This chapter explores EU law on immigration and asylum. It first describes the basic legal framework for the adoption of EU rules on immigration and asylum, as amended by the Treaty of Lisbon. It then discusses the rules for visas and border control, irregular migration, legal migration, and asylum. The main themes of the chapter are the gradual move towards greater EU involvement in this field of law—including the increasing role of the CJEU—and an ongoing tension between concerns about security and control of migration on the one hand, and the protection of migrants’ rights on the other.
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25. Immigration and asylum
Steve Peers
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37. Border criminology and the changing nature of penal power
Mary Bosworth
This chapter describes the field of ‘border criminology’, which examines the growing convergence between criminal justice and immigration control. It starts with an overview of the global immigration and asylum context before outlining key ideas and areas of scholarship within border criminology. It then turns to look more closely at penal power, drawing on fieldwork and policy analysis to explore the methodological and epistemological implications for criminology of examining citizenship and migration. It ends by arguing for greater engagement with the challenges and effects of mass mobility. As the impact of a decision to arrest in any street in Britain may be felt in countries far away, it is time for criminologists to take into account more explicitly the global nature of criminal justice and reflect on its implications for how and what we study.
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13. Free movement of natural persons and citizenship of the Union
Catherine Barnard
This chapter discusses EU law on the free movement of persons. It shows how the EU judiciary and legislature have responded to some of the challenges raised by EU migration. It highlights the following themes: the erosion of the requirement of an interstate element; how little it takes to establish an obstacle to free movement and thus a breach by the state of EU law; the need for the state to establish a justification in order to preserve state interests, but notes that what the state can do to protect that interest is curtailed by the principles of human rights and proportionality. It shows that the Court views cases on the free movement of natural persons through a citizenship lens and thus is more willing to embrace a human rights dimension than it would be in cases on free movement of legal persons.
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26. International Refugee and Migration Law
Geoff Gilbert and Anna Magdalena Rüsch
This chapter explores the definition of refugee status in international law, its scope and limitations and consequent protection gaps for those forcibly displaced, including internally displaced persons (IDPs), who have crossed no international border. There is no equivalent definition for migrants, but like refugees, asylum-seekers, and IDPs, international human rights law provides a framework for their protection. The chapter explains the difference between refugee status and asylum, focusing on non-refoulement in international law. It discusses the rights that are guaranteed during displacement, particularly those pertaining to detention and humanitarian relief. Given that refugee status is intended to be temporary, the final section looks at cessation and durable solutions, either following voluntary return, through local integration, or resettlement in some third State.
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28. International Refugee and Migration Law
Geoff Gilbert and Anna Magdalena Bentajou
This chapter explores the definition of refugee status in international law, its scope and limitations and consequent protection gaps for those forcibly displaced, including internally displaced persons (IDPs), who have crossed no international border. There is no equivalent definition for migrants, but like refugees, asylum-seekers, and IDPs, international human rights law provides a framework for their protection. The chapter explains the difference between refugee status and asylum, focusing on non-refoulement in international law. It discusses the rights that are guaranteed during displacement, particularly those pertaining to detention and humanitarian relief. Given that refugee status is intended to be temporary, the final section looks at cessation and durable solutions, either following voluntary return, through local integration, or resettlement in some third State.
