Demanding Rights: Europe's Supranational Courts and the Dilemma of Migrant Vulnerability

ISBN-13: 9781108496490 / Angielski / Twarda / 2019 / 206 str.

Moritz Baumgartel

Opis

This interdisciplinary book evaluates key judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to migration. Based on this multifaceted analysis, it offers a critical discussion on how Europe's supranational system could become more effective in protecting the rights of vulnerable migrants.

Recenzje

'Moritz Baumgärtel's book … offers remarkably clear insight into the impact of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) jurisprudence on the actual protection of the rights of vulnerable migrants … Most importantly, he has included in the discussion the various stakeholders - courts, attorneys, state officials and, of course, migrants themselves. Adjusting remarkably well the theories of effectiveness to explain the perplexing and multi-dimensional causes and effects of European courts adjudication, Baumgärtel has created a book that is a valuable addition to the reading shelf both of a legal practitioner and a migrant rights advocate, introducing, simultaneously, a fresh set of ideas which could engage other researchers in fruitful discourse.' Dimitra Fragkou, Human Rights Law Review

Spis treści

1. Introduction; Part I: 2. Expanding the rights to stay?; 3. Establishing responsibility; 4. Reaffirming jurisdiction; Part II: 5. From dilemmatic to strategic adjudication; 6. From strategic to consolidating litigation; 7. Migrant rights as existential commitments; 8. Demanding rights: some conclusions.