About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

48 Managerial L. 5 (2006)

handle is hein.journals/ijlm48 and id is 1 raw text is: The current issue and full text archive of this journal is available at Q www.emeraldinsight.com/0309-0558.htm Constitutionalising immigration law Elia Marzal Law Faculty, Ramon Llull University, Barcelona, Spain Abstract Purpose - The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection. Design/methodology/approach - One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts. Findings - The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered - France, Germany and Spain - have progressively moved towards converging solutions in protecting immigrants. Originality/value - The research contributes to a better understanding of the different legal orders analysed. Keywords European Union, Laws and legislation, Immigrants, Case law Paper type Research paper Immigration law 5 l Managerial Law Vol. 48 No. 1/2, 2006 pp. 5-251 © Emerald Group Publishing Limited 0309-0558 DOI 10.1108/03090550610646771

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most