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The Interplay between the EU's Return Acquis and International Law


ISBN13: 9781839105227
Published: April 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



This insightful book thoroughly examines how the EU’s return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.

Set against the background of the classic doctrine on the ‘autonomy of EU law’ and the EU’s objective to ‘develop international law’, Tamás Molnár depicts a legally sound and elaborate picture of the EU’s return acquis vis-à-vis international law, both internally and externally. From the perspective of the EU legal order, it offers important insights into this field from both a constitutional perspective and from the point of view of the substantive area of migration law. Chapters provide in-depth analysis of the EU’s return-related legislative developments reflecting international law and the expanding return-related jurisprudence of the EU Court of Justice.

Bridging the gap between EU and international law, which both have unique characteristics and are often studied in different spheres, this book will appeal to academics and practising lawyers dealing with the expulsion of migrants in irregular situations. It will also be a useful read for law scholars, practitioners and postgraduate students who wish to further their understanding of the interactions between these two legal orders.

Subjects:
EU Law, Immigration, Asylum, Refugee and Nationality Law
Contents:
Preface
1. Introduction to The Interplay between the EU’s Return Acquis and International Law
2. ‘Fifty shades’ of separateness of EU law from international law: the autonomy and openness of the EU legal order
3. The influence of international migration law and human rights law on the EU return acquis
4. From EU law towards international law: the EU’s role in shaping the international legal order
5. The impact of the EU return acquis on the international law regimes governing the ‘expulsion of aliens’
6. General conclusions: assessing the landscape
Bibliography
Index