An overview of recent non-Dutch (mainly English) publications written by the Institute of Immigration Law and her staff.
A full list of recent publications including Dutch publications can be found on our Dutch website.
Pieter Boeles, Maarten den Heijer, Gerrie Lodder & Kees Wouters (2014), European Migration Law, 2nd edition, Antwerp: Intersentia.
This book provides an overview of the state of EU migration law in 2014. It explores the meaning of EU legislation on migration in the light of fundamental rights and principles of Union law as explained in leading case-law of the European courts. It is especially aimed at students, but may likewise be useful for practitioners, policy makers or others interested in the legal foundations of migration in Europe.
Maarten den Heijer (2012), Europe and Extraterritorial Asylum, Oxford: Hart Publishing The book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. It defends the thesis that when European states endeavor to control the movement of migrants outside their territories, they remain responsible under international law for upholding the rights of refugees and more general human rights. The book explores how refugee and human rights law responds to a phenomenon whereby states engage in external activity and seek cooperation with other actors in the context of migration control; how EU law governs and constrains the various types of pre-border migration enforcement employed by the Member States of the European Union; and examines the conformity with international law of current and unfolding practices of external migration control.
Ciara Smyth (2014), European Asylum Law and the Rights of the Child. Oxford: Routledge.
This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy.
Marcelle Reneman (2014), EU Asylum Law and the Right to an Effective Remedy, Oxford: Hart Publishing.
Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.
European Migration Law, P. Boeles, M. den Heijer, G.G. Lodder, K. Wouters, Antwerpen: Intersentia (2009), 467 pp.
The book European Migration Law, written by several members of the academic staff of the Institute of Immigration Law, was published in September 2009. The book presents a comprehensive introduction into the international and European legal sources for migration law in Europe and explores the rights of entry and residence of EU citizens and third country nationals in the European Union. Apart from exploring the substantive rules on migration in Europe as developed within EU and treaty law, the book focuses on the interplay between the different legal spheres and their impact on the legal position of individual migrants. It also reflects on the coherence and degree of harmonisation of migration law in Europe.
Vers un traitement équitable des étrangers extracommunautaires en séjour régulier, S.R.M.C. Guèvremont, Leiden: E.M. Meijers Instituut (2009), 561 pp.
This study provides a comprehensive review of the legal and political context in which the European Community Directives on long-term residents and family reunification were designed, with explanations about their content and recommendations for any future amendments. It considers the first initiatives taken by the Commission and the Council on these issues before the entry into force of the Treaty of Amsterdam and also reviews proposals submitted by NGOs that have played a substantial role in the debate. Furthermore, documentation of the various European institutions on the negotiations surrounding the adoption of the texts in question as well as trends in case law are carefully examined. The study aims to answer the following questions: To what extent does the normative content of the guidelines allow a difference in treatment between EU migrants and Non EU migrants, does it give binding force to the obligations of Member States, and provide judicial certainty to stakeholders?
International Legal Standards for the Protection from Refoulement, K. Wouters, Antwerpen: Intersentia (2009), 639 pp.
This book is the commercial edition of the PhD thesis of Kees Wouters and was published by Intersentia in 2009. It provides a comprehensive legal analysis of prohibitions of refoulement contained in four human rights treaties: the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the Convention against Torture.
The emphasis of the analysis is on the international meaning of the prohibitions of refoulement and on the responsibilities of States deriving from these prohibitions. The four treaties are analyzed in separate chapters. The final chapter compares the prohibitions of refoulement contained in the four investigated treaties. This book is an important resource for legal scholars, students and practitioners working with asylum seekers and refugees throughout the world. It is also a reminder for States, which have obliged themselves to protect people from becoming victims of unspeakable atrocities.