1: Introduction: Destination Europe
2: The Human Rights of Migrants and Refugees in a Pluralist
Setting
3: Constructing Legal and Illegal Migration
4: The Human Right to Family Life and Family Migration
5: Defining Protection: Refugeehood, Non-refoulement, and Human
Rights
6: Access to Territory and Protection
7: Immigration Detention
Joint winner of the 2016 Odysseus Network Best Publication Prize
Cathryn Costello holds the Andrew W. Mellon Associate Professorship
in International Human Rights and Refugee Law, at the Refugee
Studies Centre, Oxford, with a fellowship at St Antony's College.
From 2003-2013, she was Francis Reynolds Fellow & Tutor in EU &
Public law at Worcester College, Oxford, during which time she also
completed her DPhil studies on EU asylum and immigration law. She
has taught a range of public and EU law courses on the
Oxford undergraduate and postgraduate curriculum. She began her
academic career in 1998 as Lecturer in European Law at the Law
School, Trinity College Dublin, and from 2000-2003, she also held
the position of Director
of the Irish Centre for European Law.
Cathryn has published widely on many aspects of EU and human rights
law, including asylum and refugee law, immigration, EU Citizenship
and third country national family members, family reunification,
and immigration detention.
[A] reliable and accessible source on the status and development of
European migration law both for legal practice and for educational
purposes. ... this book will stimulate lawyers, judges, students
and their teachers to critically rethink their rooted ideas or
practices.
*Kees Groenendijk, Common Market Law Review*
At a time when Europe is faced with a mass influx of migrants
trying to reach its territory, The Human Rights of Migrants and
Refugees in European Law appears as a well-timed and important
contribution underlining the tensions between human rights, refugee
protection and the sovereign prerogatives of states to control
access to their territories. ... It is definitely a well-written
and interesting contribution, illustrated by various concrete
examples of case law from the courts, which can be of great use for
students, scholars and practitioners alike interested in the
protection of migrants' rights within the EU.
*Laura Létourneau-Tremblay, Israel Law Review*
[T]his book is truly an outstanding contribution to the field of
European migration and asylum law.
*Sarah Singer, Border Criminlogies*
To write a monograph on migrants and refugees in Europe is
challenging enough. To write it as the continent was facing the
largest influx of forcibly displaced persons since the end of the
Second World War and yet to still produce a classic study that is
timeless in its thematic analysis reflects the insight and
authority of the author ... Professor Costello's work should be
read by all lawyers, practitioners, and policymakers working in the
areas of international refugee law, international human rights law,
and European law.
*Geoff Gilbert, International Journal of Refugee Law*
This book is an invaluable resource for all scholars, practitioners
and students of EU human rights, asylum and migration law. The
incredibly detailed exposition of the thematic areas included
therein provides an essential point of reference for teachers,
students and researchers alike. ... Recently awarded the Odysseus
Network Best Publication Prize, this book is truly an outstanding
contribution to the field of European migration and asylum law.
*Sarah Singer, Border Criminologies*
This book provides an excellent examination of the current state
and the history of how Europe has arrived at the current
conjunction. Costello's final thoughts provide food for thought on
where the future of these systems may lie.
*Elspeth Guild, The Modern Law Review*
This book is a magnificent achievement bringing together
outstanding scholarship and great humanity to a subject of enormous
political controversy. One of the most important achievements of
the second half of the 20th century has been the establishment of
inalienable rights to which everyone is entitled not only citizens
of the state. While all states must respect these rights they
cannot carve out parts of humanity to exclude from the scope.
Costello examines exactly what this means for migrants and refugees
who all too often are on the receiving end of state coercion. This
book is mandatory reading for all scholars, students and members of
the public who are interested in migration and the rights of
refugees.
*Elspeth Guild, Jean Monnet Professor ad personam, Queen Mary,
University of London*
Professor Cathryn Costello grapples with three complex spheres of
law - migration, human rights, and European Union and brings them
into conversation with one another. Her lucid and compelling
analysis illuminates the state of the jurisprudence, the rapid
evolution of the European legal order, and the underlying normative
tensions at play. This book could not be more timely, and Professor
Costello eloquently demonstrates how Europes legal response to
migration and refugee challenges go to the heart of what Europe is
and aspires to be. This is an important book.
*Audrey Macklin, Professor and Chair in Human Rights Law,
University of Toronto*
This is an important and timely contribution to the difficult topic
of the asylum and immigration law in Europe. Its scope - ranging
across European and international law - enables Costello to shed
new light on how human rights law responds to challenges relating
to migration control and migration status.
*Jo Shaw, Salvesen Chair of European Institutions, University of
Edinburgh*
This book is a treasure trove of insights and ideas. It provides a
critical, lucid and panoramic account of the evolving EU migration
and asylum policy. Dr Costello unravels the complex interaction of
overlapping human rights legal orders in this policy area and
develops a thought-provoking pluralist approach. It is a very
valuable source of authoritative analysis for scholars, students
and practitioners.
*Dora Kostakopoulou, Professor of European Union Law, European
Integration and Public Policy, Warwick Law School*
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