Cookies on this website
We use cookies to ensure that we give you the best experience on our website. If you click 'Continue' we'll assume that you are happy to receive all cookies and you won't see this message again. Click 'Find out more' for information on how to change your cookie settings.
  • Ireland's nice referenda

    17 December 2013

    Part One: Referenda required to amend Irish Constitution. Referenda on accession to EEC, the Single European Act, Maastricht and Amsterdam. Development by courts of rules for fairness of referendum campaigns. Referendum Acts and Referendum Commission; Part Two: First Nice Referendum dominated by euro-anxiety, Irish neutrality and enlargement. Second referendum on same subject not unusual and acceptable according to domestic criteria. Concessions and clarifications. Effect on the Convention on the Future of Europe; Part Three: implications for the Constitutional Treaty.

  • UK Migration Policy and EU Law

    17 December 2013

    This policy primer discusses how EU membership shapes UK migration policy.

  • Citizenship of the union: above abuse?

    17 December 2013

    Book description: The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.

  • The evolution of fundamental rights charters and case law: a comparison of the United Nations, Council of Europe and European Union systems of human rights protection

    17 December 2013

    This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system.

  • EC immigration and asylum policymaking: integrating a role for the Oireachtas

    17 December 2013

    Book description: Membership of the European Union has meant a gradual shift of decision-making powers from national level to European level in a broad range of policy fields. At European level, one of the dilemmas which has had to be confronted has been how best to incorporate an input by national parliaments into the European policy-making process. Within Member State systems, most thought has had to be given to how to avoid excessive dominance of the legislative branch of national government by the executive in policy fields regulated at European level as government ministers from twenty-five Member States meet regularly to agree to European-wide legislation on a range of issues which has expanded greatly over the years. This book examines the extent to which national legislatures, such as the Irish Oireachtas, have shown themselves able to react to-date to what is simultaneously an opportunity and a challenge to their position vis-à-vis the executive branch of government.

  • Implementation of the Procedures Directive (2005/85) in the United Kingdom

    17 December 2013

    On 1 December 2007, the deadline for the implementation of the Directive 2005/85/EC on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status expired. The lectures on which this book is based were originally given during a seminar on the Procedures Directive that took place in Nijmegen, at the Centre for Migration Law, Radboud University, on Wednesday 12 December 2007. In light of the very substantial level of interest, we have decided to publish a book on the results of the seminar so that people who were not able to attend may benefit from the wealth of knowledge and information which was shared. This book offers insight in all the different aspects of the Procedures Directive.

  • The EU and the ECHR before European and Irish Courts

    17 December 2013

    Following the incorporation of the European Convention on Human Rights Act 2003 into Irish Law, legal developments in areas such as criminal, family and immigration law have raised serious questions of compatibility with the ECHR. Developments in the European Court of Human Rights have highlighted the increasing potential for using the ECHR to positive effect in Irish law. This second edition of ECHR and Irish Law examines the impact of the ECHR on Irish law and considers the actual and potential contribution of the ECHR Act to domestic law in a range of areas. The work begins with research on the impact of the Act and an examination of the relationship between the ECHR, Irish law and EU law.

  • The asylum procedures directive in legal context: equivocal standards meet general principles

    17 December 2013

    Book description: This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality.

  • The European asylum procedures directive in legal context

    17 December 2013

    In the Tampere Conclusions, the European Council pledged to develop ‘common standards for a fair and efficient asylum procedure’ in Europe. This chapter considers whether this commitment has been met in the Procedures Directive. In this discussion, fairness is understood in a general sense, as familiar from administrative law, requiring adequate hearing and impartiality, albeit adapted to the specificities of the asylum process. Efficiency is a more difficult concept. It tends to be conceived of in a narrow state-centric manner, as the minimisation of the costs of providing protection, in a manner apt to undermine fairness. The Tampere commitment in contrast implies that the notions must be conceived of as mutually reinforcing.