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The Interplay between the EU's Return Acquis and International Law

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The Interplay between the EU's Return Acquis and International Law

9781839105227 Edward Elgar Publishing
Tamás Molnár, Legal Research Officer, EU Agency for Fundamental Rights and Visiting Lecturer, Corvinus University of Budapest, Hungary
Publication Date: April 2021 ISBN: 978 1 83910 522 7 Extent: c 224 pp
This insightful book thoroughly examines how the EU’s return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.

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This insightful book thoroughly examines how the EU’s return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.

Set against the background of the classic doctrine on the ‘autonomy of EU law’ and the EU’s objective to ‘develop international law’, Tamás Molnár depicts a legally sound and elaborate picture of the EU’s return acquis vis-à-vis international law, both internally and externally. From the perspective of the EU legal order, it offers important insights into this field from both a constitutional perspective and from the point of view of the substantive area of migration law. Chapters provide in-depth analysis of the EU’s return-related legislative developments reflecting international law and the expanding return-related jurisprudence of the EU Court of Justice.

Bridging the gap between EU and international law, which both have unique characteristics and are often studied in different spheres, this book will appeal to academics and practising lawyers dealing with the expulsion of migrants in irregular situations. It will also be a useful read for law scholars, practitioners and postgraduate students who wish to further their understanding of the interactions between these two legal orders.
Critical Acclaim
‘Analysing interactions between EU and international law in the specific field related to return of migrants, this book reveals intriguing dynamics. As a unique contribution to legal scholarship, it explores how the EU Return Directive has been inspired by international law; whereas, CJEU case-law has prioritized autonomy of EU law. Yet, attempting to shape international law, the EU engaged with UN and regional standard-setting processes on returns. Dr. Molnár convincingly demonstrates: the EU seeks to influence international law from which it claims autonomy and which the Union is constitutionally committed to respect.’
– Izabella Majcher, European Council on Refugees and Exiles

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 83910 523 4
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