Table of Contents: I. EU’s shifting borders: an introduction. – II. Protecting borders and respecting human rights. – II.1. How to reconcile diverging constitutional objectives in light of hybridity and informality? – II.2. Which way forward with accountability? – III. EU’s external borders: of administrative integration and the physical and legal...
Table of Contents: I. Introduction. – II. Quantitative analysis and scope of judicial competence in the external dimension of EU immigration and asylum policies. – III. Substantive inputs from the Court of Justice’s case-law on the external dimension of EU immigration and asylum policies. – IV. What is the Court of Justice’s role in this external...
Table of Contents: I. Introduction. – II. “Immigration courts as border zones”: courts and judicial interactions in the field of irregular migration. – III. ”Is it a crime to be a foreigner?”: courts reconfiguring the borders between criminal law and the return directive. – IV. Detention as a tool to “reconfigure and relocate national borders”:...
Table of Contents: I. Introduction. – II. Subsidiarity. – II.1. Subsidiarity and the exercise of the Union’s external competences. – II.2. The Union’s readmission policy to the test of subsidiarity. – III. Institutional balance. – III.1. Institutional balance in the area of readmission according to the Treaties. – III.2. The Union’s readmission...
Table of Contents: I. Introduction. – II. Theoretical framework. – III. Frontex’s bumpy road towards fundamental rights protection. – IV. The Consultative Forum’s contribution to Frontex’s accountability. – IV.1. Political accountability. – IV.2. Legal accountability. – IV.3. Administrative accountability. – IV.4. Social accountability. – V....
Table of Contents: I. Introduction. – II. Shedding the light on the hotspots approach: legal framework and actors. – II.1. Legal and policy framework of the hotspots. – II.2. Main actors involved in the hotspots. – III. The fundamental rights violations in the hotspots and their reporting. – III.1. Which fundamental rights are being violated? – III....
Table of Contents: I. Introduction. – II. Agencies and agencification. – III. Engagement in Greece in light of push backs and suspension of asylum law. – IV. Involvement at the Hungarian-Serbian border. – V. Expanding competences. – V.1. Standing corps of 10.000 border guards. – V.2. Returns. – VI. Responsibility implications. – VI.1. Liability in...
On the 1st of March, speaking in front of the European Parliament, the President of the European Commission, Ms. Von der Leyen, delivered an engaging statement: “our Union, for the first time ever, is using the European budget to purchase and deliver military equipment to a country that is under attack” (European Commission, Speech by President von der Leyen at the European...
Table of Contents: I. Introduction. – II. Passalacqua’s theory of EU legal mobilization. – III. The Coleman v Attridge litigation. – III.1. Altruism. – III.2. Euro-expertise. – III.3. An open EU legal opportunity structure. – IV. Coleman contributes to a new interpretation of national law. – V. EU legal mobilization in theory and...
Table of Contents: I. Introduction: when European and constitutional law collide. – II. Constitutional pluralism and the idea of an appeal court. – III. From Karlsruhe to Luxembourg and back: OMT and PSPP. – IV. The many faces of proportionality. – V. Proportionality in the PSPP decision of the FCC. – VI. Discussion. – VII. Conclusion: a...
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