Fair Immigration Proceedings in Europe deals with international minimum standards for effective and fair immigration proceedings which apply for the region of the European Union. It is the first study to analyze systematically the impact of a wide range of relevant treaties under the UN, the Council of Europe and the European Union on the quality of national immigration proceedings. As a result, a coherent picture has come to the surface, which, despite several lacunae, gives a surprising view of the acquis of binding obligations on EU Member States in this field. Special attention is given to the greater conventions like the Refugee Convention of Geneva, the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the EC Treaty. Because of its systematic structure, the book is readily accessible for quick consultation. It constitutes an important tool for litigation practice and legislation for civil servants, judges, attorneys and researchers. It will also be of interest to academics because of its analysis of the interaction between minimum norms and equal treatment norms when implemented in municipal law.

This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on 'crimmigration'.

More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary.

Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of the SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of the SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System.

What do international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny to be applied and evidentiary issues? To answer that question, an analysis is made of the provisions on national judicial proceedings contained in the Refugee Convention (RC), the International Covenant on Civil and Political Rights (ICCPR), the UN Convention against Torture (CAT), the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In addition, the assessment as performed by the UN Human Rights Committee, the UN Committee against Torture and the European Court of Human Rights in cases concerning the expulsion of asylum seekers is analysed.

Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.

This book provides a comprehensive analysis of EU legislation in the area of legal migration. Five Directives on family reunification, long-term residence, students, researchers and highly qualified migrants are critically assessed. Moreover, the implementation of the Directives in three Member States (Germany, the Netherlands and Sweden) and national legislation in two Member States with an opt-out from EU migration law (the UK and Netherlands) are assessed. This includes national rules on the integration of third-country nationals and access to citizenship. The book calls into question the compliance of several European and national provisions with EU principles of law and international human rights.

The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.