Jump to content
Human Rights Challenges to European Migration Policy / Chapter 3 – Guaranteeing Procedural Standards
Human Rights Challenges to European Migration Policy / Chapter 3 – Guaranteeing Procedural Standards
Contents
Chapter
Expand
|
Collapse
Page
1–14
Titelei/Inhaltsverzeichnis
1–14
Details
15–27
Introduction: Nature and Purpose of this Study
15–27
Details
0.1 Why re-mapping the role of Human Rights in European migration policy?
Details
0.2 What is our understanding of ‘Human Rights’?
Details
0.3 What do we mean by ‘European Migration Policy’?
Details
0.4 What do we mean by the ‘challenges’ identified in each chapter?
Details
0.5 What are the sources of the ‘legal evaluation’ provided in each chapter?
Details
0.6 What is the nature of the ‘recommendations’ provided in each chapter?
Details
28–63
Chapter 1 – Ensuring Access to Asylum
28–63
Details
1.1 Structural challenges and current trends
Details
Trend 1: Avoiding jurisdiction through cooperative externalization of mobility control
Details
Trend 2: Contesting jurisdiction by failing to comply with Human Rights obligations
Details
Trend 3: Transferring jurisdiction by referring migrants to other States
Details
1.2 Legal evaluation
Details
1.2.1 General legal framework regarding access to asylum
Details
1.2.2 Specific issue: Attributing responsibility for acts of third countries
Details
1.2.3 Specific issue: ‘Push-backs’ on the High Seas and at land borders
Details
1.2.4 Specific issue: Entry of vessels into the territorial waters and disembarkation at EU ports
Details
1.2.5 Specific issue: Limits to ‘protection elsewhere’
Details
1.2.6 Specific issue: Allocating asylum jurisdiction within the EU (Dublin system)
Details
1.2.7 Specific issue: International obligations to provide for safe and legal access to asylum?
Details
1.3 Recommendations
Details
Recommendation 1: Strictly condition cooperation with third countries on Human Rights compliance
Details
Recommendation 2: End push-backs and closure of ports
Details
Recommendation 3: Establish a high standard for the assumption of safe third countries
Details
Recommendation 4: Keep the Dublin system flexible to effectively ensure access to asylum
Details
Recommendation 5: Establish safe and legal pathways to asylum in the EU
Details
64–113
Chapter 2 – Ensuring Liberty and Freedom of Movement
64–113
Details
2.1 Structural challenges and current trends
Details
Trend 1: More frequent and systematic use of detention for a wider range of reasons
Details
Trend 2: Increasing use of area-based restrictions not amounting to detention
Details
Trend 3: Persistent pattern of problematic conditions of detention
Details
2.2 Legal evaluation
Details
2.2.1 General framework: The rights to liberty, to freedom of movement, and to adequate treatment
Details
2.2.2 Specific issue: Detention grounds
Details
2.2.3 Specific issue: Border Procedures
Details
2.2.4 Specific issue: Area-based restrictions
Details
2.2.5 Specific issue: Detention conditions
Details
2.3 Recommendations
Details
Recommendation 1: Enact horizontal provisions on detention grounds
Details
Recommendation 2: Prohibit ‘border procedures’ based on detention
Details
Recommendation 3: Specify legal safeguards for area-based restrictions
Details
Recommendation 4: Ensure adequate conditions in immigration detention and reception centers
Details
Recommendation 5: Prohibit detention of persons in situations of particular vulnerability
Details
114–142
Chapter 3 – Guaranteeing Procedural Standards
114–142
Details
3.1 Structural challenges and current trends
Details
Trend 1: Denial of procedural standards for decisions on admission
Details
Trend 2: Deportation procedures without adequate procedural guarantees
Details
Trend 3: Blurring accountability by agencification of EU migration policy
Details
3.2 Legal evaluation
Details
3.2.1 General framework
Details
3.2.2 Specific issue: Application of procedural standards on visa decisions
Details
3.2.3 Specific issue: Decisions on territorial admission at land and sea borders
Details
3.2.4 Specific issue: Scope of procedural safeguards in the Return Directive
Details
3.2.5 Specific issue: Monitoring of deportations by EU Member States
Details
3.2.6 Specific issue: Accountability of EU agencies
Details
3.3 Recommendations
Details
Recommendation 1: Provide comprehensive procedural safeguards for visa applications
Details
Recommendation 2: Clarify and strengthen procedural guarantees at the borders
Details
Recommendation 3: Guarantee sufficient procedural rights when terminating residence
Details
Recommendation 4: Guarantee a right to an effective remedy against EU agencies
Details
143–173
Chapter 4 – Preventing Discrimination
143–173
Details
4.1 Structural challenges and current trends
Details
Trend 1: Increasing sectoral divergence within the Europeanized fields of legal migration
Details
Trend 2: Contradictory policy choices in respect of the asylum status in the EU
Details
4.2 Legal evaluation
Details
4.2.1 General framework: Three objectionable grounds of distinction among migrants (‘race’, nationality, immigration status)
Details
4.2.2 Specific issue: Privileged and non-privileged nationalities in EU migration law
Details
4.2.3 Specific issue: Differential treatment in respect of social assistance
Details
4.2.4 Specific issue: Differential treatment among beneficiaries of international protection
Details
4.3 Recommendations
Details
Recommendation 1: Systematically ensure non-discrimination regarding social assistance
Details
Recommendation 2: Eliminate any discrimination among persons granted international protection
Details
Recommendation 3: Follow a legislative approach guided by the ‘Leitbild’ of status equality
Details
174–207
Chapter 5 – Preserving Social and Family Ties
174–207
Details
5.1 Structural challenges and current trends
Details
Trend 1: Requirements of socio-cultural integration are used to deny family reunification
Details
Trend 2: Settled migrants are subject to security-driven policies of expulsions
Details
Trend 3: Efforts to enforce irregular migrants’ return disregard their social and family ties
Details
5.2 Legal evaluation
Details
5.2.1 General framework: protection of migrants’ family and social ties
Details
5.2.2 Specific issue: integration requirements restricting family reunifications
Details
5.2.3 Specific issue: protection of settled migrants’ right to abode
Details
5.2.4 Specific issue: obligations to regularize irregular migrants
Details
5.3 Recommendations
Details
Recommendation 1: Prohibit integration requirements that amount to violations of the right to family reunification
Details
Recommendation 2: Facilitate access to the status provided by the Long-term Residents Directive
Details
Recommendation 3: Develop a comprehensive legislative framework on regularizations
Details
208–242
Chapter 6 – Guaranteeing Socio-Economic Rights
208–242
Details
6.1 Structural challenges and current trends
Details
Trend 1: Policies to prevent movements of asylum-seekers within the EU build on planned destitution
Details
Trend 2: Measures to enforce returns rely on creating ‘hostile environments’
Details
Trend 3: Persistent pattern of exploitation of irregular migrants in informal labor relations
Details
6.2 Legal evaluation
Details
6.2.1 General legal framework regarding human dignity of margizens
Details
6.2.2 General legal framework regarding labor rights of irregular migrant workers
Details
6.2.3 Specific issue: Human Rights limits to sanctioning ‘secondary movements’
Details
6.2.4 Specific issue: Human Rights limits to sanctioning non-cooperation in return proceedings
Details
6.2.5 Specific issue: Human Rights obligations to combat exploitation of irregular migrants
Details
6.3 Recommendations
Details
Recommendation 1: Stop using restrictions to socio-economic rights to sanction ‘secondary movements’ of asylum seekers
Details
Recommendation 2: Provide equal treatment between asylum seekers and irregular migrants in respect of socio-economic rights
Details
Recommendation 3: Adopt a rights-based approach toward undocumented irregular migrants to better protect them from exploitation and forced labor
Details
243–266
Chapter 7 – Fostering Human Rights Infrastructure
243–266
Details
7.1 Structural challenges and current trends
Details
Trend 1: Criminalization of civil society actors supporting migrants
Details
Trend 2: Populist pressure on judges protecting the rights of migrants
Details
Trend 3: Challenges to the ECtHR as a guardian of migrants’ Human Rights
Details
7.2 Legal evaluation
Details
7.2.1 General legal framework regarding Human Rights infrastructure
Details
7.2.2 Specific issue: Criminalization of private actors involved in SAR activities and other migrants’ Human Rights defenders in civil society
Details
7.2.3 Specific issue: Requirements to strengthen migrants’ Human Rights defenders
Details
7.2.4 Specific Issue: Obligations and options to ensure the independence of judges deciding on migration law cases
Details
7.3 Recommendations
Details
Recommendation 1: Strengthen migrants’ Human Rights defenders by amending the Facilitation Directive and adopting consistent EU supporting policies
Details
Recommendation 2: Take a firm stance on violations of EU migration law
Details
Recommendation 3: Strengthen the role of the ECtHR as a ‘migrants court’ by acceding to the ECHR
Details
267–290
Summary
267–290
Details
1. Ensuring Access to Asylum
Details
2. Ensuring Liberty and Freedom of Movement
Details
3. Guaranteeing Procedural Standards
Details
4. Preventing Discrimination
Details
5. Preserving Social and Family Ties
Details
6. Guaranteeing Socio-Economic Rights
Details
7. Fostering Human Rights Infrastructure
Details
291–292
Annex: Panel of Experts
291–292
Details
Individual Experts
Details
Expert Institutions
Details
Durchsuchen Sie das Werk
Geben Sie ein Keyword in die Suchleiste ein
CC-BY-NC-ND
Access
Human Rights Challenges to European Migration Policy , page 114 - 142
Chapter 3 – Guaranteeing Procedural Standards
Autoren
Jürgen Bast
Frederik von Harbou
Janna Wessels
DOI
doi.org/10.5771/9783748926740-114
ISBN print: 978-3-8487-8244-4
ISBN online: 978-3-7489-2674-0
Chapter Preview
Chapter Preview
Share
Current chapter
Complete document
Download citation
RIS
BibTeX
Copy DOI link
doi.org/10.5771/9783748926740-114
Share by email
Video schließen
Share by email Nomos eLibrary
Recipient*
Sender*
Message*
Your name
Send message
This site is protected by reCAPTCHA and the Google
Privacy Policy
and
Terms of Service
apply.
