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Bringing together contributions from legal scholars and practitioners, this book contributes to a broader reflection on the extent to which policy controversies on humanitarian admission to Europe are channeled and managed through law. The book is divided into four parts. The first part identifies the international and European legal obligations that are binding on both the EU and the Member States, and the constraints they impose - potentially and actually - when dealing with migrants who are outside EU territory. The second part studies the legal framework of humanitarian admission in three Member States (Germany, Italy and Belgium), as well as the related procedures and practices. The third part focuses on the experiences of those seeking humanitarian admission, including how they mobilise the law to obtain legal access to Europe. It presents the results of ethnographic fieldwork conducted among refugees in a refugee camp in Uganda who are seeking resettlement, as well as the testimony of the lawyer who defended a Syrian family applying for a humanitarian visa in Belgium in a landmark case that was litigated before the CJEU (X and X v Belgium). The fourth part discusses the prospects for future developments in the EU legal and policy framework, including attempts at reforming the EU Visa Code and establishing a Union resettlement framework.
Introduction: Humanitarian Admission to Europe. From Policy Developments to Legal Controversies and Litigation Luc Leboeuf and Marie-Claire Foblets Humanitarian Admission Under International and EU Law. The Right to Asylum and its Paradoxes Part 1. Chapter 1: Humanitarian Admission Under Universal Human Rights Law: Some Observations Regarding the International Covenants Dirk Hanschel Chapter 2: Humanitarian Admission and the Charter of Fundamental Rights Stephanie Law Chapter 3: Is Access to Asylum the Same as Access to Justice? Sylvie Sarolea Humanitarian Admission Under Domestic Law. Between Formalised Procedures and Informal Practices Part 2. Chapter 4: Humanitarian Admission to Italy through Humanitarian Visas and Corridors Katia Bianchini Chapter 5: Humanitarian Admission to Germany - Access vs. Rights ? Pauline Endres de Oliveira Chapter 6: Humanitarian Admission to Belgium Serge Bodart Claiming Humanitarian Admission. Survival Strategies and Litigation Attempts Part 3. Chapter 7: Unpacking Vulnerability: An Ethnographic Account of the Challenges of Implementing Resettlement Programmes in a Refugee Camp in Uganda Sophie Nakueira Chapter 8: Making the Case X&X for the Humanitarian Visa Tristan Wibault Some Future Prospects on Humanitarian Admission to Europe Part 4. Chapter 9: The Objective of Resettlement in an EU Constitutional Perspective Catharina Ziebritzki Chapter 10: EU Initiatives on a European Humanitarian Visa Eugenia Relano Pastor Conclusion: The Role of the Judge in Controlling the Genuine Enjoyment of the Substance of the Rights Jean-Yves Carlier
Author(s) | Edited by Marie-Claire Foblets (Max Planck Institute for Social Anthropology, Germany), Dr Luc Leboeuf (Max Planck Institute for Social Anthropology). |
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Publisher | Bloomsbury Publishing PLC |
ISBN | 9781509939671 |
Format | Hardback |
Pages | 384 |
Published in | United Kingdom |
Published | 25 Jun 2020 |
Availability | Available |
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