The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.

Humanitarian protection has evolved from an act of charity into a legal obligation not to remove certain categories of non-nationals.

This book fills a significant lacuna in our understanding of the refugee crisis by analyzing the dynamics that lie behind fifteen years of asylum policies in the European Union. It sheds light on why cooperation has led to reinforced refugee protection on paper but has failed to provide it in practice. Offering innovative empirical, theoretical and methodological research on this crucial topic, it argues that the different asylum systems and priorities of the various Member States explain the EU's lack of initiative in responding to this humanitarian emergency. The author demonstrates that the strong regulators of North-Western Europe have used their powerful bargaining positions to shape EU asylum policies decisively, which has allowed them to impose their will on Member States in South-Eastern Europe. These latter countries, having barely made a mark on EU policies, are now facing significant difficulties in implementing them. The EU will only identify potential solutions to the crisis, the author concludes, when it takes these disparities into account and establishes a functioning common refugee policy. This novel work will appeal to students and scholars of politics, immigration and asylum in the EU.

Perception and representation of newcomers and immigrants The topic of migration has become particularly contentious in national and international debates. Media have a discernable impact on overall societal attitudes towards this phenomenon. Polls show time and again that immigration is one of the most important issues occupying people’s minds. This book examines the dynamic interplay between media representations of migrants and refugees on the one hand and the governmental and societal (re)actions to these on the other. Largely focusing on Belgium and Sweden, this collection of interdisciplinary research essays attempts to unravel the determinants of people’s preferences regarding migration policy, expectations towards newcomers, and economic, humanitarian and cultural concerns about immigration’s effect on the majority population’s life. Whilst migrants and refugees remain voiceless and highly underrepresented in the legacy media, this volume allows their voices to be heard. Contributors: Leen d’Haenens (KU Leuven), Willem Joris (KU Leuven), Paul Puschmann (KU Leuven/Radboud University Nijmegen), Ebba Sundin (Halmstad University), David De Coninck (KU Leuven), Rozane De Cock (KU Leuven), Valériane Mistiaen (Université libre de Bruxelles), Lutgard Lams (KU Leuven), Stefan Mertens (KU Leuven), Olivier Standaert (UC Louvain), Hanne Vandenberghe (KU Leuven), Koen Matthijs (KU Leuven), Kevin Smets (Vrije Universiteit Brussel), Jacinthe Mazzocchetti (UC Louvain), Lorraine Gerstmans (UC Louvain), Lien Mostmans (Vrije Universiteit Brussel), and François Heinderyckx (Université libre de Bruxelles) Ebook available in Open Access. This publication is GPRC-labeled (Guaranteed Peer-Reviewed Content). With thanks to the funding provided by Belspo (Belgian Science Policy Office), as part of the framework programme BRAIN-be (Belgian Research Action Through Interdisciplinary Networks), contract nr BR/165/A4/IM2MEDIATE.

Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field. The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union. At the beginning of the field's emergence, the legal questions to be answered concerned the division of powers and competence between, firstly, the Member States and that of the Union; and secondly, the division of powers and competence between the different institutions of the Union. Questions on such matters continue to be asked, but more contemporarily, new legal questions have arisen that have been in need of adjudication, including questions concerning the autonomy of Union law; the relationship between the Union and other international organisations; the relationship between Union law and international law; the scope and breadth of international agreements; amongst others. The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe.

This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.