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Acknowledgements

于The European Union Returns Directive and its Compatibility with International Human Rights Law
著者:
Izabella Majcher
Izabella Majcher
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Acknowledgements

This book is a revised version of my doctoral dissertation that I defended at the Graduate Institute of International and Development Studies (iheid) in Geneva in September 2016. My PhD endeavour meant countless hours of solitary work. However, my efforts would not have been possible nor come to fruition without a huge amount of support and encouragement I received from many people along the way.

First, I would like to express my sincere gratitude to my thesis supervisor, Professor Vincent Chetail (iheid), for his invaluable advice, support, and guidance. I am also indebted to the other members of my PhD committee, Professor Andrew Clapham (iheid) and Professor Marie-Laure Basilien-Gainche (Jean Moulin University in Lyon), for their precious feedback and insights. Sincere thanks go to Dr. Evelien Brouwer, lecturer at the Vrije Universiteit (VU) in Amsterdam, for helping me grasp data protection law and inviting me to present my research at the VU.

During my PhD years, I have been a researcher at the Global Detention Project (gdp). My work at the gdp has not only enhanced book’s chapter on pre-removal detention but has also been a particularly enriching experience for me, both from the professional and personal perspective. I am truly grateful to my colleagues, Mariette and Mike, gdp fellows and interns, especially Agnese, Costanza, Inga, Patricia, and Romane, and the colleagues at the iheid, when the gdp was still based there, for inspiring discussions, constructive criticism, encouraging words, and cheerful talks. Special thanks are reserved to Mariette, whose profound commitment to the cause, readiness to help, share, and mentor, as well as a non-conventional approach had a profound impact on me, far beyond the narrow frames of our work together. Special mention goes also to the Ligue Suisse des Droits de l’Homme, with which I have been visiting immigration detainees, for allowing me to put my theoretical knowledge on immigration detention into practice.

I was fortunate to receive a huge support from my “spiritual support group.” Countless times your encouragement helped me continue this doctoral endeavour with a strong life force and determination and many of you have become close friends over time. This brings me to expressing my deepest thanks to a number of friends near and far, in particular to Adi, Aditi, Alexandra, Barbara, Benedetta, Claudia, Clément, Cori, Eliana, Elisa, Hala, Hidemi, Jordan, Jova, Julia, Jun, Jungun, Megan, Meylin, Mimoza, Nikita, Sam, Silvia, Sybi, and Vera, for supporting me during my PhD years and reminding me that life is more than doctoral research.

My profound gratitude goes to my family. I am particularly thankful to my parents, Bogusława and Zbigniew, for their unconditional support. Words will never express how much I owe you. I have also kept you, my dearest grand-parents, Stefania, Janina, Ryszard, and Jan, in my heart and mind. This book encapsulates the main values that you transmitted to me – strive for justice and dedication to work. I am also very grateful to my parents-in-law, Wilmy and Kees, for supporting me and accepting my constant lack of time. Last but not least, Marijn, my life partner, spiritual companion, and source of inspiration, thank you for taking such a good care of me, supporting and encouraging me on the daily basis, and deeply understanding me. We have made this journey together and you have been a compagnon de route I could have only dreamed about.

The book is dedicated to people falling outside a narrow circle of migrants who comply with the EU asylum and migration rules. “Undocumented” or “irregular” migrants were the focus of my book and, hopefully, its beneficiaries. This book shows that the EU policy targeting this vulnerable category of migrants is subject to a dense array of human rights norms. It is ultimately a call upon civil society and academic community to use legal standards to check the states’ power and advocate for the adherence to human rights standards in the context of migration management.

Izabella Majcher Geneva, May 2019

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The European Union Returns Directive and its Compatibility with International Human Rights Law

Analysis of Return Decision, Entry Ban, Detention, and Removal

丛编: Immigration and Asylum Law and Policy in Europe, 卷: 45
Cover The European Union Returns Directive and its Compatibility with International Human Rights Law
ISBN:
9789004360532
出版社:
Brill | Nijhoff
印刷出版日期:
12 Nov 2019
  • Subjects
    • Human Rights and Humanitarian Law
      • Human Rights
      • Refugee Law
    • International Law
      • EU Law
      • International Law: Regional Perspectives
Front Matter
Copyright
Acknowledgements
Abbreviations and Country Codes
Part 1 Introduction
Chapter 1 The Returns Directive against the Background of International and EU Human Rights Law: Setting the Scene
Part 2 Return Decision
Introduction: The Scheme of Return under EU Law
Chapter 2 Human Rights Impediments to Return
Chapter 3 Procedural Safeguards
Chapter 4 Social Rights Pending Return
Conclusion: Legal Limbo for Non-Deportable People
Part 3 Re-Entry Ban
Introduction: Entry Ban as Pan-European Effect of Return Decision
Chapter 5 Entry Ban in the Light of the Principle of Proportionality
Chapter 6 Human Rights Impediments to Entry Ban
Chapter 7 Protection of Personal Data Stored in a Sis Alert
Conclusion: Schengen-Wide Entry Ban: a Triple Peine?
Part 4 Pre-Removal Detention
Introduction: Immigration Detention in the Light of the Prohibition of Arbitrary Detention
Chapter 8 Permissibility of Detention
Chapter 9 Procedural Safeguards
Chapter 10 Conditions of Detention
Conclusion: Externalisation of Immigration Detention
Part 5 Enforcement of Return
Introduction: Enforcement of the Return Decision as the Final Stage of the Return Process
Chapter 11 Mandatory (“Voluntary”) Return
Chapter 12 Forcible Return
Chapter 13 Removal to a Transit Country Based on Readmission Agreements
Conclusion: Post-Return Monitoring: a Missing Element
Part 6 Conclusion
Chapter 14 The Returns Directive: Effectiveness of Return vs. Human Rights Protection
Back Matter
Annexes
Bibliography
Index

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