Accessing Asylum in Europe

Extraterritorial Border Controls and Refugee Rights under EU Law

«Moreno-Lax has written one of the key texts on EU migration and asylum law for the years to come. Her steady defence of rights as "practical and effective" and "not theoretical and illusory" (p. 477) and, more importantly, the way such defence is conducted through impeccable legal analysis of the instruments adopted by the EU itself, is already having an impact beyond academia and will be at the centre of policy debates in the future. The book is therefore an indispensable title, and essential reading for students, scholars, legal practitioners and judges, aswell as policy makers and EU institutions dealing with borders, immigration, and asylum.»

Diego Acosta, Common Market Law Review
Europe is currently experiencing a "refugee crisis", demonstrated by millions of displaced people unseen since World War II. This book examines the interface between the EU's response to irregular flows, in particular the main extraterritorial border and migration controls taken by the Member States, and the rights asylum seekers acquire from EU law. Les mer
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Om boka

Europe is currently experiencing a "refugee crisis", demonstrated by millions of displaced people unseen since World War II. This book examines the interface between the EU's response to irregular flows, in particular the main extraterritorial border and migration controls taken by the Member States, and the rights asylum seekers acquire from EU law.

"Remote control" techniques, such as the imposition of visas, fines on carriers transporting unsatisfactorily documented third-country nationals, and interception at sea are investigated in detail in a bid to assess the impact these measures have on access to asylum in the EU. The book also thoroughly analyses the rights recognised by the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-refoulement, the right to leave any country
including one's own, the right to asylum, and the right to remedies and effective judicial protection.

The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers and, most importantly, how these rights (should) limit the scope of such measures and the ways in which they are implemented. The ultimate goal is to conclude whether the current series of extraterritorial mechanisms of pre-entry vetting is compatible in EU law with the EU rights of forced migrants.

Fakta

Anmeldelser

«Moreno-Lax has written one of the key texts on EU migration and asylum law for the years to come. Her steady defence of rights as "practical and effective" and "not theoretical and illusory" (p. 477) and, more importantly, the way such defence is conducted through impeccable legal analysis of the instruments adopted by the EU itself, is already having an impact beyond academia and will be at the centre of policy debates in the future. The book is therefore an indispensable title, and essential reading for students, scholars, legal practitioners and judges, aswell as policy makers and EU institutions dealing with borders, immigration, and asylum.»

Diego Acosta, Common Market Law Review

«an imaginative, heterodox work that challenges the very foundations of our profession.»

Gleider Hernández, European Journal of International Law

«The book constitutes a timely resource for lawyers, political scientists and sociologists interested in the development of migration and refugee issues management. Other than providing useful insights, it also highlights trends that will require further investigation.»

Chiara Raucea, JMCS

«This book is well written and meticulous, offering brilliant insights into the human rights aspects of the EU's legal regulation of refugee flows.»

Tawhida Ahmed, City Law School

«Violeta Moreno-Lax contributes to the multidisciplinary debate on asylum and refugees by offering a deeper insight into the right to asylum, and particularly into the relationship between the right to receive protection and the mechanisms of border control.»

Daniela Irrera, Journal of Common Market Studies

«This book will be useful to all those interested in EU asylum law and, in particular, its relationship with the EU's legislation on border management and the combined effect that these two areas of EU law have on the effective realization of the right of refugees to seek asylum. While there is plenty of literature on each of these two separate, but related, areas of EU law, this is the first book to explore their interaction.»

María-Teresa Gil-Bazo, European Journal of International Law

«This text is a must-read for any scholar, student, or advocate seeking to understand the complexities surrounding asylum and extraterritorial border controls under EU law.»

Dr Bríd Ní Ghráinne, University of Sheffield

«Moreno-Lax shows that it is perfectly possible to construct international and European law in such a manner as to argue that the generalized extraterritorial border control as implemented by European countries at this moment is in violation of international human rights and refugee law. This evidently requires an original and particular interpretation of law. Moreno-Lax convincingly argues that the currently dominant interpretation which denies her conclusion is flawed and internally inconsistent on many levels. The systematic and sustained way in which she does so is an achievement.»

Thomas Spijkerboer, European Law Review

Innholdsfortegnelse

PART I. THE EU SYSTEM OF PRE-BORDER CONTROL AND ITS IMPLICATIONS FOR ACCESS TO INTERNATIONAL PROTECTION IN EUROPE; PART II. THE RIGHTS OF PROTECTION SEEKERS UNDER EU LAW AND THEIR IMPLICATIONS FOR PRE-BORDER CONTROLS

Om forfatteren

Dr. Violeta Moreno-Lax is Senior lecturer in Law, Founding Director of the Immigration Law programme, and inaugural co-Director and co-founder of the Centre for European and International Legal Affairs at Queen Mary University of London. She is also a Visiting Professor at the College of Europe, a Fellow of the Centre of European Law of King's College London, EU Asylum Law Coordinator at the Refugee Law Initiative of the University of London, Co-Chair of The Refugee
Law Observatory, Co-convener of the Society of Legal Scholars (SLS) Migration Law Section, and member of the Steering Committee of the Migration Law Network. Before Queen Mary, she was a Lecturer in Law at the Universities of Liverpool and Oxford. She held visiting positions at the Universities of
Macquarie and New South Wales, Oxford, Nijmegen, and The Hague Academy of International Law (Research Session 2010). She has published widely in the areas of international and European refugee and migration law.