Modern studies in European law ; volume 99.
"This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Prologue : The Genesis of the EU's Return Policy / Fabian Lutz Introduction : Judicial Dialogue on the Return Directive : Catalyst for Changing Migration Governance? / Galina Cornelisse and Madalina Moraru The Scope of the Return Directive : How Much Space is Left for National Procedural Law on Irregular Migration? / Galina Cornelisse Return Decisions and Domestic Judicial Practices : Is Spain Different? / Cristina Gortázar Rotaeche Voluntary Departure as a Priority : Challenges and Best Practices / Ulrike Brandl The Legal Requirements of the Entry Ban : Th e Role of National Courts and Dialogue with the Court of Justice of the European Union / Aniel Pahladsingh Judicial Dialogue in Action : Making Sense of the Risk of Absconding in the Return Procedure / Madalina Moraru Cypriot Courts, the Return Directive and Fundamental Rights : Challenges and Failures / Corina Demetriou and Nicos Trimikliniotis Alternatives to Immigration Detention in International and EU Law Control Standards and Judicial Interaction in a Heterarchy / Evangelia (Lilian) Tsourdi Scope and Intensity of Judicial Review : Which Power for Judges within the Control of Immigration Detention? / Adam Blisa and David Kosař The Civil Judge as Administrator of Return Detention : The Case of Germany / Jonas Bornemann and Harald Dörig The Administrative Judge as a Detention Judge : The Case of Lithuania / Irmantas Jarukaitis and Agnė Kalinauskaitė Detention of Migrants in Belgium and the Criminal Judge : A Lewis Carroll World / Sylvie Sarolea Can the Return Directive Contribute to Protection for Rejected Asylum Seekers and Irregular Migrants in Detention? : The Case of Greece / Angeliki Papapanagiotou-Leza and Stergios Kofinis Can a Justice of the Peace be a Good Detention Judge? : The Case of Italy / Alessia Di Pascale Duality of Jurisdiction in the Control of Immigration Detention : The Case of France : Trois Hautes Juridictions Nationales pour une Directive : Une Interaction Judiciaire en Trompe l'oeil / Serge Slama The Right to be Heard : The Underestimated Condition for Effective Returns and Human Rights Consideration / Valeria Ilareva Impact of Judicial Dialogue(s) on Development and Affirmation of the Right to Effective Legal Remedy from Articles 13 and 14 of the Return Directive / Boštjan Zalar A Lawyer's Perspective on Access to Classified Evidence in Return Cases : A View from Poland / Jacek Białas The Return of the Children / Carolus Grütters Unremovability under the Return Directive : An Empty Protection? / Jean-Baptiste Farcy The Prohibition of Collective Expulsion as an Individualisation Requirement / Luc Leboeuf and Jean-Yves Carlier.