Violeta Moreno-Lax

SECURITIZATION OF SEARCH AND RESCUE AT SEA: THE RESPONSE TO BOAT MIGRATION IN THE MEDITERRANEAN AND OFFSHORE AUSTRALIA

This article compares the law and practice of the European Union and Australia in respect to the search and rescue (SAR) of boat migrants, concluding that the response to individuals in peril at sea in both jurisdictions is becoming increasingly securitized. This has led to the humanitarian purpose of SAR being compromised in the name of border security. Part I contrasts the unique challenge posed by SAR operations involving migrants and asylum seekers, as opposed to other people in distress at sea. Part II analyses the relevant international legal regime governing SAR activities and its operation among European States and in offshore Australia. Part III introduces the securitization framework as the explanatory paradigm for shifting State practice and its impact in Europe and Australia. It then examines the consequences of increasing securitization of SAR in both jurisdictions and identifies common trends, including an increase in militarization and criminalization, a lack of transparency and accountability, developments relating to disembarkation and non-refoulement , and challenges relating to cooperation and commodification.

Solidarity’s Reach: Meaning, Dimensions, and Implications for EU (External) Asylum Policy

Solidarity has a key role to play in the allocation of responsibility for refugee protection, as is implied by Article 80 TFEU. Yet, EU law fails to provide a definition and a clear indication of what it entails, especially as for its external reach. Against this background, this article embarks on a theoretical/practical investigation of the normative bases of ‘EU solidarity’. Building on a cosmopolitan vision, it unpacks the multi-polar/multi-functional nature of the concept, as a founding value and constitutional (meta-)principle of EU law. In such a guise, it will posit that solidarity gives rise to an (autonomous) primary law duty of responsibility sharing/good faith cooperation that requires ‘fairness’ and ‘respect for fundamental rights’, as a uniform/all-pervading structural command generally applicable across policy fields. So configured, solidarity governs intra/extra-EU relations (based on the principle of coherence). The institutional, material, and procedural aspects of solidarity are thus explored to distil its horizontal, vertical, and systemic facets. Combined, they arguably produce a triple duty of conduct, loyalty, and result that permeates EU integration as a whole, calling into question the self-serving approach currently guiding the Common European Asylum System’s (CEAS) ‘external dimension’, as exemplified by the EU-Turkey ‘deal’.

EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition

Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. Also available as a set of 3 volumes see isbn 9789004222304

The EU Charter of Fundamental Rights and Immigration and Asylum Law

The tension between a rights-based approach to immigration and asylum policy and states’ desire to control their borders and populations as an essential aspect of their sovereignty is well-known. Inevitably, when the European Union (EU) institutions finally, after decades of discussion, decided to draw up a European Union Charter of Fundamental Rights, immigration and asylum matters proved to be controversial issues. With the enhanced legal effect of the Charter resulting from the entry into force of the Treaty of Lisbon, and the subsequent pre-eminence of the Charter in the relevant case law of the Court of Justice, the Charter is now playing a significant role in the development of EU immigration and asylum law.

Of Autonomy, Autarky, Purposiveness and Fragmentation: The Relationship between eu Asylum Law and International Humanitarian Law

Taking account of the specificities of the European Union (EU) legal order and drawing on the jurisprudence of the relevant courts at European and international level, this chapter advocates for a return to the basics of treaty interpretation, as a way to solving the interpretative impasse. It proposes a method of systemic and (meta-)teleological construction, relying on the human rights standards contained in the Charter of Fundamental Rights and the founding values of the organisation.This demonstrates that autonomy and purposiveness in the interpretation of specialised rules do not automatically amount to autarky and fragmentation. The autonomous reading of EU asylum law does not produce a conflict of norms with international humanitarian law (IHL) that would require the invocation of the lex specialis standard, in either of the acceptions identified by the International Law Commission. Keywords: European Union (EU) asylum law; human rights; international humanitarian law (IHL); International Law Commission

Intra-Corporate Transferees

Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. Also available as a set of 3 volumes see isbn 9789004222304

The Returns Directive

Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. Also available as a set of 3 volumes see isbn 9789004222304

Social Security Coordination

Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. Also available as a set of 3 volumes see isbn 9789004222304

Admission of Researchers

Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. Also available as a set of 3 volumes see isbn 9789004222304

The “Blue Card” Directive

Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. Also available as a set of 3 volumes see isbn 9789004222304