TY - JOUR A1 - Costello, Cathryn T1 - Safe Country? Says Who? JF - International Journal of Refugee Law N2 - In 1991, Professor Guy S Goodwin-Gill reflected on the emerging safe country of origin (SCO) practices in an editorial in the International Journal of Refugee Law, entitled ‘Safe Country? Says Who?’. This article reflects on developments regarding SCO practices since his prescient editorial, focusing on both Europe, where they originated, and Canada. The article first explores how SCO practices have developed in European law and practice since their inception, including the role of European courts in assessing their legality. This European experience is then contrasted with Canada’s short-lived experiment with its analogous Designated Country of Origin (DCO) system, which, in 2015, was deemed unconstitutional by the Federal Court of Canada. Y1 - 2016 U6 - https://doi.org/10.1093/ijrl/eew042 VL - 28 IS - 4 SP - 601 EP - 622 ER - TY - CHAP A1 - Costello, Cathryn A1 - Foster, Michelle T1 - Non-refoulement as custom and jus cogens? Putting the prohibition to the test T2 - Netherlands Yearbook of International Law N2 - The norm of non-refoulement is at the heart of the international protection of refugees yet there remains a lack of consensus as to its status. In this contribution, we examine the question whether it has attained the status of a jus cogens norm. Adopting the methodology of ‘custom plus’ we first examine whether non-refoulement has attained the status of custom, concluding that widespread state practice and opinio juris underpin the view that it is clearly a norm of customary international law. Moreover, much of this evidence also leads to the conclusion that it is ripe for recognition as a norm of jus cogens, due to its universal, non-derogatory character. In other words, it is a norm accepted and recognised by the international community of states as a whole as a norm from which no derogation is permitted. The chapter then examines the consequences for its recognition as jus cogens, exploring some of the many ways in which jus cogens status may have meaningful implications for the norm of non-refoulement. Y1 - 2015 UR - https://link.springer.com/chapter/10.1007/978-94-6265-114-2_10 VL - 46 SP - 273 EP - 327 ER - TY - JOUR A1 - Costello, Cathryn A1 - Mouzourakis, Minos T1 - EU law and the detainability of asylum-seekers JF - Refugee Survey Quarterly N2 - This article examines detention of asylum-seekers, more specifically how European Union (EU) law simultaneously constructs the asylum-seeker as a detainable subject, whilst also limiting states’ powers of detention. The power to detain is limited by international refugee and human rights law, but EU law sets more stringent standards. While international refugee law regards the asylum-seeker as a presumptive refugee, EU law seems to take a different view. Nowadays, the legal and physical rite of passage from irregular migrant to asylum-seeker to refugee defines the predicament of refugees who seek protection in the EU. Asylum-seekers are vulnerable to detention as irregular entrants, when they are in transit in search of effective protection, and if they become deportable under the Dublin System. Coercive forms of detention are, too glibly in our view, assumed to be permitted to ensure they cooperate with identification and registration processes. The chapter aims to problematise this detainability of asylum-seekers, examining in particular how their increasing deportability and transferability may increase their detainability. Drawing on empirical examples from the treatment of refugees arriving in the EU in 2015, it suggests that the EU limits on detention need further implementation and institutionalisation. Y1 - 2016 U6 - https://doi.org/10.1093/rsq/hdv020 VL - 35 IS - 1 SP - 47 EP - 73 ER - TY - JOUR A1 - Costello, Cathryn T1 - Immigration Detention: The Grounds Beneath our Feet JF - Current Legal Problems N2 - Detention as part of migration control is sometimes portrayed as a ‘necessary adjunct’ of the state’s power to control immigration. This characterization is a masking device, obscuring the grounds of detention (or the lack thereof) from proper scrutiny. It has convincingly been argued that human rights law fails to scrutinize the necessity of immigration detention. Many scholars have pointed out the anomalous approach to assessing the legal justifications for immigration detention, compared with other forms of deprivation of liberty, which are more powerfully constrained by human rights law. Yet, cogent as this critique is, it sometimes fails to interrogate the related questions concerning the legal grounds of detention. A ground is a particular form of legal reason, which both explains and justifies the official action in question. By examining the question of grounds, this article aims to elucidate the manner in which immigration law itself produces reasons to detain, and by doing so creates detainable subjects, migrants. Basic liberty-protective principles and practices developed in other areas of law are notably absent. This state of affairs is not inevitable, and legal alternatives are within reach. Y1 - 2015 U6 - https://doi.org/10.1093/clp/cuv015 VL - 68 IS - 1 SP - 143 EP - 177 ER - TY - JOUR A1 - Costello, Cathryn T1 - The Ruling of the Court of Justice in NS/ME on the fundamental rights of asylum seekers under the Dublin Regulation: Finally, an end to blind trust across the EU? JF - Asiel- en Migrantenrecht Y1 - 2012 SP - 83 EP - 92 ER - TY - JOUR A1 - Costello, Cathryn T1 - Courting Access to Asylum in Europe: Recent Supranational Jurisprudence Explored JF - Human Rights Law Review N2 - This article explores access to refugee protection, which in practice means access to a place of refuge, in light of various barriers to protection erected by European States. First, European States increasingly extend their border controls beyond their territorial borders and co-operate in order to prevent those seeking protection from reaching their territory. Yet, legal obligations, in particular the principle of non-refoulement, may continue to apply to these activities, as the concept of ‘jurisdiction’ in human rights law develops. Second, they engage a further, diametrically opposed move, where they purport to act as a single zone of protection, and allocate responsibility for asylum claimants in a manner that also hinders access to protection. The aim of this article is to explore the recent responses of Europe’s two supranational courts, the European Court of Human Rights (ECtHR or ‘Strasbourg’) and the Court of Justice of the European Union (CJEU or ‘Luxembourg’), in confronting these attempts to limit and manage access to protection in the EU. Its focus is the ECtHR ruling in Hirsi Jamaa v Italy (condemning Italy’s pushback of migrants intercepted on boats in the Mediterranean to Libya), as well as that in MSS v Belgium and Greece (concerning the Dublin system for allocation of responsibility for processing asylum claims) and the subsequent CJEU ruling in NS/ME. Y1 - 2012 U6 - https://doi.org/10.1093/hrlr/ngs011 VL - 287 SP - 287 EP - 339 ER - TY - JOUR A1 - Costello, Cathryn T1 - Human Rights and the Elusive Universal Subject: Immigration Detention under International Human Rights and EU Law JF - Indiana Journal of Global Legal Studies N2 - The right to liberty is ubiquitous in human rights instruments, in essence protecting all individuals from arbitrary arrest and detention. Yet, in practice, immigration detention is increasingly routine, even automatic, across Europe. Asylum seekers in particular have been targeted for detention. While international human rights law limits detention, its protections against immigration detention are weaker than in other contexts, as the state's immigration control prerogatives are given sway. In spite of the overlapping authority of international and regional human rights bodies, the caselaw in this field is diverse. Focusing on the U.N. Human Rights Committee, the European Court of Human Rights, and the Court of Justice of the European Union, this Article explores how greater interaction between these bodies could produce more rights-protective standards. Y1 - 2012 U6 - https://doi.org/10.2979/indjglolegstu.19.1.257 VL - 19 IS - 1 SP - 257 EP - 303 ER - TY - JOUR A1 - Costello, Cathryn T1 - Metock: Free Movement and “Normal Family Life” in the Union JF - Common Market Law Review N2 - This article examines the ECJ’s ruling, following an exceptional accelerated procedure, in Case C–127/08 Metock, of 25 July 2008. The article praises the Court’s boldness in abandoning the “prior lawful residence” requirement for residence rights of third–country national (TCN) family members of migrant EU Citizens, explicitly overruling Akrich on this issue. Its reasoning is bold, yet economical, grounded in the 2004 Citizenship Directive and right to free movement of EU citizens. However, the article is critical of the failure to publish the Opinion of AG Maduro and the sparse reasoning in the case. The ECJ’s fundamental rights reticence is particularly striking, in particular as its conception of the residence rights inherent in “normal family life” diverges from the analogous protections under Article 8 ECHR. Although Metock was an easy transborder case concerning migrant EU citizens resident in another EU Member State, the article also argues that the denial of the EC dimension to the family reunification claims of static EU citizens against their home Member States is increasingly untenable. Y1 - 2009 UR - https://kluwerlawonline.com/journalarticle/Common+Market+Law+Review/46.2/COLA2009024 VL - 46 IS - 2 SP - 587 EP - 622 ER - TY - JOUR A1 - Costello, Cathryn A1 - Davies, Gareth T1 - The Case Law of the Court of Justice in the Field of Sex Equality Since 2000 JF - Common Market Law Review N2 - This article examines developments in EC sex equality law from 1 April 2000 to 4 October 2006, continuing this journal’s tradition of periodic reviews of developments in this field. We focus on the case law of the European Court of Justice, along with one judgment of the EFTA court, taking into account the changing legislative and constitutional context. In the period under review, this context has changed in several ways. Y1 - 2006 UR - https://kluwerlawonline.com/journalarticle/Common+Market+Law+Review/43.6/COLA2006125 VL - 43 IS - 6 SP - 1567 EP - 1616 ER - TY - JOUR A1 - Costello, Cathryn T1 - The Bosphorus Ruling of the European Court of Human Rights: Fundamental Rights and Blurred Boundaries in Europe JF - Human Rights Law Review N2 - The recent case of Bosphorus Airlines v Ireland provided the European Court of Human Rights (ECtHR) with an opportunity to refine further its relationship with the EU. In particular, the ECtHR was called upon to clarify when States could be held responsible for actions taken under the banner of the EU. This article examines the status quo prior to the Bosphorus judgment, and then scrutinises the judgment itself, focusing particularly on the use and scope of the doctrine of ‘equivalent protection’ to determine State responsibility. The doctrine as outlined in Bosphorus is applied to some likely scenarios involving EU action and its relative merits and disadvantages are discussed. The article also briefly addresses the further global implications of the judgment, namely for the legal accountability of the UN Security Council and the ongoing issue of responsibility of international organisations under international law. Y1 - 2006 U6 - https://doi.org/10.1093/hrlr/ngi038 VL - 6 IS - 1 SP - 87 EP - 130 ER - TY - BOOK A1 - Costello, Cathryn T1 - The Human Rights of Migrants and Refugees in European Law N2 - This book examines key aspects of European Union (EU) law on immigration and asylum, where EU standards overlap with human rights protections and international refugee law. It focuses on questions of migration status and security of residence, family migration, refugee protection, and immigration detention. The uniting theme is the interaction between established human rights norms, in particular the European Convention on Human Rights (ECHR) and EU law. It thus provides a scholarly analysis of EU and ECHR migration and refugee law, including the post-Amsterdam legislative measures and their recasts, and the Court of Justice’s key post-Amsterdam rulings and corresponding Strasbourg case law. In so doing, it provides important insights into the roles of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) as generators of migrant rights, aiding understanding of their positions and interactions with each other. Integrating doctrinal, empirical, and theoretical material on social membership, global justice, and the construction of ‘illegality’ in migration law into the EU context, it provides a panoramic account of the EU’s role in determining who may reside in the EU, and under what terms. Y1 - 2015 SN - 9780199644742 U6 - https://doi.org/10.1093/acprof:oso/9780199644742.001.0001 PB - Oxford University Press CY - Oxford ER - TY - BOOK A1 - Bogg, Alan A1 - Costello, Cathryn A1 - Davies, A.C.L. A1 - Mellon, Andrew W. T1 - Research Handbook on EU Labour Law N2 - Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law. Y1 - 2016 SN - 9781783471119 PB - Edward Elgar Publishing CY - Cheltenham, UK and Northampton, MA ER - TY - EDBOOK A1 - Costello, Cathryn A1 - Freedland, Mark T1 - Migrants at Work: Immigration and Vulnerability in Labour Law N2 - This collection has its origins in the recognition that there is a highly significant and under-considered intersection and interaction between migration law and labour law. It is the culmination of a collaborative project on ‘Migrants at Work’ funded by the John Fell Fund, the Society of Legal Scholars and the Research Centre at St John’s College, Oxford. The collection aims to shed light on the interactions between immigration, migration law, and labour law, in particular how migration status has a bearing on labour relations and the world of work. Contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging employers’ interests in the supply of labour over worker-protective concerns. In addition, migration law creates a particular form of status, which affects labour relations, thereby dividing the subjects of labour law. While several contributions focus on the UK, other countries examined include Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. The collection identifies how migration law as currently configured jeopardizessome of the values and institutions of labour law. Y1 - 2014 SN - 9780198714101 U6 - https://doi.org/10.1093/acprof:oso/9780198714101.001.0001 PB - Oxford University Press CY - Oxford ER - TY - BOOK A1 - Bogg, Alan A1 - Costello, Cathryn A1 - Davies, A.C.L. A1 - Adams-Prassl, Jeremias T1 - The Autonomy of Labour Law N2 - To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland’s retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory. Y1 - 2015 SN - 9781782254645 U6 - https://doi.org/10.5040/9781474200899 PB - Hart Publishing CY - Oxford ER - TY - BOOK A1 - Costello, Cathryn ED - Costello, Cathryn ED - Barry, Eilis T1 - Equality in Diversity: The New EC Equality Directives Y1 - 2003 UR - https://eige.europa.eu/library/resource/eige.000417606 SN - 9781897606360 PB - Irish Centre for European Law CY - Dublin ER - TY - BOOK A1 - Costello, Cathryn ED - Costello, Cathryn T1 - Fundamental Social Rights: Current Legal Protection and the Challenge of the EU Charter of Fundamental Rights Y1 - 2001 SN - 9781897606315 PB - Irish Centre for European Law CY - Dublin ER - TY - JOUR A1 - Costello, Cathryn A1 - Mann, Itamar T1 - Border Justice: Migration and Accountability for Human Rights Violations JF - German Law Journal N2 - This introductory Article sets out the premise of the Special Issue, the entrenched and pervasive nature of human rights violations in the context of migration control and the apparent lack of accountability for such violations. It sets out features of contemporary migration control practices and their legal governance that contribute to this phenomenon, namely the exceptional treatment of migration in international law; the limited scope of international refugee law; and the pervasive use of externalized, delegated migration controls, in particular by the EU and its Member States. The roots of the current condition are traced back to the containment practices that emerged at the end of the Cold War, with the 2015 “crisis” framed both as an illustration of the failures of containment, and a source of further stasis. Following an overview of the contributions that make up the Special Issue, this Article identifies five emergent themes, and suggests further lines of inquiry. These are: the promise and limits of strategic human rights limitations; the role of both international criminal law, and domestic (and regional) tort law in securing accountability; the turn to positive obligations to challenge entrenched features of containment; and the role of direct action in support of and solidarity with those challenging migration controls most directly, refugees and migrants themselves. Rather than offering panaceas, the Article concludes with the identification of further new challenges, notably the role of new technologies in further dissipating lines of accountability for decisions to exclude. Y1 - 2020 U6 - https://doi.org/https://doi.org/10.1017/glj.2020.27 VL - 21 IS - 1 SP - 311 EP - 334 ER - TY - JOUR A1 - Costello, Cathryn T1 - Overcoming Refugee Containment and Crisis JF - German Law Journal N2 - Imagine a system in which you had to break the law and risk your life in order to enjoy its key right, a right to live lawfully in a political and legal community. That is the open secret at the heart of the so-called “Common European Asylum System” (“CEAS”). The EU and its Member States systematically erect barriers for those who would enter to claim asylum, forming part of the system of the containment of refugees in the Global South. Refugee containment is not only a European practice, but many of the policies and practices that are central to refugee containment are of fairly recent European origin. This Article identifies the costs of this refugee containment, not only for refugees and asylum-seekers, but also for Europe itself, its politics, and its adherence to the rule of law in particular. Containment contributed to the events styled as the 2015 refugee crisis in Europe, yet the crisis has generated a more intensified set of containment practices, also likely to backfire. This Article first sets out the costs of containment, and second suggests how Europe might overcome the containment-induced crisis and work to dismantle at least some aspects of containment. Y1 - 2020 U6 - https://doi.org/10.1017/glj.2019.89 VL - 21 IS - 1 SP - 17 EP - 22 ER - TY - JOUR A1 - Costello, Cathryn T1 - Refugees and (Other) Migrants: Will the Global Compacts Ensure Safe Flight and Onward Mobility for Refugees? JF - International Journal of Refugee Law N2 - Conclusion: Hannah Arendt’s 1943 essay, ‘We Refugees’, begins: ‘In the first place, we don’t like to be called “refugees”. We ourselves call each other “newcomers” or “immigrants”’. The essay demonstrates that for the refugees, of whom she was one, the label ‘immigrant’ was preferable. It reflected a desire to get on and integrate, rather than neediness. That impulse to avoid the ‘refugee’ label may still be common today, particularly from those keen to avoid rights restriction or stigmatization. However, the ‘refugee’ label today is also instrumentalized to downplay the protection needs of others – those who may not be recognized as refugees (even though they ought to be), and those who are not refugees in any sense, but nonetheless require international protection. The New York Declaration and the bifurcated Global Compacts risk endorsing an unduly narrow conception of refugeehood, and failing to root out the refugee containment that taints the global refugee regime. However, I also offer a more constructive reading, emphasizing the overarching concept of international protection, and obligations to avoid harm in migration governance. Y1 - 2018 U6 - https://doi.org/10.1093/ijrl/eey060 VL - 30 IS - 4 SP - 643 EP - 649 ER - TY - RPRT A1 - Costello, Cathryn A1 - Groenendijk, Kees A1 - Halleskov Storgaard, Louise T1 - Realising the Right to Family Reunification of Refugees in Europe N2 - This issue paper examines family reunification for refugees as a pressing human rights issue. Without it, refugees are denied their right to respect for family life, have vastly diminished integration prospects and endure great additional unnecessary suffering, as do their family members. The Commissioner for Human Rights calls on all Council of Europe member states to uphold their human rights obligations and ensure the practical effectiveness of the right to family reunification for refugees and other international protection beneficiaries. To do so, states should (re-)examine their laws, policies and practices relating to family reunification for refugees. This issue paper contains 36 recommendations to that end. Y1 - 2017 UR - http://www.refworld.org/docid/5a0d5eae4.html ER - TY - RPRT A1 - Guild, Elspeth A1 - Costello, Cathryn A1 - Moreno-Lax, Violeta T1 - Implementation of the 2015 Council Decisions establishing provisional measures in the area of international protection for the benefit of Italy and of Greece N2 - This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, examines the EU’s mechanism of relocation of asylum seekers from Greece and Italy to other Member States. It examines the scheme in the context of the Dublin System, the hotspot approach, and the EU-Turkey Statement, recommending that asylum seekers’ interests, and rights be duly taken into account, as it is only through their full engagement that relocation will be successful. Relocation can become a system that provides flexibility for Member States and local host communities, as well as accommodating the agency and dignity of asylumseekers. This requires greater cooperation from receiving States, and a clearer role for a single EU legal and institutional framework to organise preference matching and rationalise efforts and resources overall. Y1 - 2017 UR - http://www.europarl.europa.eu/RegData/etudes/STUD/2017/583132/IPOL_STU(2017)583132_EN.pdf ER - TY - RPRT A1 - Guild, Elspeth A1 - Costello, Cathryn A1 - Garlick, Madeline A1 - Moreno-Lax, Violeta T1 - Enhancing the Common European Asylum System and Alternatives to Dublin N2 - Upon request by the LIBE committee, this study examines the reasons why the Dublin system of allocation of responsibility for asylum seekers does not work effectively from the viewpoint of Member States or asylum-seekers. It argues that as long as it is based on the use of coercion against asylum seekers, it cannot serve as an effective tool to address existing imbalances in the allocation of responsibilities among Member States. The EU is faced with two substantial challenges: first, how to prevent unsafe journeys and risks to the lives of people seeking international protection in the EU; and secondly, how to organise the distribution of related responsibilities and costs among the Member States. This study addresses these issues with recommendations aimed at resolving current practical, legal and policy problems. Y1 - 2015 UR - http://www.europarl.europa.eu/RegData/etudes/STUD/2015/519234/IPOL_STU%282015%29519234_EN.pdf ER - TY - RPRT A1 - Guild, Elspeth A1 - Costello, Cathryn A1 - Garlick, Madeline A1 - Moreno-Lax, Violeta A1 - Mouzourakis, Minos T1 - New Approaches, Alternative Avenues and Means of Access to Asylum Procedures for Persons Seeking International Protection N2 - Upon request by the LIBE committee, this study examines the workings of the Common European Asylum System (CEAS), in order to assess the need and potential for new approaches to ensure access to protection for people seeking it in the EU, including joint processing and distribution of asylum seekers. Rather than advocating the addition of further complexity and coercion to the CEAS, the study proposes a focus on front-line reception and streamlined refugee status determination, in order to mitigate the asylum challenges facing Member States, and guarantee the rights of asylum seekers and refugees according to the EU acquis and international legal standards. Y1 - 2014 UR - http://www.europarl.europa.eu/thinktank/en/document.html?reference=IPOL_STU(2014)509989 ER - TY - RPRT A1 - Kaytaz, Esra A1 - Costello, Cathryn T1 - Building Empirical Research into Alternatives to Detention: Perceptions of Asylum-Seekers and Refugees in Toronto and Geneva N2 - Recent research in Toronto and Geneva indicates that asylum seekers and refugees are predisposed to be cooperative with the refugee status determination (RSD) system and other immigration procedures, and that the design of alternatives to detention can create, foster and support this cooperative predisposition – or can undermine or even demolish it. Y1 - 2013 UR - http://www.fmreview.org/detention/costello-kaytaz ER - TY - RPRT A1 - Lazarus, Liora A1 - Costello, Cathryn A1 - Ghanea, Nazila A1 - Zeigler, Katja T1 - Report on the evolution of Fundamental Rights Charters and Caselaw: A comparison of the EU, Council of Europe and UN Systems N2 - This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system. Y1 - 2011 UR - https://www.europarl.europa.eu/RegData/etudes/etudes/join/2011/432755/IPOL-AFCO_ET(2011)432755_EN.pdf ER - TY - RPRT A1 - Costello, Cathryn T1 - Report on Improving the Quality and Consistency of Asylum Decisions in the Council of Europe Member States N2 - There are important shortcomings in terms of quality and consistency of the asylum decisions taken in the Council of Europe member states. As evidence of this, in 2007 acceptance rates varied considerably between 1% and 39% in countries receiving significant numbers of asylum seekers. The situation was even more dramatic when looking at certain specific groups of asylum seekers. For example, again in 2007, the acceptance rates for Iraqis seeking protection in Europe varied between 0 and 81%. The very low recognition rates in certain countries, or for certain groups of asylum seekers, may be due to difficulties in accessing the asylum process, poor procedural safeguards in the asylum proceedings, restrictive and divergent interpretation of eligibility criteria, lack of objective and reliable country of origin information, poor evidential assessment, in particular the culture of disbelief in asylum adjudication, political pressure, lack of training of the relevant authorities and their personnel, or a combination of these factors. The Committee of Ministers of the Council of Europe should be invited to prepare guidelines to address the difficulties outlined above. These guidelines should encourage Council of Europe member states to develop higher standards of protection, based on their own domestic standards of human rights or humanitarian impulse, reflecting the nature of the European Convention on Human Rights as a pan-European minimum standard. Furthermore the Committee of Ministers should consider a mechanism for monitoring the quality and consistency of asylum decisions, and to facilitate this task, consider guidelines on harmonisation of asylum data across Council of Europe member states, taking into account work already carried out at by the European Union. The Committee of Ministers should also review the asylum curriculum in member states and develop training programmes, tools and data-bases of jurisprudence of asylum decisions across Europe. Finally, there is a pressing need for the Committee of Ministers to establish a new inter-governmentalCommittee with a permanent mandate to examine asylum and refugee issues to replace the work formerly carried out by the Ad hoc Committee of experts on the legal aspects of territorial asylum, refugees and stateless persons (CAHAR). Y1 - 2009 UR - https://www.refworld.org/docid/4b2a47f62.html ER - TY - BOOK A1 - Bacik, Ivana A1 - Costello, Cathryn A1 - Drew, Eileen T1 - Gender InJustice: Towards the Feminisation of the Legal Professions? Y1 - 2003 SN - 0953497917 ER - TY - CHAP A1 - Costello, Cathryn ED - Lucey, Mary Catherine ED - Keville, Cathrina T1 - European Community Judicial Review in the Irish Courts - Scope, Standards and Separation of Powers T2 - Irish perspectives on EC law Y1 - 2003 SN - 978-1-85800-280-4 SP - 17 EP - 50 PB - Round Hall Ltd CY - Dublin ER - TY - BOOK A1 - Costello, Cathryn ED - Costello, Cathryn ED - Foster, Michelle ED - McAdam, Jane T1 - The Oxford Handbook of International Refugee Law N2 - The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law. Y1 - 2021 SN - 9780198848639 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Costello, Cathryn A1 - Ioffe, Yulia ED - Costello, Cathryn ED - Foster, Michelle ED - McAdam, Jane T1 - Non-Penalization and Non-Criminalization T2 - The Oxford Handbook of International Refugee Law N2 - The chapter examines article 31 of the Convention relating to the Status of Refugees (Refugee Convention), the provision which purports to protect refugees from penalization for ‘illegal entry and stay’. The chapter draws on the previous work by the authors for UNHCR, including a review of national caselaw and practice on article 31 from over forty States. It reflects on the crucial role of the provision in safeguarding the right to seek asylum and argues that non-penalization constitutes one of the objects and purposes of the Refugee Convention. As a result, the chapter considers the distinct obligation on States to refrain from any acts frustrating the treaty’s object and purpose. Beyond article 31 of the Refugee Convention, the chapter explores international human rights law as a potentially wider source of protection. It examines whether the criminalization of irregular migration itself may be regarded as a human rights violation, thereby opening up a new avenue for legal research and advocacy. Finally, the chapter argues that aside from treaty obligations under international refugee and human rights law there is an emerging general principle of law relating to non-penalization of refugees and some other migrants. Y1 - 2021 UR - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3782672 SN - 9780198848639 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Costello, Cathryn A1 - O'Cinneide, Colm ED - Costello, Cathryn ED - Foster, Michelle ED - McAdam, Jane T1 - The Right to Work of Asylum Seekers and Refugees T2 - The Oxford Handbook of International Refugee Law Y1 - 2021 SN - 9780198848639 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Costello, Cathryn T1 - Reflections on an Anniversary: EU Citizenship at 20 T2 - COMPAS Migration Anthology N2 - I am writing this 20 years to the day after the Maastricht Treaty entered into force on 1 November 1993. ‘Economic and monetary union’ and ‘political union’ (coordinating foreign policy and ‘justice and home affairs’) were the main events. The Treaty also grandly announced: ‘Citizenship of the Union is hereby established’. The status was for those ‘holding the nationality of a Member State’. The rights attached were largely pre-existing and politically underwhelming. Without great fanfare, the weightiest of political concepts was uploaded into the EU Treaty, apparently an afterthought. Y1 - 2014 SN - 9781907271045 PB - COMPAS ER - TY - CHAP A1 - Costello, Cathryn ED - de la Feria, Rita ED - Vogenauer, Stefan T1 - Citizenship of the Union: Above Abuse? T2 - Prohibition of Abuse of Law: A New General Principle of EU Law Y1 - 2011 SN - 9781841139388 SP - 321 EP - 354 PB - Hart Publishing ER - TY - CHAP A1 - Costello, Cathryn A1 - Brown, Eimear ED - Kilkelly, Ursula T1 - The EU and the ECHR before European and Irish Courts T2 - ECHR and Irish Law N2 - Following the incorporation of the European Convention on Human Rights Act 2003 into Irish Law, legal developments in areas such as criminal, family and immigration law have raised serious questions of compatibility with the ECHR. Developments in the European Court of Human Rights have highlighted the increasing potential for using the ECHR to positive effect in Irish law. This second edition of ECHR and Irish Law examines the impact of the ECHR on Irish law and considers the actual and potential contribution of the ECHR Act to domestic law in a range of areas. The work begins with research on the impact of the Act and an examination of the relationship between the ECHR, Irish law and EU law. Y1 - 2008 SN - 9781846611247 SP - 21 EP - 73 PB - Jordan Publishing ET - Second Edition ER - TY - CHAP A1 - Costello, Cathryn ED - Zwaan, Karin T1 - Implementation of the Procedures Directive (2005/85) in the United Kingdom T2 - The Procedures Directive: Central Themes, Problem Issues, and Implementation in Selected Member States N2 - On 1 December 2007, the deadline for the implementation of the Directive 2005/85/EC on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status expired. The lectures on which this book is based were originally given during a seminar on the Procedures Directive that took place in Nijmegen, at the Centre for Migration Law, Radboud University, on Wednesday 12 December 2007. In light of the very substantial level of interest, we have decided to publish a book on the results of the seminar so that people who were not able to attend may benefit from the wealth of knowledge and information which was shared. This book offers insight in all the different aspects of the Procedures Directive. Y1 - 2008 SN - 9789058503602 SP - 111 EP - 132 PB - Wolf Legal Publishers ER - TY - CHAP A1 - Costello, Cathryn A1 - Cox, Neville ED - Byrne, Raymond ED - Binchy, William T1 - Sports Law T2 - Annual Review of Irish Law Y1 - 2002 SN - 9781858003153 SP - 539 EP - 553 PB - Thomson Round Hall CY - Dublin ER - TY - CHAP A1 - Costello, Cathryn T1 - The Legal Status and Legal Effects of the EU Charter of Fundamental Rights T2 - Fundamental Social Rights: Current Legal Protection and the Challenge of the EU Charter of Fundamental Rights Y1 - 2001 SP - 127 EP - 149 PB - ICEL ER - TY - CHAP A1 - Costello, Cathryn ED - Keatinge, Patrick ED - Dooge, Jim T1 - The Courts T2 - What the Treaty of Nice Means Y1 - 2001 SN - 9781874109563 SP - 61 EP - 71 PB - Institute of International and European Affairs CY - Dublin ER - TY - CHAP A1 - Costello, Cathryn ED - Cosgrove-Sacks, Carol T1 - The EU and the World Trade Organization T2 - The European Union and the Developing Countries Y1 - 1999 SN - 9780230509184 U6 - https://doi.org/10.1057/9780230509184 SP - 336 EP - 346 PB - Palgrave Macmillan CY - London ER - TY - RPRT A1 - Costello, Cathryn A1 - Betts, Alexander A1 - Zaun, Natascha T1 - A Fair Share: Refugees and Responsibility-Sharing, Report and Policy Brief N2 - Developing countries account for a large majority of global refugee reception. 3.5 million out of Syria's 4 million refugees have sought refuge in three countries - Turkey, Lebanon and Jordan. Is it possible to achieve a fair distribution of protection seekers? This Delmi report examines the division of responsibilities for those in need of protection from a global perspective. It analyses past and present models and discusses its feasibility in practice. Y1 - 2018 UR - https://www.delmi.se/en/publications/report-and-policy-brief-2017-10-a-fair-share-refugees-and-responsibility-sharing/ ER - TY - RPRT A1 - Costello, Cathryn A1 - Ioffe, Yulia A1 - Büchsel, Teresa T1 - Article 31 of the 1951 Convention Relating to the Status of Refugees N2 - The aim of this paper is to clarify the correct interpretation of Article 31 of the 1951 Convention Relating to the Status of Refugees (the 1951 Refugee Convention). The interpretation proposed is based on the binding international precepts relating to treaty interpretation, as reflected in Articles 31 to 33 of the Vienna Convention on the Law of Treaties (VCLT). Y1 - 2017 UR - http://www.refworld.org/docid/59ad55c24.html ER - TY - CHAP A1 - Costello, Cathryn ED - Barrett, Gavin T1 - EC Immigration & Asylum Policymaking: Integrating a Role for the Oireachtas T2 - National Parliaments and the European Union: The Constitutional Challenge for the Oireachtas and Other Member State Legislatures Y1 - 2008 SN - 9781905536023 SP - 205 EP - 242 PB - Clarus Press ER - TY - CHAP A1 - Costello, Cathryn ED - Baldaccini, Anneliese ED - Guild, Elspeth ED - Toner, Helen T1 - The Asylum Procedures Directive in Legal Context: Equivocal Standards Meet General Principles T2 - Whose Freedom, Security and Justice? EU immigration and asylum law after 1999 Y1 - 2007 SN - 9781841136844 SP - 151 EP - 193 PB - Hart Publishing ER - TY - CHAP A1 - Costello, Cathryn ED - Hofmann, Herwig C.H. ED - Türk, Alexander H. T1 - Administrative Governance and the Europeanisation of Asylum and Immigration Policy T2 - EU Administrative Governance Y1 - 2006 SN - 9781845422851 SP - 287 EP - 340 PB - Edward Elgar Publishing ER - TY - CHAP A1 - Costello, Cathryn T1 - Accidents of Place and Parentage: Birthright Citizenship and Border Crossings T2 - The Citizenship Referendum: Implications for the Constitution and Human Rights Y1 - 2004 SP - 5 EP - 33 PB - School of Law, Trinity College Dublin ER - TY - CHAP A1 - Costello, Cathryn A1 - Brown, Eimear ED - Kilkelly, Ursula T1 - ECHR and the European Union T2 - ECHR and Irish Law Y1 - 2004 SN - 9781846611247 SP - 35 EP - 78 PB - Jordan Publishing ER - TY - CHAP A1 - Costello, Cathryn ED - Fraser, Ursula ED - Harvey, Colin T1 - EU Asylum Law & Policy T2 - Sanctuary in Ireland, Perspectives on Asylum Law and Policy Y1 - 2004 SN - 9781904541042 SP - 18 EP - 51 PB - Institute of Public Administration ER - TY - CHAP A1 - Costello, Cathryn ED - Hourihane, Jim T1 - Irish and European Law T2 - Ireland and the European Union: The First Thirty Years 1973-2003 Y1 - 2004 SN - 9781843510352 SP - 26 EP - 40 PB - Lilliput Press Dublin ER - TY - CHAP A1 - Costello, Cathryn ED - Costello, Cathryn ED - Barry, Eilis T1 - Positive Action T2 - Equality in Diversity: The New Equality Directives Y1 - 2003 SN - 9781897606360 SP - 117 EP - 213 PB - Irish Centre for European Law and The Equality Authority CY - Dublin ER - TY - CHAP A1 - Costello, Cathryn ED - Cox, Neville ED - Schuster, Alex ED - Costello, Cathryn T1 - Sport & Equality T2 - Sports and the Law Y1 - 2004 SN - 9781904480228 SP - 457 EP - 495 PB - First Law CY - Dublin ER -