The Political Potential of the Return Directive

Andrew Crosby
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Andrew Crosby: Fonds National de Recherche Scientifique (FNRS), Group for Research on Ethnic Relations, Migration & Equality (GERME), Department of Sociology, Université libre de Bruxelles (ULB), Brussels 1050, Belgium

Laws, 2014, vol. 3, issue 1, 1-24

Abstract: This paper demonstrates how the legitimate interests of immigrants are gradually being recognized through judicial application of EU immigration law. A philosophical and theoretical introduction demonstrates how this recognition constitutes a political momentum. After a brief review of the impact of the ECtHR, we discuss the case law of the ECJEU on the Return Directive to show how, through the principles of proportionality and sincere cooperation, this legitimate interest is indirectly being calculated by the Luxembourg court. This means that national courts will have to follow suite, as is demonstrated in the last section of this paper. Hence the title of the article: the political potential is due to this indirect recognition. In the conclusion, a suggestion is made to further develop this potential.

Keywords: part without part; normal migrants; human rights; Return Directive; proportionality; detention; immigration (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2014
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Persistent link: https://EconPapers.repec.org/RePEc:gam:jlawss:v:3:y:2014:i:1:p:117-140:d:32555

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