Centro de Documentação da PJ
Monografia
 CD371 |
Handbook on European law relating to asylum, borders and immigration [Recurso eletrónico] / European Union Agency for Fundamental Rights (FRA), Council of Europe, European Court of Human Rights.- 4th ed.- Luxembourg : Publications Office of the European Union, 2026.- 1 CD-ROM ; 12 cm. - (Handbook)
This handbook provides an overview of the European legal standards relevant to asylum, borders and immigration, explaining both applicable Council of Europe and EU measures. Since the publication of the third edition of this handbook in 2020, there have been significant developments in European law relating to asylum, borders and immigration. In 2024, the EU agreed on a series of new legal instruments under the pact on migration and asylum, which introduce significant changes to EU law. During the past few years, other EU law instruments were also amended, for instance in the field of legal migration or in border controls. Ficheiro de 5,66 MB em formato PDF (420 p.).
ISBN 978-92-9489-719-0
ASILO, CONTROLO FRONTEIRIÇO, DIREITO DA FAMÍLIA, DIREITO DE ASILO, LIVRE CIRCULAÇÃO DE PESSOAS, IMIGRAÇÃO, REFUGIADO
Foreword (Marialena Tsirli, Sirpa Rautio). Abbreviations. How to use this handbook. Introduction. The Council of Europe. The European Union. The Charter of Fundamental Rights of the European Union. European Union accession to the European Convention on Human Rights. Key points. 1. Access to the territory and to procedures. Introduction. 1.1. The Schengen visa regime. 1.2. Preventing unauthorised entry. 1.3. Entry bans and Schengen alerts. 1.4. Checks at the EU’s external borders. 1.5. Internal borders within the Schengen area. 1.6. Local border traffic. 1.7. Transit zones. 1.8. Access to asylum. 1.9. Search and rescue and disembarkation in a safe port. Key points. 2. Large-scale EU IT systems and interoperability. Introduction. 2.1. Large-scale EU information systems. 2.2. Interoperability. 2.3. Using artificial intelligence in large-scale EU IT systems. 2.4. Oversight. 2.5. Purpose limitation, data minimisation and data accuracy. 2.6. Right to information. 2.7. Access to data. 2.8. Data transfers to third parties. 2.9. Data subjects’ rights. Key points. 3. Status and associated documentation. Introduction. 3.1. Asylum seekers. 3.2. Recognised refugees and subsidiary and temporary protection beneficiaries. 3.3. Victims of trafficking and of particularly exploitative labour conditions. 3.4. Persons affected by Rule 39 interim measures. 3.5. Migrants in an irregular situation. 3.6. Long-term residents. 3.7. Turkish nationals. 3.8. British nationals. 3.9. Third-country nationals who are family members of EEA or Swiss nationals. 3.10. Stateless persons and the loss of citizenship or documentation. Key points. 4. Asylum determination and barriers to removal: substantive issues. Introduction. 4.1. The right to asylum and the principle of non-refoulement. 4.2. Collective expulsion. 4.3. Barriers to expulsion based on other human rights grounds. 4.4. Third-country nationals who enjoy a higher degree of protection from removal. Key points. 5. Procedural safeguards and legal support in asylum and return cases. Introduction. 5.1. Asylum procedures. 5.2. Responsibility determination procedures. 5.3. Return procedures. 5.4. Use of force and restraint measures during the removal process. 5.5. Legal and linguistic assistance in asylum and return procedures. Key points. 6. Family life and the right to marry. Introduction. 6.1. The right to marry and to found a family. 6.2. Family members who are already in the EU. 6.3. Family reunification. 6.4. Safeguards concerning expulsion of family members. Key points. 7. Detention and restrictions to freedom of movement. Introduction. 7.1. Deprivation of liberty or restriction on the freedom of movement? 7.2. Alternatives to detention. 7.3. Exhaustive list of exceptions to the right to liberty. 7.4. Prescribed by law. 7.5. Necessity and proportionality. 7.6. Arbitrariness. 7.7. Detention of individuals with specific needs. 7.8. Procedural safeguards. 7.9. Detention conditions or regimes. 7.10. Compensation for unlawful detention. Key points. 8. Economic and social rights. Introduction. 8.1. Main sources of law. 8.2. Economic rights. 8.3. Education. 8.4. Housing. 8.5. Healthcare. 8.6. Social security and social assistance. Key points. 9. Persons with specific needs. Introduction. 9.1. Unaccompanied children. 9.2. Victims of trafficking in human beings. 9.3. Persons with disabilities. 9.4. Victims of torture. 9.5. Victims of gender-based violence. Key points. 10. Monitoring compliance with fundamental rights and investigations. Introduction. 10.1. Monitoring mechanisms. 10.2. Complaints mechanisms. 10.3. Investigations. Key points. List of cases. How to find case-law of the European courts. EU instruments and selected agreements. Online sources. Further reading. Annex 1: Applicability of EU legal instruments cited in this handbook. Annex 2: Applicability of selected Council of Europe instruments. Annex 3: Acceptance of European Social Charter provisions. Annex 4: Acceptance of selected United Nations conventions. Annex 5: Country codes used in the annexes.