Introduction: EU Immigration and Asylum Law: Constitutional Framework and Principles for Interpretation
published in: Kay Hailbronner and Daniel Thym (eds.): EU Immigration and Asylum Law. Commentary, 2nd edition (C.H. Beck/Hart/Nomos, 2016), pp. 1-29.
29 Pages Posted: 31 May 2016 Last revised: 14 Jul 2016
Date Written: April 1, 2016
The fundamentally revised and extended second edition of the ‘Commentary on EU immigration and Asylum Law’ comprises four thematic introductions, which are written in the style of an advanced textbook and which are meant to help practitioners, doctoral students and academics who are not familiar with immigration and asylum law to orientate themselves in a highly complex and politically sensitive area of the law. The general introduction starts with general remarks on the evolution of the Treaty regime and objectives for lawmaking before analysing, in greater death, the principles for the interpretation of EU legislation on immigration and asylum. In doing so, it covers general principles, such as proportionality or the role of individual rights, as well as the significance of provisions on more favourable national measures on the basis of academic contributions and pertinent Court judgments on immigration and asylum. It proceeds with a general introduction into the Treaty rules governing the respective opt outs for Denmark, the United Kingdom and Ireland. It concludes with an over-view of the requirements of human rights and public international law under the EU Charter, the European Convention, the Refugee Convention and other international agreements. The general introduction is complemented by chapters with more detailed information on the legal framework for border control and entry policies, immigration and asylum.
Keywords: EU law, immigration, asylum, border control, human rights, interpretation
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