The Human Rights of Migrants and Refugees in European Law
Cathryn Costello
Abstract
This book examines key aspects of European Union (EU) law on immigration and asylum, where EU standards overlap with human rights protections and international refugee law. It focuses on questions of migration status and security of residence, family migration, refugee protection, and immigration detention. The uniting theme is the interaction between established human rights norms, in particular the European Convention on Human Rights (ECHR) and EU law. It thus provides a scholarly analysis of EU and ECHR migration and refugee law, including the post-Amsterdam legislative measures and their r ... More
This book examines key aspects of European Union (EU) law on immigration and asylum, where EU standards overlap with human rights protections and international refugee law. It focuses on questions of migration status and security of residence, family migration, refugee protection, and immigration detention. The uniting theme is the interaction between established human rights norms, in particular the European Convention on Human Rights (ECHR) and EU law. It thus provides a scholarly analysis of EU and ECHR migration and refugee law, including the post-Amsterdam legislative measures and their recasts, and the Court of Justice’s key post-Amsterdam rulings and corresponding Strasbourg case law. In so doing, it provides important insights into the roles of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) as generators of migrant rights, aiding understanding of their positions and interactions with each other. Integrating doctrinal, empirical, and theoretical material on social membership, global justice, and the construction of ‘illegality’ in migration law into the EU context, it provides a panoramic account of the EU’s role in determining who may reside in the EU, and under what terms.
Keywords:
EU,
asylum,
immigration,
refugees,
human rights,
international refugee law,
human rights pluralism,
Court of Justice of the European Union,
European Court of Human Rights
Bibliographic Information
| Print publication date: 2015 |
Print ISBN-13: 9780199644742 |
| Published to Oxford Scholarship Online: March 2016 |
DOI:10.1093/acprof:oso/9780199644742.001.0001 |
