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Illegally Staying in the EU: An Analysis of Illegality in EU Migration Law

Illegally Staying in the EU: An Analysis of Illegality in EU Migration Law (Hardback)

By Queiroz, Benedita Menezes

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This book first of all conducts 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 c...ombination 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 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 rationale which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for their own purposes. Finally, the book proposes corrective regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying the current deficiencies that arise out of the present supranational framing of illegality.
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ISBN 9781509912872
Released NZ 5 Apr 2018
Publisher Bloomsbury Publishing PLC
Format Hardback
Alternate Format(s) View All (1 other possible title(s) available)
Series Modern Studies in European Law
Indent title (internationally sourced), usually ships 4-6 weeks

Full details for this title

ISBN-13 9781509912872
Stock Available
Status Indent title (internationally sourced), usually ships 4-6 weeks
Publisher Bloomsbury Publishing PLC
Imprint Hart Publishing
Released 5 Apr 2018
Publication Country United Kingdom United Kingdom
Format Hardback
Author(s) By Queiroz, Benedita Menezes
Series Modern Studies in European Law
Category Immigration & Emigration
Refugees & Political Asylum
International Humanitarian Law
Number of Pages 232
Dimensions Width: 156mm
Height: 234mm
Dewey Code 342.24082
Weight 494g
Interest Age 19+ years
Reading Age 19+ years
Library of Congress Emigration and immigration law - European Union countries, Illegal aliens - European Union countries
NBS Text International Law: Professional
ONIX Text Professional and scholarly;College/higher education