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Demanding Rights
Europe's Supranational Courts and the Dilemma of Migrant Vulnerability


Part of Cambridge Asylum and Migration Studies

  • Date Published: May 2019
  • availability: In stock
  • format: Paperback
  • isbn: 9781108733885

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About the Authors
  • While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.

    • Tackles a topical and controversial subject matter, namely the rights of refugees and other vulnerable migrants in Europe
    • Offers a detailed evaluation of key cases of Europe's two supranational courts within the migration domain
    • Addresses head-on the discrepancy between the rights that vulnerable migrants enjoy nominally and in practice
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    Reviews & endorsements

    '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

    'Zooming in on one of the most contentious fields of contemporary human rights struggles - migrant rights - this excellent monograph investigates what can be expected of European supranational jurisdictions. The study of the impact and/or effectiveness of strategies is a crucial yet still underdeveloped aspect of human rights work. Baumgärtel has developed a method that allows him to assess the results of the work of the Strasbourg and Luxemburg courts. Admirably, this author resists the temptation of surfing on the wave of human rights skepticism. Instead, he chooses constructive engagement with human rights theory as well as with strategies of courts and litigators, aimed at optimizing effectiveness.' Eva Brems, Ghent University, Belgium

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    Product details

    • Date Published: May 2019
    • format: Paperback
    • isbn: 9781108733885
    • length: 206 pages
    • dimensions: 248 x 174 x 11 mm
    • weight: 0.38kg
    • contains: 6 b/w illus. 5 tables
    • availability: In stock
  • Table of Contents

    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.

  • Author

    Moritz Baumgärtel, Universiteit Utrecht, The Netherlands
    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.

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