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Laws 2014, 3(1), 117-140; doi:10.3390/laws3010117

The Political Potential of the Return Directive

Fonds National de Recherche Scientifique (FNRS), Group for Research on Ethnic Relations, Migration & Equality (GERME), Department of Sociology, Université libre de Bruxelles (ULB), Brussels 1050, Belgium
Received: 23 November 2013 / Revised: 20 January 2014 / Accepted: 22 January 2014 / Published: 27 January 2014
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This paper demonstrates how the legitimate interests of immigrants are gradually being recognized through judicial application of EU immigration law. A philosophical and theoretical introduction demonstrates how this recognition constitutes a political momentum. After a brief review of the impact of the ECtHR, we discuss the case law of the ECJEU on the Return Directive to show how, through the principles of proportionality and sincere cooperation, this legitimate interest is indirectly being calculated by the Luxembourg court. This means that national courts will have to follow suite, as is demonstrated in the last section of this paper. Hence the title of the article: the political potential is due to this indirect recognition. In the conclusion, a suggestion is made to further develop this potential.
Keywords: part without part; normal migrants; human rights; Return Directive; proportionality; detention; immigration part without part; normal migrants; human rights; Return Directive; proportionality; detention; immigration
This is an open access article distributed under the Creative Commons Attribution License (CC BY) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

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Crosby, A. The Political Potential of the Return Directive. Laws 2014, 3, 117-140.

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