Illegally Staying in the EU : An Analysis of Illegality in EU Migration Law / Benedita Menezes Queiroz.

Format:

Book

Author/Creator:

Queiroz, Benedita Menezes, author.

Series:

Modern studies in European law ; v. 85.

Modern studies in European law ; v. 85

Language:

English

Subjects (All):

Emigration and immigration law--European Union countries.

Emigration and immigration law.

Undocumented immigrants--Government policy--European Union countries.

Undocumented immigrants.

European Union countries--Emigration and immigration--Government policy.

European Union countries.

Physical Description:

1 online resource (xviii, 208 pages).

Edition:

First edition.

Place of Publication:

Oxford : Hart Publishing, 2018.

Summary:

"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."--Bloomsbury Publishing.

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

II. Illegally-staying Third-country Nationals and Unlawfully-staying EU Citizens

III. Conclusion

3. Non-removable Migrants in the EU

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

4. The Potential Effects of Information Technology Vis-à-Vis Illegality

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?

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

Notes:

Description based on print version record

Includes bibliographical references and index.

ISBN:

9781509912889

1509912886

9781509912858

1509912851

OCLC:

1017751325