Whose Freedom, Security and Justice?: EU Immigration and Asylum Law and Policy

Description

This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

Anneliese Baldaccini is a Committee Specialist for the House of Lords European Union Committee. Elspeth Guild is Professor of European Immigration Law at the University of Nijmegen, Netherlands, and also a partner at the London law firm Kingsley Napley. Helen Toner is an Associate Professor in the School of Law, University of Warwick.

The range of contributors, their expert knowledge and the ability of many of the contributors to go beyond a discussion of the text of legal instruments, to understand their impact on migrants and asylum is why this is an interesting book. For any reader seeking a detailed understanding of the recent evolution of EU law in this area, the book represents a useful contribution. Dr Sonia McKay Transfer Vol 13, No 3, Autumn 2007 The first (huge) merit of this collection of extremely high-level essays is that it takes on the entire issue and gives a general overview to shed light across the board...The other major interest of the book is that all the authors make a no-holds-barred critical analysis, with many criticising the authoritarian and discretionary nature of EU policies. MT European Library No 9528/751, Oct 07 How can the authors analyse the post-Tampere developments toward the harmonisation of ' freedom, security and justice ' for all asylum seekers when the meaning of post-Tampere dignity through 'freedom', 'security' and 'justice' remains elusive?...The dilemma is ably grappled and readers looking for insightful, if somewhat pessimistic, reflections on this issue will welcome this collection. Lisa Yarwood International Journal of Refugee Law vol 20, no 2, July 2008 This collection of essays is certainly one of the outstanding contributions to the rapidly developing EU law on migration and asylum law and policy. Kay Hailbronner Common Market Law Review Vol 45 issue 4 ... this books is a serious and encyclopedic text. It explains and critiques how we got to where we are now in relation to EU free movement, immigration and asylum law. The format, a collection of essays, allows different views and perspectives to be expressed. Despite the passage of time since its publication, this book remains relevant and is important reading for persons interested in European immigration and asylum law and policy as academics, law makers, policy makers or campaigners. It also contains much practical information (such as case law and possible arguments) of interested and use to practicing lawyers and the judiciary. Nathalia Berkowitz Journal of Immigration, Asylum and Nationality Law Volume 24, Issue 2