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Control of Irregular Migration and EU Law and Policy: a Human Rights Deficit

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Chapter Summary

This chapter focuses on the important issues that are conspicuously absent from the Commission's Communication and the Council's Comprehensive Plan to Combat Illegal Immigration. It outlines the general human rights framework within which action against irregular migration should be located. The chapter considers the importance of the developing EU law and policy on irregular migration, both for European Union (EU) Member States, candidate states as well as countries further afield. It proposes some positive measures that would restore, or at least alleviate, the human rights deficit in EU law and policy aimed at controlling irregular migration. Cross or mutual recognition of national decisions constitutes the basis of EU action in respect of irregular migrants. It means in effect the recognition and enforcement of the decisions of the authorities of one Member State by another notwithstanding that they are made on the basis of different procedural and substantive rules.

Keywords: European Union (EU) law; human rights deficit; irregular migration



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