Jump to ContentJump to Main Navigation
The Human Rights of Migrants and Refugees in European Law$
Users without a subscription are not able to see the full content.

Cathryn Costello

Print publication date: 2015

Print ISBN-13: 9780199644742

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780199644742.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 November 2019

Destination Europe

Destination Europe

Chapter:
(p.1) 1 Destination Europe
Source:
The Human Rights of Migrants and Refugees in European Law
Author(s):

Cathryn Costello

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199644742.003.0001

Human rights courts, including the ECtHR, often defer to statist border control prerogatives. My central contention is that moving immigration and asylum policy into EU law has transformative potential. That potential is rooted in the EU’s distinctive constitutional and institutional constellation. At the constitutional level, the aim of the creation of an Area of Freedom, Security and Justice has transformative potential. The institutional dimension includes shared competences, minimum standards legislation, and the institutionalization of mutual recognition across the EU. These features of the EU suggest an approach to migrant and refugee rights that transcends the statist paradigm. Whether that promise is met is explored in the body of this book. In engaging with immigration and asylum policy, the EU is engaged in a crucial element of self-definition: the ‘Destination Europe’ of the title refers not only to migrants’ destination but also the political form of the EU.

Keywords:   human rights, migrants, statist migration control prerogatives, sovereignty, Area of Freedom, Security and Justice, shared competences, mutual recognition

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .