La Politique Europeenne D Immigration Et D Asile Bilan Critique Cinq Ans Apres Le Traite D Amsterdam the European Immigration and Asylum Policy Critical Assessment Five Years After the Amsterdam Treaty 2005 Isbn 2 8027 2082 1 Pags 45 76, 2005
Immigration and Asylum Law in the Eu Current Debates Actualite Du Droit Europeen De L Immigration Et De L Asile 2005 Isbn 2 8027 1927 0 Pags 431 436, 2005
... Autores: Nathalie Jouant; Localización: Immigration and asylum law in the EU : current debate... more ... Autores: Nathalie Jouant; Localización: Immigration and asylum law in the EU : current debates = Actualité du droit européen de l'immigration et de l'asile / coord. por Jean-Yves Carlier, Philippe de Bruycker, 2005, ISBN 2-8027-1927-0 , págs. 236-239. Fundación Dialnet. ...
The paradox between the need for international labour migration to counter the impending demograp... more The paradox between the need for international labour migration to counter the impending demographic crisis in Europe and the lack of commensurate policy instruments to attract and integrate labour migration from third countries into the EU is one of the key strategic issues for Europe. Upon request by the LIBE committee, this research paper reviews the social and economic context of EU international labour migration policy, the status of relevant EU legislation and the available policy options from a comprehensive labour market perspective, as well as their feasibility. These options for opening up legal labour migration channels to the EU should be considered in the framework of the ongoing discussion over the European Agenda on Migration.
The European asylum system is a relatively advanced regional protection framework, in both legisl... more The European asylum system is a relatively advanced regional protection framework, in both legislative and policy terms. However, that same system lacks a mechanism to distribute responsibility fairly among the Member States, as well as legal avenues by which persons in need of protection can access it. To the backdrop of the Syrian crisis and the rising toll of migrant deaths in the Mediterranean Sea, this brief analyses achievements and shortcoming in the area of solidarity and fair-sharing of responsibility between Member States, as well as the external dimension of EU’s common asylum system. In view of the adoption by the European Commission of a “European Agenda on Migration”, it offers tangible ideas for EU policy action that could meaningfully develop this policy and help address the humanitarian tragedy on the EU’s borders.
The G. and R. case came as a surprise to immigration lawyers in the context of the EU Returns Dir... more The G. and R. case came as a surprise to immigration lawyers in the context of the EU Returns Directive. The Court of Justice found that the failure to hear a third-country national in the course of proceedings relating to an extension of the pre-removal detention period, does not automatically lead to the release of that person. According to the Court, where the extension of a detention measure has been decided in an administrative procedure in breach of the right to be heard, a national judge may order the release only if the infringement deprived the TCN concerned of the possibility of arguing his defence better, to the extent that the outcome of that administrative procedure could have been different. How is this possible? In fact, the ECJ extended its classic case law on the consequences of the infringement of the right to be heard by European institutions in the field of the internal market (in particular competition) law to immigration detention. This extension raises several questions, most importantly on the extent of the procedural autonomy of Member States in administrative detention procedures under the Returns Directive. Therefore, in our paper, we focus, first, on this issue, on which the Court and the Advocate General disagreed. Second, we critically examine the reasoning of the Court in extending its case law on the right to be heard on the basis of the “effet utile” of the Returns Directive.
This report constitutes a significant pooling of knowledge on the law and practice on detention d... more This report constitutes a significant pooling of knowledge on the law and practice on detention decision-making and alternatives to detention in 6 EU Member States (Austria, Belgium, Lithuania, Slovenia, Sweden and the United Kingdom). In addition, it includes legal research on the scope of Member States’ obligations to implement alternatives to immigration detention under international, European (i.e. Council of Europe) and EU law. It advances an understanding of what alternatives to immigration detention are, bearing in mind the above-mentioned legal frameworks and in particular the precisions that were brought about by the Return Directive and the Recast Reception Conditions Directive.
La Politique Europeenne D Immigration Et D Asile Bilan Critique Cinq Ans Apres Le Traite D Amsterdam the European Immigration and Asylum Policy Critical Assessment Five Years After the Amsterdam Treaty 2005 Isbn 2 8027 2082 1 Pags 45 76, 2005
Immigration and Asylum Law in the Eu Current Debates Actualite Du Droit Europeen De L Immigration Et De L Asile 2005 Isbn 2 8027 1927 0 Pags 431 436, 2005
... Autores: Nathalie Jouant; Localización: Immigration and asylum law in the EU : current debate... more ... Autores: Nathalie Jouant; Localización: Immigration and asylum law in the EU : current debates = Actualité du droit européen de l'immigration et de l'asile / coord. por Jean-Yves Carlier, Philippe de Bruycker, 2005, ISBN 2-8027-1927-0 , págs. 236-239. Fundación Dialnet. ...
The paradox between the need for international labour migration to counter the impending demograp... more The paradox between the need for international labour migration to counter the impending demographic crisis in Europe and the lack of commensurate policy instruments to attract and integrate labour migration from third countries into the EU is one of the key strategic issues for Europe. Upon request by the LIBE committee, this research paper reviews the social and economic context of EU international labour migration policy, the status of relevant EU legislation and the available policy options from a comprehensive labour market perspective, as well as their feasibility. These options for opening up legal labour migration channels to the EU should be considered in the framework of the ongoing discussion over the European Agenda on Migration.
The European asylum system is a relatively advanced regional protection framework, in both legisl... more The European asylum system is a relatively advanced regional protection framework, in both legislative and policy terms. However, that same system lacks a mechanism to distribute responsibility fairly among the Member States, as well as legal avenues by which persons in need of protection can access it. To the backdrop of the Syrian crisis and the rising toll of migrant deaths in the Mediterranean Sea, this brief analyses achievements and shortcoming in the area of solidarity and fair-sharing of responsibility between Member States, as well as the external dimension of EU’s common asylum system. In view of the adoption by the European Commission of a “European Agenda on Migration”, it offers tangible ideas for EU policy action that could meaningfully develop this policy and help address the humanitarian tragedy on the EU’s borders.
The G. and R. case came as a surprise to immigration lawyers in the context of the EU Returns Dir... more The G. and R. case came as a surprise to immigration lawyers in the context of the EU Returns Directive. The Court of Justice found that the failure to hear a third-country national in the course of proceedings relating to an extension of the pre-removal detention period, does not automatically lead to the release of that person. According to the Court, where the extension of a detention measure has been decided in an administrative procedure in breach of the right to be heard, a national judge may order the release only if the infringement deprived the TCN concerned of the possibility of arguing his defence better, to the extent that the outcome of that administrative procedure could have been different. How is this possible? In fact, the ECJ extended its classic case law on the consequences of the infringement of the right to be heard by European institutions in the field of the internal market (in particular competition) law to immigration detention. This extension raises several questions, most importantly on the extent of the procedural autonomy of Member States in administrative detention procedures under the Returns Directive. Therefore, in our paper, we focus, first, on this issue, on which the Court and the Advocate General disagreed. Second, we critically examine the reasoning of the Court in extending its case law on the right to be heard on the basis of the “effet utile” of the Returns Directive.
This report constitutes a significant pooling of knowledge on the law and practice on detention d... more This report constitutes a significant pooling of knowledge on the law and practice on detention decision-making and alternatives to detention in 6 EU Member States (Austria, Belgium, Lithuania, Slovenia, Sweden and the United Kingdom). In addition, it includes legal research on the scope of Member States’ obligations to implement alternatives to immigration detention under international, European (i.e. Council of Europe) and EU law. It advances an understanding of what alternatives to immigration detention are, bearing in mind the above-mentioned legal frameworks and in particular the precisions that were brought about by the Return Directive and the Recast Reception Conditions Directive.
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Papers by Philippe DE BRUYCKER