File #2841: "2020_Book_TransnationalLawOfHumanMobilit.pdf"
Text
1|Acknowledgements|6
1|Contents|8
1|Abbreviations|10
1|Chapter 1: Introduction|12
2|References|19
1|Chapter 2: On the Legal Nature of Migration Law in Brazil, Germany and the European Union|21
2|2.1 Defining Migration|22
3|2.1.1 Voluntary and Forced Migration: A Reflection|26
2|2.2 The Legal Nature of Migration Law in Brazil|32
2|2.3 The Legal Nature of Migration Law in the European Union|36
3|2.3.1 The Legal Nature of Migration Law in Germany|39
2|2.4 Preliminary Conclusions: The Taxonomy of Migration Law|41
2|References|43
1|Chapter 3: Historical Aspects of Migration in Brazil and in Germany|48
2|3.1 Migration in Brazil: Background and Current Trends|48
3|3.1.1 The Brazilian Diaspora|54
3|3.1.2 Current Trends Regarding Migration in Brazil: What Comes Next?|55
2|3.2 Migration in Germany: Backgrounds and Current Trends|59
3|3.2.1 Germany and the Migration Movements After the Second World War|63
3|3.2.2 Migration in Germany Under the European Union Panorama and the Recent ``Migration Crisis´´|68
2|3.3 Preliminary Conclusions|71
2|References|72
1|Chapter 4: The Legal Framework of Migration in Brazil and in MERCOSUL|75
2|4.1 The Legal Framework of Migration of Non-MERCOSUL Citizens in Brazil|76
3|4.1.1 The Immigrant|81
3|4.1.2 The Emigrant|82
3|4.1.3 The Border Resident|84
3|4.1.4 The Visitor|86
3|4.1.5 The Stateless Person|86
3|4.1.6 Principles and Guarantees According to Brazil´s New Migration Law|89
3|4.1.7 The Entry and Stay of Immigrants Into/Within Brazilian Territory Under Brazilian Law|92
3|4.1.8 The Compulsory Exit of Migrants Under Brazilian Law|98
4|4.1.8.1 Repatriation|98
4|4.1.8.2 Expulsion|99
4|4.1.8.3 Deportation|102
2|4.2 Understanding MERCOSUL´s Structure and Its Relation to the Movement of People Within the Regional Integration System|104
2|4.3 The Legal Framework of Migration in MERCOSUL|111
2|4.4 Preliminary Conclusions|126
2|References|129
1|Chapter 5: The Legal and Normative Framework on Migration in Germany and in the European Union|134
2|5.1 Germany´s Legal Framework on Migration and Its Responsiveness to the Free Movement of Third-Country Nationals Within the C...|135
3|5.1.1 The Rights of Third-Country Nationals Who Reside in Germany for Educational Purposes|149
3|5.1.2 The Rights of Residence of Third-Country Nationals Who Reside in Germany for Economic Purposes|153
3|5.1.3 Termination of Stay|160
4|5.1.3.1 Expulsion|162
4|5.1.3.2 Removal|165
4|5.1.3.3 Deportation|167
2|5.2 European Union Law and the Free Movement of People|171
3|5.2.1 The European Union Citizenship and the Freedom of Migration of EU Citizens Within the EU Borders|171
4|5.2.1.1 Entry, Stay, and Compulsory Withdrawal of EU Citizens|185
4|5.2.1.2 General Rules on the Entry and Stay of EU Citizens and Their Family Members|187
4|5.2.1.3 Restrictions on the Right of Free Movement and Residence on Grounds of Public Policy, Public Security or Public Health|191
4|5.2.1.4 Protection Against Expulsion and the Possibility of Compulsory Withdrawal of EU Citizens on the Grounds of Abuse of Ri...|199
3|5.2.2 The European Union´s Third Country Nationals Approach on Migration|206
4|5.2.2.1 Migration Agreements Between the European Union and Third Countries|209
4|5.2.2.2 Entry, Stay, and Compulsory Withdrawal of TCN Under the Light of the EU´s Directives|211
5|Council Directive 2003/109/EC of 25 November 2003 Concerning the Status of Third-Country Nationals Who Are Long-Term Residents|216
5|Council Directive 2009/50/EC of 25 May 2009 on the Conditions of Entry and Residence of Third-Country Nationals for the Purpos...|219
5|Directive 2011/98/C of the European Parliament and of the Council of 13 December 2011 on a Single Application Procedure for a ...|223
5|Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on Common Standards and Procedures in ...|226
2|5.3 Preliminary Conclusions|230
2|References|232
1|Chapter 6: Conclusions and Recommendations|237
2|6.1 Transnational Law of Human Mobility|237
2|6.2 Two Historical Backgrounds on Migration That Lead to Two Different Legal Approaches|238
2|6.3 A Brazilian Legal Framework on Migration That Strikes Out from the Regulations on MERCOSUL Level|239
2|6.4 An Administrative Law Approach on German Migration and a Selective EU Migration Law|244
2|6.5 Final Comparisons and Outlooks|246
2|Reference|248
1|Contents|8
1|Abbreviations|10
1|Chapter 1: Introduction|12
2|References|19
1|Chapter 2: On the Legal Nature of Migration Law in Brazil, Germany and the European Union|21
2|2.1 Defining Migration|22
3|2.1.1 Voluntary and Forced Migration: A Reflection|26
2|2.2 The Legal Nature of Migration Law in Brazil|32
2|2.3 The Legal Nature of Migration Law in the European Union|36
3|2.3.1 The Legal Nature of Migration Law in Germany|39
2|2.4 Preliminary Conclusions: The Taxonomy of Migration Law|41
2|References|43
1|Chapter 3: Historical Aspects of Migration in Brazil and in Germany|48
2|3.1 Migration in Brazil: Background and Current Trends|48
3|3.1.1 The Brazilian Diaspora|54
3|3.1.2 Current Trends Regarding Migration in Brazil: What Comes Next?|55
2|3.2 Migration in Germany: Backgrounds and Current Trends|59
3|3.2.1 Germany and the Migration Movements After the Second World War|63
3|3.2.2 Migration in Germany Under the European Union Panorama and the Recent ``Migration Crisis´´|68
2|3.3 Preliminary Conclusions|71
2|References|72
1|Chapter 4: The Legal Framework of Migration in Brazil and in MERCOSUL|75
2|4.1 The Legal Framework of Migration of Non-MERCOSUL Citizens in Brazil|76
3|4.1.1 The Immigrant|81
3|4.1.2 The Emigrant|82
3|4.1.3 The Border Resident|84
3|4.1.4 The Visitor|86
3|4.1.5 The Stateless Person|86
3|4.1.6 Principles and Guarantees According to Brazil´s New Migration Law|89
3|4.1.7 The Entry and Stay of Immigrants Into/Within Brazilian Territory Under Brazilian Law|92
3|4.1.8 The Compulsory Exit of Migrants Under Brazilian Law|98
4|4.1.8.1 Repatriation|98
4|4.1.8.2 Expulsion|99
4|4.1.8.3 Deportation|102
2|4.2 Understanding MERCOSUL´s Structure and Its Relation to the Movement of People Within the Regional Integration System|104
2|4.3 The Legal Framework of Migration in MERCOSUL|111
2|4.4 Preliminary Conclusions|126
2|References|129
1|Chapter 5: The Legal and Normative Framework on Migration in Germany and in the European Union|134
2|5.1 Germany´s Legal Framework on Migration and Its Responsiveness to the Free Movement of Third-Country Nationals Within the C...|135
3|5.1.1 The Rights of Third-Country Nationals Who Reside in Germany for Educational Purposes|149
3|5.1.2 The Rights of Residence of Third-Country Nationals Who Reside in Germany for Economic Purposes|153
3|5.1.3 Termination of Stay|160
4|5.1.3.1 Expulsion|162
4|5.1.3.2 Removal|165
4|5.1.3.3 Deportation|167
2|5.2 European Union Law and the Free Movement of People|171
3|5.2.1 The European Union Citizenship and the Freedom of Migration of EU Citizens Within the EU Borders|171
4|5.2.1.1 Entry, Stay, and Compulsory Withdrawal of EU Citizens|185
4|5.2.1.2 General Rules on the Entry and Stay of EU Citizens and Their Family Members|187
4|5.2.1.3 Restrictions on the Right of Free Movement and Residence on Grounds of Public Policy, Public Security or Public Health|191
4|5.2.1.4 Protection Against Expulsion and the Possibility of Compulsory Withdrawal of EU Citizens on the Grounds of Abuse of Ri...|199
3|5.2.2 The European Union´s Third Country Nationals Approach on Migration|206
4|5.2.2.1 Migration Agreements Between the European Union and Third Countries|209
4|5.2.2.2 Entry, Stay, and Compulsory Withdrawal of TCN Under the Light of the EU´s Directives|211
5|Council Directive 2003/109/EC of 25 November 2003 Concerning the Status of Third-Country Nationals Who Are Long-Term Residents|216
5|Council Directive 2009/50/EC of 25 May 2009 on the Conditions of Entry and Residence of Third-Country Nationals for the Purpos...|219
5|Directive 2011/98/C of the European Parliament and of the Council of 13 December 2011 on a Single Application Procedure for a ...|223
5|Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on Common Standards and Procedures in ...|226
2|5.3 Preliminary Conclusions|230
2|References|232
1|Chapter 6: Conclusions and Recommendations|237
2|6.1 Transnational Law of Human Mobility|237
2|6.2 Two Historical Backgrounds on Migration That Lead to Two Different Legal Approaches|238
2|6.3 A Brazilian Legal Framework on Migration That Strikes Out from the Regulations on MERCOSUL Level|239
2|6.4 An Administrative Law Approach on German Migration and a Selective EU Migration Law|244
2|6.5 Final Comparisons and Outlooks|246
2|Reference|248