Demanding Rights

Moritz Baumgärtel is Assistant Professor at the Faculty of Law of Universiteit Utrecht, The Netherlands and at University College Roosevelt. He holds a Ph.D. from the Université libre de Bruxelles, an M.Phil. in International Relations from the University of Cambridge and an LL.M. in Public International Law from Universiteit Utrecht, The Netherlands. In recent years, he has been a lecturer at Tilburg Law School and has held visiting positions at the law schools of the University of Michigan, Duke University, and the University of Copenhagen. Baumgärtel's research concerns the human rights of vulnerable migrants such as refugees, asylum seekers and undocumented migrants.

• 1. Introduction; Part I: 2. Expanding the rights to stay?; 3. Establishing responsibility; 4. Reaffirming jurisdiction; Part II: 5. From dilemmatic to strategic adjudication; 6. From strategic to consolidating litigation; 7. Migrant rights as existential commitments; 8. Demanding rights: some conclusions.

'With a rigorous methodology and laser-precise analysis, Baumgärtel shows the potential - if adequately prompted by rights defenders - for the European judiciary to steer migration policies towards a better protection of the human rights of migrants, despite the increasing nationalist populist pressure towards tighter 'securitisation' of the borders.' François Crépeau, Hans and Tamar Oppenheimer Professor in Public International Law, McGill University, Montreal