Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

Madalina Moraru is Fellow at the Faculty of Law, Masaryk University in Brno and Centre for Judicial Cooperation at the European University Institute.Galina Cornelisse is Associate Professor EU Law and Public International Law at VU, Amsterdam.Philippe De Bruycker is Professor of Law at the Institute for European Studies, Law Faculty, Universite libre de Bruxelles.

• Prologue: The Genesis of the EU’s Return PolicyFabian LutzIntroduction: Judicial Dialogue on the Return Directive – Catalyst for Changing Migration Governance? Galina Cornelisse and Madalina MoraruPART 1STAGES OF THE EU RETURN PROCEDURE: THE ROLE OF JUDGES IN ENSURING AN EFFECTIVE IMPLEMENTATIONOF THE RETURN DIRECTIVEEdited by Madalina Moraru1. The Scope of the Return Directive: How Much Space is Left for National Procedural Law on Irregular MigrationGalina Cornelisse2. Return Decisions and Domestic Judicial Practices: Is Spain Different? Cristina Gortazar Rotaeche3. Voluntary Departure as a Priority: Challenges and Best PracticesUlrike Brandl4. The Legal Requirements of the Entry Ban: The Role of National Courts and Dialogue with the Court of Justice of the European Union Aniel Pahladsingh5. Judicial Dialogue in Action: Making Sense of the Risk of Absconding in the Return Procedure Madalina Moraru6. Cypriot Courts, the Return Directive and Fundamental Rights: Challenges and Failures Corina Demetriou and Nicos TrimikliniotisPART 2IMMIGRATION DETENTION IN THE EU: THE ROLE OF JUDGES IN SHAPING EFFECTIVE STANDARDS OF CONTROLEdited by Galina Cornelisse7. Alternatives to Immigration Detention in International and EU Law:Control Standards and Judicial Interaction in a Heterarchy Evangelia (Lilian) Tsourdi8. Scope and Intensity of Judicial Review: Which Power for Judges within the Control of Immigration Detention? Adam Blisa and David Kosar9. The Civil Judge as Administrator of Return Detention: The Case of Germany Jonas Bornemann and Harald Dorig10. The Administrative Judge as a Detention Judge: The Case of Lithuania Irmantas Jarukaitis and Agne Kalinauskaite11. Detention of Migrants in Belgium and the Criminal Judge: A Lewis Carroll World Sylvie Sarolea12. Can the Return Directive Contribute to Protection for Rejected Asylum Seekers and Irregular Migrants in Detention?The Case of Greece Angeliki Papapanagiotou-Leza and Stergios Kofinis13. Can a Justice of the Peace be a Good Detention Judge? The Case of Italy Alessia Di Pascale14. Duality of Jurisdiction in the Control of Immigration Detention: The Case of France/Trois Hautes Juridictions Nationales pour une Directive: Une Interaction Judiciaire en Trompe l’oeil Serge SlamaPART 3RIGHTS AND SAFEGUARDS IN THE APPLICATION OF THE RETURN DIRECTIVE: THE ROLE OF JUDGESIN SAFEGUARDING PROCEDURAL AND FUNDAMENTAL RIGHTS PROTECTIONEdited by Madalina Moraru and Galina Cornelisse15. The Right to be Heard: The Underestimated Condition for Effective Returns and Human Rights Consideration Valeria Ilareva16. Impact of Judicial Dialogue(s) on Development and Affirmation of the Right to Effective Legal Remedy from Articles 13 and 14 of the Return Directive Boštjan Zalar17. A Lawyer’s Perspective on Access to Classified Evidence in Return Cases: A View from Poland Jacek Bialas18. The Return of the Children Carolus Grutters19. Unremovability under the Return Directive: An Empty Protection? Jean-Baptiste Farcy20. The Prohibition of Collective Expulsion as an Individualisation Requirement Luc Leboeuf and Jean-Yves Carlier

This is a valuable book that will be essential reading for anyone concerned with the treatment of irregular migration and irregular migrants by the EU, its court, its member states and their courts … a welcome addition to the respective literatures on judicial dialogue and on EU migration law and policy. It may also usefully serve as a template for future surveys of other important pieces of EU legislation.