Owing to its interdisciplinary nature, the Ph. Activities to be carried out by Doctoral candidates The activities carried out by the PhD students are those traditional of scientific research in the field of law:
Ms Majcher shows that on many instances the EU instruments constituting the return policy do not offer adequate protection for non-citizens.
When implementing the return policy, Member States should thus apply stronger protection safeguards in order to avoid breaches of their international human rights obligations. Every year, aroundpersons born in non-EU countries are ordered to leave the European Union EU countries because of the lack of visa or other residence requirements.
Roughly half of them actually leave the EU, most of whom are deported. Some of them are sent to countries through which they merely transited before reaching the EU.
To speed up deportations, the EU border agency Frontex organises more than 40 charter removal flights per year. Approximatelymigrants are also prohibited to return to the whole EU territory for up to five years, while aroundare detained prior to removal. Migrant children, including unaccompanied children, are not shielded from forced return nor pre-removal detention.
Migrants ordered to leave but not deported are frequently left in a semi-legal limbo situation, Phd thesis eu law precarious access to basic social rights. These are the most salient elements of the EU return policy.
This policy refers to a set of legislative and policy measures adopted under article 79 2 c of the Treaty on the Functioning of the European Union. The main legislative instruments setting out the return policy include the Return Directivethe Council Decision on the organisation of joint removal flightsthe Regulation establishing the EU border agency Frontexthe Regulation establishing the Schengen Information Systemand the readmission agreements.
The inherent vulnerability of migrants in irregular situation on the one hand, and the importance that the EU attaches to the swift removals, one the other, imply that return procedures may pose a prima facie risk of violations of fundamental rights.
This assumption was an underlying driver for Izabella Majcher to analyse thoroughly the EU return policy from the human rights perspective. The question that the thesis seeks to answer is whether the return policy is compatible with international human rights law. The thesis thus assesses the main elements of the EU return policy against human rights norms.
In particular, it relies on the framework of human rights obligations binding on the EU Member States, rather than on the EU itself, because the return policy is in fact implemented by the latter.
Does the EU return policy contain adequate safeguards to ensure that the fundamental rights of non-citizens in the process of return expulsion are duly protected? Member States are under duty to issue a return expulsion decision on every migrant in irregular situation; however, they are not under a parallel duty to refrain from such a decision if expulsion would violate the principle of non-refoulement or the right to respect for private and family life.
The principle of non-refoulement and the right to private and family life may also be encroached by the prohibition issued to non-citizens to return re-entry ban to the whole EU territory within a time period of up to five years.
In order for the re-entry ban to be effective outside the expulsing Member State, the personal data of the migrant is stored in a large-scale database called the Schengen Information System SIS.
The rules governing the storage and processing of personal data stored in the SIS contain several shortcomings in terms of data protection requirements. Member States are allowed to detain migrants prior to expulsion. The EU legislation allows such detention for up to 18 months and on grounds that are not precisely delimited.
This may lead to systematic and prolonged immigration detention, contrary to the prohibition of arbitrary detention.
The use of force during the process of deportation is not clearly circumscribed, which is deplorable in light of several reported instances of ill-treatment or even death during deportation carried out by the EU Member States.The Ph.D course in EU Law allows the graduate to acquire specialized training in one of the two Curricula (European Law and Law and Economics), which makes available a wide range of employment prospects depending on the specific Curriculum chosen.
In addition to writing the PhD thesis, all doctoral candidates are encouraged to engage in. Research news at MINES ParisTech MINES ParisTech ranked 6th best university in France and th worldwide by Center for World University Rankings.
EU law and the question of justice De Witte, Floris () EU law and the question of justice. PhD thesis, The London School of Economics and Political Science (LSE). 1 DEPARTMENT OF INTERNATIONAL RELATIONS. Some recently completed PhD Theses (Amended December ) Name: Manuel ALMEIDA.
Supervisor: Dr P Wilson. Title: Attorney at Law, Member of the Brussels Bar E-mail: [email protected] Languages: French (native speaker) English (fluent) Academic qualifications: Licence in private law, Université Lumière Lyon 2, (LLB).
The EU was not always as big as it is today. When European countries started to cooperate economically in , only Belgium, Germany, France, Italy, Luxembourg and .