The First Decade of EU Migration and Asylum Law


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 journal itself is the basis for the book: authors who have written the most significant contributions for the journal on the relevant issues to the Area of Freedom Security and Justice (AFSJ) have revised and updated their articles in light of current developments. These are supplemented with new chapters on issues which have turned out to be particularly important to the development of the field. The success of the journal has demonstrated the need for informed, independent academic research on the changing nature of immigration and asylum in Europe, and this volume too seeks to meet that need. It offers a unqiue and lively collection of essays covering the field of EU immigration and asylum law from a variety of perspectives.

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Elspeth Guild is Professor of European migration law at the Radboud University Nijmegen (The Netherlands). In 2009 she has been awarded a Jean Monnet Chair ad personam at the Radboud University Nijmegen. She is also Senior Research Fellow at the Centre for European Policy Studies in Brussels and a partner at the London law firm Kingsley Napley. She is a Visiting Professor at the LSE London and teaches in the Department of War Studies at Kings College London. In 2008 she was awarded a Doctorate Honoris Causa by Lund University in recognition of her work in the area of migration. Prof. Guild is the author of numerous books and articles on the development of the EU, particularly in the area of justice and home affairs and the creation of an area of freedom, security and justice. Her latest monograph is Security and Migration in the 21st Century (Blackwell Publishers, 2009).

Paul Minderhoud is Associate Professor at the Centre for Migration Law of the Radboud University Nijmegen. His doctoral thesis is a socio-legal study into the differences between immigrants and native citizens in the implementation of the child benefits and disability insurance legislation in the Netherlands: “Voor mij zijn ze allemaal gelijk” (Amsterdam: Thesis Publishers 1993). His main research interests are the legal and socio-legal aspects of immigration and social security. He is project director of the European Network on Free Movement of Workers and co-editor of the European Journal of Migration and Law.
"...welcome addition to the burgeoning canon of EU law and migration literature, an addition which will be of interest to immigration lawyers and academics alike."
-Alan Desmond, University College Cork
Preface to the First Decade of EU Migration and Asylum Law Elspeth Guild, Paul Minderhoud & Ryszard Cholewinski;
Introduction: Migration and Law in Europe Kees Groenendijk;
Section 1: EU Citizens?
Citizenship in Motion: The Development of the Freedom of Movement for Citizens in the Case-law of the Court of Justice of the European Union Jonathan Tomkin;
EU Free Movement of Persons and Member States’ Solidarity Systems: Searching for a Balance Herwig Verschueren;
The Privileged Treatment of Turkish Nationals Denis Martin;
Section 2: EU Borders and Irregular Migration
Has Europeanization Silenced Criticism on Intergovernmental External Border Co-operation? Helen Oosterom-Staples;
The EU Acquis on Irregular Migration Ten Years On: Still Reinforcing Security at the Expense of Rights? Ryszard Cholewinski;
The Good, the Bad and the Ugly in EU Migration Law: Is the European Parliament Becoming Bad and Ugly? (The adoption of Directive 2008/115: the Returns Di-rective) Diego Acosta Arcarazo;
Detention of Foreigners Galina Cornelisse;
Section 3: EU Immigration and Asylum
The Impact of the Treaty of Lisbon over EU Policies on Migration, Asylum and Bor-ders: The Struggles over the Ownership of the Stockholm Programme Sergio Carrera;
Common EU Standards on Asylum – Optional Harmonisation and Exclusive Proce-dures Jens Vedsted-Hansen;
The Externalisation of European Migration Control and the Reach of International Refugee Law Thomas Gammeltoft-Hansen;
The Long-Term Residents Directive: A Fulfilment of the Tampere Objective of Near-Equality? Louise Halleskov Storgaard;
Love Thy Neighbour. Family Reunification and the Rights of Insiders Betty de Hart;
An Ideal Husband? Marriages of Convenience, Moral Gate-keeping and Immigra-tion to the United Kingdom Helena Wray;
Section 4: The Rights to have Rights
Effective Remedies for Third Country Nationals in EU Law: Justice Accessible to All? Evelien Brouwer;
Asylum Remedies Marcelle Reneman;
Immigration, Asylum and the European Union Charter of Fundamental Rights Steve Peers;