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The Human Rights of Migrants and Refugees in European Law$
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Cathryn Costello

Print publication date: 2015

Print ISBN-13: 9780199644742

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780199644742.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 September 2020

Destination Europe

Destination Europe

(p.1) 1 Destination Europe
The Human Rights of Migrants and Refugees in European Law

Cathryn Costello

Oxford University Press

Human rights courts, including the ECtHR, often defer to statist border control prerogatives. My central contention is that moving immigration and asylum policy into EU law has transformative potential. That potential is rooted in the EU’s distinctive constitutional and institutional constellation. At the constitutional level, the aim of the creation of an Area of Freedom, Security and Justice has transformative potential. The institutional dimension includes shared competences, minimum standards legislation, and the institutionalization of mutual recognition across the EU. These features of the EU suggest an approach to migrant and refugee rights that transcends the statist paradigm. Whether that promise is met is explored in the body of this book. In engaging with immigration and asylum policy, the EU is engaged in a crucial element of self-definition: the ‘Destination Europe’ of the title refers not only to migrants’ destination but also the political form of the EU.

Keywords:   human rights, migrants, statist migration control prerogatives, sovereignty, Area of Freedom, Security and Justice, shared competences, mutual recognition

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