The Resource Refugee law in the United Kingdom and the European Union : the constitutive and subversive effects of immigration and border control, Nadine El-Enany

Refugee law in the United Kingdom and the European Union : the constitutive and subversive effects of immigration and border control, Nadine El-Enany

Label
Refugee law in the United Kingdom and the European Union : the constitutive and subversive effects of immigration and border control
Title
Refugee law in the United Kingdom and the European Union
Title remainder
the constitutive and subversive effects of immigration and border control
Statement of responsibility
Nadine El-Enany
Creator
Contributor
Subject
Language
eng
Summary
This thesis examines the evolution of United Kingdom (UK) and European Union (EU) refugee law, arguing that there is a problematic relationship between immigration and asylum law in both contexts. UK asylum law emerged initially as an exception to generalised immigration restriction. The origins of the legal concept of asylum lay within the discretionary confines of immigration law - to this extent refugee law was partly constituted by the immigration and border control regime. Similarly the UK's first asylum law took shape in the context of restrictive intergovernmental cooperation between immigration ministers taking place at the European level in the 1980s and 1990s. It is argued that the UK welcomes aspects of EU cooperation that boost its own administrative capacity, but rejects European influence where this threatens to impinge upon its discretion to shape its domestic asylum regime. The UK's flexible opt out allows it to participate in EU measures according to these preferences. This thesis questions whether the EU should tolerate such cherry-picking in respect of a sensitive area of law that affects the lives of vulnerable individuals. While harmonisation demands the setting of minimum asylum standards, the first stage asylum directives consist of an unhappy compromise in permitting a wide scope for discretion for Member States in applying the directives, resulting in diverse practices across the EU. This is untenable in light of the persistence of the Union's "one chance of asylum" rule. Further, it is argued that even if adequate reform of substantive internal protection standards is possible, this is insufficient in the absence of comprehensively addressing the relationship between migration and border control and asylum. In the EU, it is argued that exclusionary migration policy subverts the protective potential of its refugee law. While elements of European refugee law might suggest that EU cooperation embodies an improvement on international protection standards, the EU's exclusionary migration and border control regime severely limits access to protection
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
El-Enany, Nadine
Date time place
Defence date: 10 February 2012
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2011.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • Refugees
  • Refugees
  • Emigration and immigration
  • Emigration and immigration
Label
Refugee law in the United Kingdom and the European Union : the constitutive and subversive effects of immigration and border control, Nadine El-Enany
Instantiates
Publication
Note
Examining Board: Professor Bruno de Witte (supervisor), EUI ; Professor Damian Chalmers (co-supervisor), London School of Economics ; Professor Marie-Bénédicte Dembour, University of Sussex ; Professor Marise Cremona, EUI
Bibliography note
Includes bibliographical references (pages 355-403)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb1705980x
Dimensions
30 cm.
Extent
iii, 403 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)871271458
Label
Refugee law in the United Kingdom and the European Union : the constitutive and subversive effects of immigration and border control, Nadine El-Enany
Publication
Note
Examining Board: Professor Bruno de Witte (supervisor), EUI ; Professor Damian Chalmers (co-supervisor), London School of Economics ; Professor Marie-Bénédicte Dembour, University of Sussex ; Professor Marise Cremona, EUI
Bibliography note
Includes bibliographical references (pages 355-403)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb1705980x
Dimensions
30 cm.
Extent
iii, 403 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)871271458

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