Introduction: Judicial Dialogue on the Return Directive –
Catalyst for Changing Migration Governance?

C 2020

Introduction: Judicial Dialogue on the Return Directive – Catalyst for Changing Migration Governance?

MORARU, Madalina Bianca and Galina CORNELISSE

Basic information

Original name

Introduction: Judicial Dialogue on the Return Directive – Catalyst for Changing Migration Governance?

Authors

MORARU, Madalina Bianca (642 Romania, guarantor, belonging to the institution) and Galina CORNELISSE

Edition

1 edition. UK, Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union, p. 17-41, 25 pp. Modern Studies in European Law, 2020

Publisher

Hart

Other information

Language

English

Type of outcome

Kapitola resp. kapitoly v odborné knize

Field of Study

50501 Law

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

není předmětem státního či obchodního tajemství

Publication form

printed version "print"

References:

Web nakladatele

RIV identification code

RIV/00216224:14220/20:00116753

Organization unit

Faculty of Law

ISBN

978-1-5099-2295-6

Keywords in English

Return Directive; judicial interaction; EU law; CJEU; ECHR

Abstract

V originále

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.

Citovat

MORARU, Madalina Bianca and Galina CORNELISSE. Introduction: Judicial Dialogue on the Return Directive – Catalyst for Changing Migration Governance? In Moraru Madalina, Cornelisse Galina, and de Bruycker Philippe. Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union. 1 edition. UK: Hart, 2020, p. 17-41. Modern Studies in European Law. ISBN 978-1-5099-2295-6.

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   author = {Moraru, Madalina Bianca and Cornelisse, Galina},
   address = {UK},
   booktitle = {Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union},
   edition = {1 edition},
   editor = {Moraru Madalina, Cornelisse Galina, and de Bruycker Philippe},
   keywords = {Return Directive; judicial interaction; EU law; CJEU; ECHR},
   howpublished = {tištěná verze "print"},
   language = {eng},
   location = {UK},
   isbn = {978-1-5099-2295-6},
   pages = {17-41},
   publisher = {Hart},
   title = {Introduction: Judicial Dialogue on the Return Directive – Catalyst for Changing Migration Governance?},
   url = {https://www.bloomsburyprofessional.com/uk/law-and-judicial-dialogue-on-the-return-of-irregular-migrants-from-the-european-union-9781509922956/},
   year = {2020}
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VL  - Modern Studies in European Law
PB  - Hart
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KW  - Return Directive
KW  - judicial interaction
KW  - EU law
KW  - CJEU
KW  - ECHR
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N2  - 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.
ER  -

MORARU, Madalina Bianca and Galina CORNELISSE. Introduction: Judicial Dialogue on the Return Directive – Catalyst for Changing Migration Governance? In Moraru Madalina, Cornelisse Galina, and de Bruycker Philippe. \textit{Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union}. 1 edition. UK: Hart, 2020, p.~17-41. Modern Studies in European Law. ISBN~978-1-5099-2295-6.

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