Exploring new types of interactions between EU law and international law
The case of the expulsion of aliens
Exploring the case of the expulsion of aliens, Dr Tamás Molnár will present his research on new types of interactions between EU law and international law. Prof Ramses Wessel (University of Twente) will act as discussant.
Despite the autonomy of the EU legal order, Union law has engaged with international law in various forms of interactions in the past two decades. The Lisbon Treaty is evident in this regard, and some EU policies have made great use of pre-existing international law, too (e.g. in the field of migration).
This approach, however, has only slowly infiltrated into the CJEU’s case-law. Although there are signs of a more open attitude of the EU Court towards international law, the practice is rather controversial and lately tends to support EU law’s somewhat disconnected nature (cf. Intertanko, Kadi, ATAA, Opinion 2/13 and Achmea). Still, written EU law represents a greater openness towards external norms and shows willingness to let international law in its normative framework. The other dimension, i.e. the active role of EU law in shaping public international law, needs to be equally studied so as to see how the former influences the latter (e.g. within international organisations such as the UN; during international conferences leading to the adoption of multilateral treaties etc.).
Expulsion of Aliens
‘Expulsion of aliens’ (the term used by the ILC) or ‘return law/policy’ (as called in the EU) serves as a very good terrain to explore new kinds of interactions from the perspective of both normative orders. This area of law has been substantially inspired by international law (e.g. by major UN human rights conventions, ECtHR case-law or the CoE 20 Guidelines on Forced Return). Besides the EU legislative developments reflecting and respecting international law, the expanding return-related case-law of the CJEU is also worth an in-depth examination.
Looking at the impact of EU return law on the international law governing the expulsion of aliens, the work of the ILC on the expulsion of aliens (draft articles – August 2014) and the Council of Europe’s standard-setting activities (e.g. European Immigration Detention Rules being currently elaborated) has been tangibly influenced by EU legislative developments.
The research aims at depicting a legally sound and sufficiently elaborate picture in this particular field of law to see how and through what channels one legal order influences and shapes the other and whether one can witness new types of interactions between EU law and international law.
Tamás Molnár will be presenting selected chapters of his forthcoming monograph titled "Exploring new types of interactions between EU law and international law: the case of the expulsion of aliens." A selection of draft chapters will be circulated before the event.
Dr Tamás Molnár PhD works as legal research officer on asylum, migration and borders at the European Union Agency for Fundamental Rights. He is also a visiting lecturer at the Institute of International Studies at Corvinus University of Budapest. His areas of expertise with respect to the FRA’s work include: fundamental rights of irregular migrants; return and readmission of irregular migrants, including detention; anti-smuggling; EU asylum acquis and visa policy as well as horizontal issues of public international law.
Ramses Wessel is Professor of International and European Law & Governance and Co-Director of the Centre for European Studies at the University of Twente, The Netherlands. He is the former Vice Rector (Dean of Educational Innovation) of the University and the former Dean of the School of Management and Governance.
The event is open to the public.
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