Europe is currently experiencing a "refugee crisis", demonstrated
by millions of displaced people unseen since World War II. This
book examines the interface between the EU's response to irregular
flows, in particular the main extraterritorial border and migration
controls taken by the Member States, and the rights asylum seekers
acquire from EU law. "Remote control" techniques, such as the
imposition of visas, fines on carriers transporting
unsatisfactorily documented third-country nationals, and
interception at sea are investigated in detail in a bid to assess
the impact these measures have on access to asylum in the EU. The
book also thoroughly analyses the rights recognised by the EU
Charter of Fundamental Rights to persons in need of international
protection, inclusive of the principle of non-refoulement, the
right to leave any country including one's own, the right to
asylum, and the right to remedies and effective judicial
protection. The fundamental focus of the book is the relationship
between the aforementioned border and migration controls and the
rights of asylum seekers and, most importantly, how these rights
(should) limit the scope of such measures and the ways in which
they are implemented. The ultimate goal is to conclude whether the
current series of extraterritorial mechanisms of pre-entry vetting
is compatible in EU law with the EU rights of forced migrants.
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Review This Product
BORDER CONTROLS AND REFUGEE RIGHTS:
Mon, 16 Oct 2017 | Review
by: Phillip T.
BORDER CONTROLS AND REFUGEE RIGHTS:
A SCHOLARLY, DETAILED AND UP-TO-DATE ANALYSIS
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”
To say that Europe is now impaled on the horns of a dilemma over the issue of migrants and asylum seekers is probably an unlikely and admittedly, an unsuitable metaphor. It certainly understates the extent of the manifold problems, and the often, dire consequences, both practical and moral, engendered by the influx of millions of refugees seeking safety, refuge and generally, a better life in Europe.
One of the most recent titles from the Oxford University Press, this book grapples with the core of the EU’s dilemma in all its complexity. To perhaps over-simplify, asylum seekers have rights acquired from European Union law.
‘The law is already there,’ says author Violetta Moreno-Lax, whose research into the diverse and various aspects of this problem goes back about ten years. She provides a necessarily dense, detailed and quite illuminating analysis of the rights recognized by the EU Charter of Fundamental Rights to persons in need of international protection.
The bulk of the book discusses the principle known as ‘non-refoulement’ which includes such rights as the right to asylum and the right to judicial protection. The author presents detailed arguments and of course, obvious evidence that there is a conspicuous incompatibility between these principles and the various policies -- most of them stringent and often deemed necessary -- which influence the realities of border control; primarily ‘pre-entry vetting’ and other mechanisms of policing the borders of a state.
The ultimate goal of the book, says the author, is to reach a conclusion as to whether ‘the current series of extra-territorial mechanisms of pre-entry vetting is compatible in EU law with the EU rights of refugees and forced migrants.’
One of the latest titles in the OUP’s ‘Oxford Studies in European Law’ series, this is book is timely indeed as it seeks to shine the light of scrutiny on any number of critical issues concerning specific EU policies which affect refugee rights.
As the problems it tackles are, at the moment, well-nigh insoluble, it makes an important -- and in fact, vital -- contribution to the overall debate on, in the author’s words, ‘the intersection between borders, security and asylum.’
Researchers, practitioners and policy makers will find that this book, with its wealth of research references, provides convincing arguments in favour of human rights-based solutions to a range of almost intractable problems generated by the current refugee crisis.
The publication date is cited as at 17th August 2017.
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