Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.

PART 1
STAGES OF THE EU RETURN PROCEDURE: THE ROLE OF JUDGES IN ENSURING AN EFFECTIVE IMPLEMENTATION
OF THE RETURN DIRECTIVE
Edited by Madalina Moraru
1. The Scope of the Return Directive: How Much Space is Left for National Procedural Law on Irregular Migration
Galina Cornelisse
2. Return Decisions and Domestic Judicial Practices: Is Spain Different?
Cristina Gortazar Rotaeche
3. Voluntary Departure as a Priority: Challenges and Best Practices
Ulrike Brandl
4. The Legal Requirements of the Entry Ban: The Role of National Courts and Dialogue with the Court of Justice of the European Union
Aniel Pahladsingh
5. Judicial Dialogue in Action: Making Sense of the Risk of Absconding in the Return Procedure
Madalina Moraru
6. Cypriot Courts, the Return Directive and Fundamental Rights: Challenges and Failures
Corina Demetriou and Nicos Trimikliniotis

PART 2
IMMIGRATION DETENTION IN THE EU: THE ROLE OF JUDGES IN SHAPING EFFECTIVE STANDARDS OF CONTROL
Edited by Galina Cornelisse
7. Alternatives to Immigration Detention in International and EU Law:Control Standards and Judicial Interaction in a Heterarchy
Evangelia (Lilian) Tsourdi
8. Scope and Intensity of Judicial Review: Which Power for Judges within the Control of Immigration Detention?
Adam Blisa and David Kosar
9. The Civil Judge as Administrator of Return Detention: The Case of Germany
Jonas Bornemann and Harald Dorig
10. The Administrative Judge as a Detention Judge: The Case of Lithuania
Irmantas Jarukaitis and Agne Kalinauskaite
11. Detention of Migrants in Belgium and the Criminal Judge: A Lewis Carroll World
Sylvie Sarolea
12. Can the Return Directive Contribute to Protection for Rejected Asylum Seekers and Irregular Migrants in Detention?The Case of Greece
Angeliki Papapanagiotou-Leza and Stergios Kofinis
13. Can a Justice of the Peace be a Good Detention Judge? The Case of Italy
Alessia Di Pascale
14. Duality of Jurisdiction in the Control of Immigration Detention: The Case of France/Trois Hautes Juridictions Nationales pour une Directive: Une Interaction Judiciaire en Trompe l'oeil
Serge Slama

PART 3
RIGHTS AND SAFEGUARDS IN THE APPLICATION OF THE RETURN DIRECTIVE: THE ROLE OF JUDGES
IN SAFEGUARDING PROCEDURAL AND FUNDAMENTAL RIGHTS PROTECTION
Edited by Madalina Moraru and Galina Cornelisse
15. The Right to be Heard: The Underestimated Condition for Effective Returns and Human Rights Consideration
Valeria Ilareva
16. Impact of Judicial Dialogue(s) on Development and Affirmation of the Right to Effective Legal Remedy from Articles 13 and 14 of the Return Directive
Boštjan Zalar
17. A Lawyer's Perspective on Access to Classified Evidence in Return Cases: A View from Poland
Jacek Bialas
18. The Return of the Children
Carolus Grutters
19. Unremovability under the Return Directive: An Empty Protection?
Jean-Baptiste Farcy
20. The Prohibition of Collective Expulsion as an Individualisation Requirement
Luc Leboeuf and Jean-Yves Carlier