1st Edition

Immigration, Integration and the Law The Intersection of Domestic, EU and International Legal Regimes

By Clíodhna Murphy Copyright 2013
    328 Pages
    by Routledge

    326 Pages
    by Routledge

    This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.

    Chapter 1 Introduction; Part I Conceptual Foundations of Integration; Chapter 2 The Concept of Integration; Chapter 3 Exploring the Relationship between Integration and Law; Part II Legal Foundations of Integration; Chapter 4 The International Legal Framework for Integration: The UN Treaty Regime; Chapter 5 Regional Frameworks for Integration: The Jurisprudence of the European Court of Human Rights; Chapter 6 Regional Frameworks for Integration: Concepts of Integration in EU Law and Policy; Part III Functional and Wider Perspectives on Integration and Law: Domestic Legal Regimes; Chapter 7 The Boundaries of Membership in EU Member States: Access to Citizenship; Chapter 8 Religion, Education and Integration: Lessons from the Irish Experience; Chapter 9 Conclusions;

    Biography

    Dr Clíodhna Murphy is a Lecturer in Law in Maynooth University. Her research interests are in the areas of Immigration and Refugee Law as well as Human Rights Law. She has published on these and related areas.

    A Baker & Taylor Academic Essentials Title in Area/Ethnic Studies: Multicultural Studies ’What does it mean to integrate or to be integrated? The European Union is based on the objective of the ever closer union of the peoples of Europe which is to be achieved by the integration of our economies. This book examines what it means to take the concept of integration from its setting in economic policy and apply to individuals, inevitably non EU citizens, as a way of categorising them with legal implications. The research is crisp and incisive and a pleasure to read. This book extends our understanding of the relationship of people belonging and law in Europe.’ Elspeth Guild, Queen Mary, University of London, UK and Radboud University Nijmegen, The Netherlands ’Clíodhna Murphy’s book is a well written exposé of a very complex matter. She manages to make theoretical and legal approaches to integration, as well as connections between law, integration and social realities digestible for the reader while covering the international, European, as well as national level in her analysis. Additionally, she does not shy away from developing and applying her own definition of integration in order to underpin her human-rights based paradigm of integration - something not easily done by other authors.’ Moritz Jesse, Leiden University, the Netherlands ’The relationship between integration, law and policy remains a contested one at national, European and international arenas. Critical questions related to identity, diversity and mobility are increasingly intertwined with law in the normative realms of migration and citizenship. This nexus however poses a number of human rights and liberty challenges to the European Union and its Member States. This book provides an excellent analysis of the issues and tensions emerging from the relationship between integration and law from the perspective of states’ international and European law obligations.’ Sergio Carrera