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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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Illegally Staying in the EU: An Analysis of Illegality in EU Migration Law


ISBN13: 9781509939848
To be Published: June 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £30.00
Hardback edition , ISBN13 9781509912872



Principally, this book comprises a conceptual analysis of the illegality of a third-country national's stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants.

The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant's stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality (both instrumental and corrective). In doing so it draws out another trend evident in the EU illegality regime: a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes.

Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.

Subjects:
Immigration, Asylum, Refugee and Nationality Law
Contents:
1. 'What Part of Illegality Don't You Understand?': Illegality in EU Migration Law
I. Introduction
II. Conceptual Analysis
III. Legal Sources
IV. EU Institutional Framework
V. Conclusion
2. The Case of Unlawfully-staying EU Citizens
I. Introduction
II. Illegally-staying Third-country Nationals and Unlawfully-staying EU Citizens
III. Conclusion
3. Non-removable Migrants in the EU
I. Introduction
II. The Definition and the Causes of the Non-removability of Irregular Migrants in EU Law
III. The Atypical Status of Non-removable Irregular Migrants
IV. The Remedies for Non-removability: National and European Perspectives
V. Conclusion
4. The Potential Effects of Information Technology Vis-à-Vis Illegality
I. Introduction
II. EU Immigration Databases Under Construction
III. The Erosion of the Purpose Limitation Principle
IV. Enhanced Accessibility versus Proportionality and Necessity Concerns
V. From Immigration to General Intelligence Databases?
VI. What's Next for Immigration Information Systems? A Brand New World of Transnational Surveillance of Illegality or the Same Old Story?
VII. The Era of Potential Digital Criminalisation of Illegally-staying Third-country Nationals
VIII. Conclusion
5. Access to Legality in the EU: An Instrumental or Corrective Mechanism?
I. Introduction
II. Access to Legality in EU Migration Law: The Definition, Instrumental Use and Corrective Potential
III. Part I: The Instrumentalisation of the Access to Legality
IV. Part II: The Potential Corrective Role of Access to Legality at the Supranational Level
V. The Corrective Function of Regulating Legality from an EU Law Perspective
VI. Conclusion

Series: Modern Studies in European Law

Toward a Prosecutor for the European Union: Draft Rules of Procedure
Edited by: Katalin Ligeti
ISBN 9781849463157
To be published August 2025
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Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published December 2021
Hart Publishing NYP
£70.00
EU Employment Law 2nd ed ISBN 9781841136837
To be published May 2021
Hart Publishing
EU Governance of GMOs ISBN 9781841138039
To be published May 2021
Hart Publishing
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published March 2021
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Framing Convergence with the Global Legal Order
Edited by: Elaine Fahey
ISBN 9781509934379
To be published October 2020
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EU Criminal Law 2nd ed ISBN 9781849464581
To be published September 2020
Hart Publishing
The Fundamental Rights of Companies ISBN 9781841136899
To be published September 2020
Hart Publishing NYP
£63.00
The European Union under Transnational Law: A Pluralist Appraisal ISBN 9781509938254
To be published May 2020
Hart Publishing
Environmental Crime in Europe ISBN 9781509937455
To be published April 2020
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£72.00
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The European Union and Social Security Law ISBN 9781509935697
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The EU and Nanotechnologies: A Critical Analysis ISBN 9781509935659
Published December 2019
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Republican Europe ISBN 9781509933051
Published October 2019
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EU Liability and International Economic Law ISBN 9781509933082
Published October 2019
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£76.50
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Marketing and Advertising Law in a Process of Harmonisation ISBN 9781509932122
Published September 2019
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Citizenship, Crime and Community in the European Union (eBook) ISBN 9781509915354
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Hart Publishing
£63.00
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Citizenship, Crime and Community in the European Union ISBN 9781509915361
Published August 2019
Hart Publishing
The European Union’s External Action in Times of Crisis ISBN 9781509928798
Published April 2019
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The Rise and Decline of Fundamental Rights in EU Citizenship ISBN 9781509917938
Published March 2019
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The Pluralist Character of the European Economic Constitution ISBN 9781509926442
Published December 2018
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The EU Better Regulation Agenda: A Critical Assessment ISBN 9781509917334
Published May 2018
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The EU Better Regulation Agenda: A Critical Assessment (eBook) ISBN 9781509917358
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£67.50
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Advanced Issues in European and International Tax Law ISBN 9781509921096
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Published February 2018
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Fundamental Rights and EU Internal Market Legislation ISBN 9781509920006
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Environmental Crime in Europe ISBN 9781509914012
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The European Union Under Transnational Law: A Pluralist Appraisal (eBook) ISBN 9781509911547
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£22.50
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The European Union Under Transnational Law: A Pluralist Appraisal ISBN 9781509911523
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£31.50
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The European Union and Social Security Law (eBook) ISBN 9781509911561
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The European Union and Social Security Law ISBN 9781509911578
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The EU and Nanotechnologies: A Critical Analysis (eBook) ISBN 9781509908523
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The EU and Nanotechnologies: A Critical Analysis ISBN 9781509908509
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Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis
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(ePub)
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£34.19
(ePub)
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
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EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
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(ePub)
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£67.50
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Hart Publishing
Public Liability in EU Law: Brasserie, Bergaderm and Beyond (eBook) ISBN 9781847318190
Published November 2011
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(ePub)
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The Impact of EU Law on Minority Rights ISBN 9781841138725
Published January 2011
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The Employment Relationship: A Comparative Overview ISBN 9781841134208
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Legitimacy in EC Cartel Control ISBN 9781849460057
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Principles of European Constitutional Law 2nd ed ISBN 9781841138220
Published December 2009
Hart Publishing
EU Criminal Law ISBN 9781841135854
Published March 2009
Hart Publishing
EU Criminal Law (eBook) ISBN 9781847317261
Published March 2009
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£49.49
(ePub)
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Regulation of the State in Competitive Markets in the EU ISBN 9781841134970
Published August 2007
Hart Publishing
Free Movement, Social Security and Gender in the EU ISBN 9781841136226
Published July 2007
Hart Publishing
The National Courts' Mandate in the European Constitution ISBN 9781841134765
Published March 2006
Hart Publishing
European Union Law and Defence Integration ISBN 9781841134406
Published October 2005
Hart Publishing
Partnership Rights, Free Movement, and EU Law ISBN 9781841134772
Published December 2004
Hart Publishing
National Remedies Before The Court of Justice ISBN 9781841133959
Published December 2004
Hart Publishing
Soft Law in European Community Law ISBN 9781841134321
Published September 2004
Hart Publishing
Publication Abandoned