Illegally Staying in the EU

An Analysis of Illegality in EU Migration Law

Nonfiction, Reference & Language, Law, International
Cover of the book Illegally Staying in the EU by Benedita Menezes Queiroz, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Benedita Menezes Queiroz ISBN: 9781509912865
Publisher: Bloomsbury Publishing Publication: February 22, 2018
Imprint: Hart Publishing Language: English
Author: Benedita Menezes Queiroz
ISBN: 9781509912865
Publisher: Bloomsbury Publishing
Publication: February 22, 2018
Imprint: Hart Publishing
Language: English

Principally, this book comprises 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 combination 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 potential 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 regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes.

Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Principally, this book comprises 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 combination 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 potential 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 regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes.

Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.

More books from Bloomsbury Publishing

Cover of the book The Life and Times of Emile Zola by Benedita Menezes Queiroz
Cover of the book Design and the Creation of Value by Benedita Menezes Queiroz
Cover of the book Design Thinking by Benedita Menezes Queiroz
Cover of the book Pocket Guide to Mushrooms by Benedita Menezes Queiroz
Cover of the book British Submarines 1939–45 by Benedita Menezes Queiroz
Cover of the book What About Law? by Benedita Menezes Queiroz
Cover of the book Symbol, Pattern and Symmetry by Benedita Menezes Queiroz
Cover of the book The Caribbean by Benedita Menezes Queiroz
Cover of the book The Bloomsbury Companion to New Religious Movements by Benedita Menezes Queiroz
Cover of the book Animation in Context by Benedita Menezes Queiroz
Cover of the book Attlee by Benedita Menezes Queiroz
Cover of the book The Ethics of Reality TV by Benedita Menezes Queiroz
Cover of the book The Man With the Dancing Eyes by Benedita Menezes Queiroz
Cover of the book All Religion Is Inter-Religion by Benedita Menezes Queiroz
Cover of the book A History of the Laws of War: Volume 1 by Benedita Menezes Queiroz
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy