1. Introduction; Part I: 2. Expanding the rights to stay?; 3. Establishing responsibility; 4. Reaffirming jurisdiction; Part II: 5. From dilemmatic to strategic adjudication; 6. From strategic to consolidating litigation; 7. Migrant rights as existential commitments; 8. Demanding rights: some conclusions.
Evaluates and reconsiders how the human rights of vulnerable migrants are protected through Europe's supranational courts.
Moritz Baumgärtel is Assistant Professor at the Faculty of Law of Universiteit Utrecht, The Netherlands and at University College Roosevelt. He holds a Ph.D. from the Université libre de Bruxelles, an M.Phil. in International Relations from the University of Cambridge and an LL.M. in Public International Law from Universiteit Utrecht, The Netherlands. In recent years, he has been a lecturer at Tilburg Law School and has held visiting positions at the law schools of the University of Michigan, Duke University, and the University of Copenhagen. Baumgärtel's research concerns the human rights of vulnerable migrants such as refugees, asylum seekers and undocumented migrants.
'With a rigorous methodology and laser-precise analysis, Baumgärtel
shows the potential - if adequately prompted by rights defenders -
for the European judiciary to steer migration policies towards a
better protection of the human rights of migrants, despite the
increasing nationalist populist pressure towards tighter
'securitisation' of the borders.' François Crépeau, Hans and Tamar
Oppenheimer Professor in Public International Law, McGill
University, Montreal
'Zooming in on one of the most contentious fields of contemporary
human rights struggles - migrant rights - this excellent monograph
investigates what can be expected of European supranational
jurisdictions. The study of the impact and/or effectiveness of
strategies is a crucial yet still underdeveloped aspect of human
rights work. Baumgärtel has developed a method that allows him to
assess the results of the work of the Strasbourg and Luxemburg
courts. Admirably, this author resists the temptation of surfing on
the wave of human rights skepticism. Instead, he chooses
constructive engagement with human rights theory as well as with
strategies of courts and litigators, aimed at optimizing
effectiveness.' Eva Brems, Ghent University, Belgium
'[T]his book is highly recommended. The strength of Baumgärtel's
work lies in the clarity of his arguments despite the complexity of
the subject; his clear guidance on how to unpack human rights
adjudication; his convincing and novel approach of using a vast
array of sociolegal sources, ranging from the empirical methods of
case assessment to qualitative interviews; and his thorough and
occasionally provocative assessment of prevailing shortcomings
regarding the realization of vulnerable migrants' rights, combined
with numerous constructive proposals to advance these rights. These
qualities make Demanding Rights a valuable contribution to
theoretical critical human rights scholarship and to the work of
human rights defenders alike.' Lena Riemer, International Journal
of Constitutional Law
'Moritz Baumgärtel's book … offers remarkably clear insight into
the impact of the European Court of Human Rights (ECtHR) and the
Court of Justice of the European Union (CJEU) jurisprudence on the
actual protection of the rights of vulnerable migrants … Most
importantly, he has included in the discussion the various
stakeholders - courts, attorneys, state officials and, of course,
migrants themselves. Adjusting remarkably well the theories of
effectiveness to explain the perplexing and multi-dimensional
causes and effects of European courts adjudication, Baumgärtel has
created a book that is a valuable addition to the reading shelf
both of a legal practitioner and a migrant rights advocate,
introducing, simultaneously, a fresh set of ideas which could
engage other researchers in fruitful discourse.' Dimitra Fragkou,
Human Rights Law Review
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