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Legal mobilization for migrant rights : opportunities and barriers at the European Court of Justice / Virginia Passalacqua.

Oxford Scholarship Online: Law Available online

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Format:
Book
Author/Creator:
Passalacqua, Virginia, author.
Series:
Oxford studies in European law
Language:
English
Subjects (All):
Emigration and immigration law--Europe.
Emigration and immigration law.
Actions and defenses--Europe.
Actions and defenses.
Europe.
Physical Description:
1 online resource : illustrations (some color).
Place of Publication:
Oxford ; New York, NY : Oxford University Press, [2025]
Summary:
"The European Court of Justice plays a key role in the interpretation and enforcement of EU law. Yet, we still know little about the conditions under which cases arrive at the Court via preliminary reference and why they are so unevenly distributed across the EU Member States. Previous studies have shown how the legal elites played a central role in feeding the Court with cases to increase their power and influence. Legal Mobilization for Migrant Rights tells a different story. Focusing on the migration domain, this book shows that EU litigation can also be used to defend powerless groups. To explore the conditions under which EU legal mobilization for migrants emerges, the book compares three countries where EU migration law was mobilized before the European Court of Justice (Italy, the United Kingdom, and the Netherlands) and one where it was not (Greece). Combining empirical and doctrinal methods, this volume draws on interviews with key stakeholders and an original database of 505 migration preliminary references. Rather than focusing only on courts, Legal Mobilization for Migrant Rights sheds light on the role of lawyers, academics, and civil society in activating EU justice to oppose restrictive national migration policies. Crucially, the book ultimately reveals that EU legal mobilization struggles to emerge in some contexts due to a lack of resources and limited awareness of EU legal opportunities, which stand as significant obstacles to justice and migrant rights enforcement"-- Oxford Academic.
Combining empirical and doctrinal methods, Legal Mobilization for Migrant Rights uses migration as a central case study to show that, under certain conditions, EU litigation can be used to defend powerless groups.
Contents:
Legal mobilization, resistance, and contestation through EU law
Italy : Mobilizing EU justice against crimmigration
The UK : Mobilizing EU citizenship to protect third-country nationals
The Netherlands : Mobilizing EU justice for a different form of integration
Greece : The zero-reference case
Conclusion : Opportunities and barriers to the mobilization of EU migration law.
Notes:
Includes bibliographical references and index.
Online resource; title from home page (Oxford Academic, viewed November 25, 2025).
Other Format:
Print version: Passalacqua, Virginia. Legal mobilization for migrant rights
ISBN:
9780198943006
0198943008
0198942990
9780198942986
0198942982
9780198942993
OCLC:
1517006884
Publisher Number:
CIPO000226383
Access Restriction:
Restricted for use by site license

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