Migrants' rights, populism and legal resilience in Europe / / edited by Vladislava Stoyanova, Stijn Smet.

• Superior document: Social Sciences
• TeilnehmendeR: Stoyanova, Vladislava,; Smet, Stijn,
• Place / Publishing House: Cambridge : : Cambridge University Press,, 2022.
• Year of Publication: 2022
• Language: English
• Series: Social Sciences
• Physical Description: 1 online resource (xiv, 394 pages) :; digital, PDF file(s).
• Notes: Open Access.; Title from publisher's bibliographic system (viewed on 07 Apr 2022).

Bringing together scholars of migration and constitutional law, this volume analyses the problematic relationship between the rise of populism, restrictions of migrants' rights and democratic decay in Europe. By offering both constructive and critical accounts, it creates a nuanced debate on the possibilities for and limitations of legal resilience against populist erosion of migrants' rights. Crucially, it does not merely diagnose the causes of restrictions of migrants' rights, but also proposes how the law might be used as a solution. In this volume, the law is considered as both a source of resilience and part of the problem at three distinct levels: the legal-theoretical, the European, and the national level. It is a major contribution to the literature on migrants' rights, offering a nuanced account of how legal resilience might be used to safeguard migrants' rights against further erosion in populist times. This book is available as Open Access.

Table of Contents

Vladislava Stoyanova, 'Inherent instability or tipping of the balance : populism, immigration, and liberal democracies' populism, immigration, and liberal democracies' -- Patricia Mindus, 'On population design. using migration law to dismantle constitutional democratic institutions' -- Gregor Noll, 'Viciously circular : will ageing lock the European Union into immigrant exclusion?' -- Thomas Spijkerboer, 'Coloniality and recent European migration case law' -- Alezini Loxa and Vladislava Stoyanova, 'Migration as a constitutional crisis for the European Union' -- Jan Wouters and Maaike De Ridder, 'Possibilities and limits of European Union action against democratic backsliding and decline of migrants' rights in member states' -- Barbara Grabowska-Moroz and Dimitry Kochenov Moroz and Dimitry Kochenov, 'The loss of face for everyone concerned : EU rule of law in the context of the "migration crisis" -- Kriszta Kovács and Boldizsár Nagy, 'In the hands of a populist authoritarian : the agony of the Hungarian asylum system and the possible ways of recovery' -- Barbara Mikołajczyk and Mariusz Jagielski, "Good change" and the migration policy in Poland in a trap of democracy' -- Stefano Zirulia and Giuseppe Martinico, 'Criminalising migrants and securitising borders : the Italian "no way" model in the age of populism' -- Margit Ammer and Lando Kirchmair, 'The restriction of refugee rights during the ÖVP-FPÖ coalition 2018-2019 in Austria : consequences, legacy, and potential for future resilience against populism' -- Ellen Desmet and Stijn Smet Ellen Desmet and Stijn Smet, 'Right-wing populism, crumbling migrants' rights, and strategies of resistance in Belgium' -- Rebecca Thorburn Stern and Anna-Rebecca Thorburn Stern and Anna-Sara Lind Sara Lind, 'A stable yet fragile system? legal resilience against rights erosion in current Swedish migration policy' -- Bas Schotel, , "Populism? it's administrative law, stupid!" how administrative law subverts legal resilience.