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.
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