Bas Schotel
Dados Biográficos
| ID | 4484908 |
|---|---|
| NOME | Bas Schotel |
| PRENOMES | Bas |
| SOBRENOME | Schotel |
| ASSINATURA | SCHOTEL B |
| AFILIAÇÕES | University of Amsterdam |
| ORCID | 0000-0002-9203-1001 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 8 |
| TOTAL DE CITAÇÕES | 2 |
| TOTAL COMO AUTOR | 8 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2011 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2026 |
| ÍNDICE H | 1 |
Bureaucratic Law and Manifestly Illegal Measures
In European countries that are still considered liberal democracies such as The Netherlands and Belgium, one finds multiple cases of authorities executing policies targeting migrants that are manifestly illegal. The measures are illegal because they typically lack sufficient statutory basis or violate higher legal norms. The illegality is manifest because legal advisors of the government or courts have already found the measures illegal. The meas…
The Pre-Removal Detention of Immigrants
The EU Return Directive demands that immigrant detention be as short as possible, but, by logical implication, this also means that detention can be as long as necessary. What concerns the maximum length of detention, the Return Directive is remarkably generous: Immigrants can be detained for a period of up to eighteen months—a deprivation of liberty that is otherwise justified only as punishment for serious crimes. The practice of such long-term…
The EU-Turkey Statement and the Structure of Legal Accountability
This chapter looks at the EU-Turkey Statement (hereafter ‘the Statement’) and the CJEU rulings on the Statement from a legal theory perspective. It seeks to better understand the obstacles and opportunities for legal accountability. The chapter looks at the Statement through the lens of Carl Schmitt’s critique of international law during the interbellum. Schmitt’s observations will help to highlight three problematic features of the Statement fro…
EU Operational Powers and Legal Protection
For the first time in its history, the EU is in the process of acquiring significant and genuine permanent operational powers. A new Regulation on the European Border and Coast Guard provides Frontex with a permanent corps of 10,000 border guards—3,000 of which will be EU agents—its own equipment, and its own competences to intervene along the EU borders and beyond. The operational powers will allow the EU to directly and physically intervene in …
Administrative Law as a Dual State. Authoritarian Elements of Administrative Law
Scholars have recently shown how in Europe regimes in democratic decay (e.g. Poland, Hungary) take all sorts of measures targeting and marginalizing political opponents. Although they are authoritarian by nature, the measures are cast in a legal form. According to some scholars this kind of authoritarian rule of law can be best understood as a dual state, namely a combination of the normative state (the rule of law) and the prerogative state (the…
Legal Protection as Competition for Jurisdiction
This article explores the structure of the legal protection of refugees in Europe today. To this end, it will contrast historical arrangements providing protection to refugees, namely church asylum in the late Middle Ages and refuge for religious minorities, with the current European refugee regime, that is the Common European Asylum System (CEAS), in particular the Dublin system. The central claim of this article is that a basic condition for th…
Doing Justice to the Political. The International Criminal Court in Uganda and Sudan
This article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to the Political. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010) 941. It takes issue with attempts to understand international law and particularly the workings of the International Criminal Court in terms of Carl Schmitt’s thesis on the political as distinguishing between friend and enemy. My contention is that parties to a violent/political confl…
On the right of exclusion
Legal Protection as Competition for Jurisdiction
This article explores the structure of the legal protection of refugees in Europe today. To this end, it will contrast historical arrangements providing protection to refugees, namely church asylum in the late Middle Ages and refuge for religious minorities, with the current European refugee regime, that is the Common European Asylum System (CEAS), in particular the Dublin system. The central claim of this article is that a basic condition for th…
Doing Justice to the Political. The International Criminal Court in Uganda and Sudan
This article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to the Political. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010) 941. It takes issue with attempts to understand international law and particularly the workings of the International Criminal Court in terms of Carl Schmitt’s thesis on the political as distinguishing between friend and enemy. My contention is that parties to a violent/political confl…
On the right of exclusion
Legal Protection as Competition for Jurisdiction
This article explores the structure of the legal protection of refugees in Europe today. To this end, it will contrast historical arrangements providing protection to refugees, namely church asylum in the late Middle Ages and refuge for religious minorities, with the current European refugee regime, that is the Common European Asylum System (CEAS), in particular the Dublin system. The central claim of this article is that a basic condition for th…
EU Operational Powers and Legal Protection
For the first time in its history, the EU is in the process of acquiring significant and genuine permanent operational powers. A new Regulation on the European Border and Coast Guard provides Frontex with a permanent corps of 10,000 border guards—3,000 of which will be EU agents—its own equipment, and its own competences to intervene along the EU borders and beyond. The operational powers will allow the EU to directly and physically intervene in …
Administrative Law as a Dual State. Authoritarian Elements of Administrative Law
Scholars have recently shown how in Europe regimes in democratic decay (e.g. Poland, Hungary) take all sorts of measures targeting and marginalizing political opponents. Although they are authoritarian by nature, the measures are cast in a legal form. According to some scholars this kind of authoritarian rule of law can be best understood as a dual state, namely a combination of the normative state (the rule of law) and the prerogative state (the…
The EU-Turkey Statement and the Structure of Legal Accountability
This chapter looks at the EU-Turkey Statement (hereafter ‘the Statement’) and the CJEU rulings on the Statement from a legal theory perspective. It seeks to better understand the obstacles and opportunities for legal accountability. The chapter looks at the Statement through the lens of Carl Schmitt’s critique of international law during the interbellum. Schmitt’s observations will help to highlight three problematic features of the Statement fro…
The Pre-Removal Detention of Immigrants
The EU Return Directive demands that immigrant detention be as short as possible, but, by logical implication, this also means that detention can be as long as necessary. What concerns the maximum length of detention, the Return Directive is remarkably generous: Immigrants can be detained for a period of up to eighteen months—a deprivation of liberty that is otherwise justified only as punishment for serious crimes. The practice of such long-term…
Bureaucratic Law and Manifestly Illegal Measures
In European countries that are still considered liberal democracies such as The Netherlands and Belgium, one finds multiple cases of authorities executing policies targeting migrants that are manifestly illegal. The measures are illegal because they typically lack sufficient statutory basis or violate higher legal norms. The illegality is manifest because legal advisors of the government or courts have already found the measures illegal. The meas…
Political science (6 obras) · Law (5 obras) · Sociology (5 obras) · Law and economics (3 obras) · Politics (3 obras) · Criminology (2 obras) · European Criminal Justice and Data Protection (2 obras) · International law (2 obras) · Law (2 obras) · Migration, Refugees, and Integration (2 obras)