Legislative Update EU Immigration and Asylum Law 2010: Extension of Long-term Residence Rights andAmending the Law on Trafficking in Human Beings

2011 ◽  
Vol 13 (2) ◽  
pp. 201-218 ◽  
Author(s):  
Steve Peers
Author(s):  
Gina Clayton ◽  
Georgina Firth

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The eighth edition of the Textbook on Immigration and Asylum Law provides expert coverage of case law and legislation, along with analysis of the political context and social impact of the law, and a strong focus on human rights. The volume guides the reader through this constantly developing area of law. Analysis and commentary on the political, social, and historical dimensions of the law brings the subject to life and encourages readers to engage critically with the issues. This edition has been fully updated with recent cases and developments in the law, including the changes to the powers of removal and rights of appeal in the Immigration Acts 2014 and 2016. It also gives an account of the asylum process, and applications for protection for victims of trafficking.


2017 ◽  
Vol 8 (3) ◽  
pp. 243-249
Author(s):  
Ariana Fullani

Abstract Albania has today transposed all directives relating to immigration and asylum presented by the EU and participates in the negotiations about new migration and asylum measures at the regional level. As it is well known, the right to family reunification is a key component of the core principles for respecting family life of migrants. In treating aliens, Albanian legislation does respect the principles of non-discrimination and equality before the law. The aim of this study is to show that Albanian legislation does guarantee the integration and family reunification of foreigners like other countries in the European Union.Actually this institute is regulated by Law No. 108/2013 ‘On Aliens’ adopted on 28 March 2013. The Law is considered to be fully compatible with the EU legislation. Even there are difficulties, in particular to judicial and administrative aspects offamily reunion, the legal position of family members is considered to be similar to the other foreigner in the same conditions. Legal positions of family members, who hold a permanent residence permit or a long term resident’s EC residence permits, or a permanent right of residence is stronger than thefamily members in short stay.


Author(s):  
Mara Marin

Chapter 3 argues that laws make individuals vulnerable to each other, a vulnerability that is obscured by a belief that laws are meant to insulate individuals from each other. While laws are meant to protect individuals from their vulnerability to other people’s power, this protective function is wrongly understood as erasing this vulnerability. The vulnerability cannot be erased because laws have to be interpreted, enforced, and given particular institutional form, and all of these are processes enacted by human beings in which the mutual vulnerability resurfaces. In the course of these processes, laws put us in particular social relations to each other. We should understand the protective function of laws in terms of the quality of these social relations. Laws protect us—and thus create binding obligations to obey them—when they create equal, nonhierarchical social relations. As these relations depend on the continuous, long-term action of those governed by the same system of law, we should understand our obligations under the law on the model of commitment.


Author(s):  
Gina Clayton ◽  
Georgina Firth

The ninth edition of Immigration and Asylum Law provides expert coverage of case law and legislation, along with analysis of the political context and social impact of the law and a strong focus on human rights. The volume guides the reader through this constantly developing area of law. Analysis and commentary on the political, social, and historical dimensions of the law brings the subject to life and encourages readers to engage critically with the issues. This edition has been fully updated with recent cases and developments in the law, including the impacts of Brexit and the Covid-19 pandemic on immigration and the asylum process, coverage of the Windrush scandal, and a discussion of the case of Shamima Begum. It also contains important clarification from the higher courts on the interpretation and application of Part 5A of the NIAA 2002, a consideration of the impacts of the hostile (compliant) environment, updated Home Office guidance on Age Assessment and challenges to detained asylum casework, the Home Office Removals Policy, and the new Immigration Bail provisions.


Author(s):  
Corrado Roversi

Are legal institutions artifacts? If artifacts are conceived as entities whose existence depends on human beings, then yes, legal institutions are, of course, artifacts. But an artifact theory of law makes a stronger claim, namely, that there is actually an explanatory gain to be had by investigating legal institutions as artifacts, or through the features of ordinary artifacts. This is the proposition explored in this chapter: that while this understanding of legal institutions makes it possible to find common ground between legal positivism and legal realism, it does not capture all of the insights offered by these two traditions. An artifact theory of law can therefore be necessary in explaining the law, but it will not suffice to that end. This chapter also posits that legal artifacts bear a relevant connection to certain conceptions of nature, thus vindicating one of the original insights behind natural law theory.


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