth Guild
Author: Maria Fletcher
Author: George Lakoff
Author: Conor Gearty
Author: Noura Erakat
Author: Christina Eckes
Author: Christian Kaunert
Author: Ademola Abass
Author: Sergio Carrera