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PIL.OT / RESEARCH ARCHIVE

PIL.OT Archive

Research private international law developments by year, topic, legal field and author.

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32 results

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deportation×Clear all
migration · return · detention
Academic publicationMigration and foreign nationals lawItaly

Legal and Social Uncertainty for Non-Returnable Migrants in Italy

Francesca Cimino, Beatrice Grasso and Fabio Perocco examine the status and access to social rights of third-country nationals in Italy who are subject to expulsion orders but cannot be returned for legal, practical or policy-related reasons.

Francesca Cimino · Beatrice Grasso · Fabio Perocco17 August 2026English
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migration · return · detention
Academic publicationMigration and foreign nationals lawUnited States; European Union; European states

Comparative study of border externalisation and the future of international refugee law

the academic publication “Comparative study of border externalisation and the future of international refugee law”, published on 2026-07-08. The publication forms part of the private-international-law literature concerning United States; European Union; European states.

Outsourcing Migration: A Comparative Analysis of Border Externalization and the Future of International Refugee Law08 July 2026English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

Law of Foreigners and Refugees

In this second edition, Ersin Yilmaz and Nazim Taha Koçak bring together decisions of the Turkish administrative courts on disputes arising under Law No. 6458 on Foreigners and International Protection.

Ersin Yılmaz · Nazım Taha Koçak01 June 2026Turkish
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migration · return · detention
Academic publicationMigration and foreign nationals lawFrance, Senegal

Bilateral Migration Agreements Before the Courts: Discretionary Scope and a Migrant’s Right to Stay

Marion Panizzon’s article examines how the 2006 France–Senegal Bilateral Migration Agreement is assessed under national immigration law and the EU Pact on Migration and Asylum.

Marion Panizzon15 May 2026English
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migration · asylum · protection
Legal developmentMigration and foreign nationals lawCouncil of Europe

The Chișinău Declaration: Two trajectories in migration and asylum

The Council of Europe’s 15 May 2026 Chișinău Declaration is presented here as a migration-and-asylum statement that can be read in two ways: as a continuation of the status quo or as a subtle rebalancing of the Convention system.

Council of Europe15 May 2026English
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migration · return · detention
Academic publicationMigration and foreign nationals lawTürkiye

Hülya Kaya’s article in the European Journal of Migration and Law reviews how the Turkish Constitutional Court has…

Hülya Kaya’s article in the European Journal of Migration and Law reviews how the Turkish Constitutional Court has dealt with the assumption that Turkey functions as a “safe third country” and “first country of asylum” after the 2016 EU–Turkey Statement.

Hülya Kaya31 March 2026Turkish
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migration · return · detention
Legal developmentMigration and foreign nationals lawSweden

B 5546-24 Precedents archive Case: B 5546-24 Finns under: Precedents archive, Case: B 5546-24 .

Swedish courts were deemed to have jurisdiction to examine a charge of defamation concerning information published on the Internet from outside Sweden.

Swedish Supreme Court30 December 2025English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

The Method of Notifying a Deportation Decision under the Law on Foreigners and International Protection and the Right to an Effective Remedy

Irge Erdoğan and Burcu’s article, published on 22 December 2025, addresses how deportation decisions under Law No.

İrge Erdoğan, Burcu22 December 2025Turkish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

Alternatives to Administrative Detention in Turkish Foreigners Law

This article on administrative detention and its alternatives in Turkish foreigners law explains that the 2014 Law on Foreigners and International Protection (LFIP) gave administrative detention a detailed statutory basis, yet practical problems concerning the right to liberty persisted.

Elif Ağca22 December 2025Turkish
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migration · return · detention
Academic publicationMigration and foreign nationals lawTürkiye

Administrative Detention Decisions and Some Problems Encountered in Practice

This article examines administrative detention decisions and the practical problems arising in Turkish foreigners law. It is relevant to private international law through the treatment of the foreigner’s status and the procedural safeguards linked to deportation.

Güven Yarar; Emine Dilek Kaplan10 December 2025Turkish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

Deportation of Persons under Temporary Protection According to Article 54/1-d of the Law on Foreigners and International Protection Numbered 6458

In the context of the large-scale asylum movement to Türkiye that followed the conflict in the Syrian Arab Republic in 2011 and the Temporary Protection Regulation adopted in 2014, this article addresses the deportation of persons under temporary protection under Article 54/1-d of Law No.

Esra Tekin22 July 2025Turkish
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migration · asylum · protection
Legal developmentMigration and foreign nationals lawSweden

Case B 1865-25

Swedish Supreme Court on 2025-07-09 announced the development entitled “Case B 1865-25”. The announcement concerns a development in the context of Sweden.

Swedish Supreme Court09 July 2025English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

The Right of Foreigners to International Protection in State Sovereign Areas

ERTUĞRUL YAZAR authored the academic publication “The Right of Foreigners to International Protection in State Sovereign Areas” in Adalet Dergisi, published on 2025-04-17. The publication forms part of the private-international-law literature concerning Türkiye.

Ertuğrul Yazar17 April 2025Turkish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

Medical Non-Refoulement in Terms of European Convention of Human Rights Law

The principle of non-refoulement, one of the fundamental principles of refugee law, prohibits returning an applicant for international protection or a refugee to a country where their life or freedom is threatened on grounds such as race, religion, nationality, sex, political opinion, or…

Vahit Mert Körpe31 December 2024Turkish
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migration · return · detention
Academic publicationMigration and foreign nationals lawNetherlands

Externalisation of Migration Controls: A Taxonomy of Practices and Their Implications in International and European Law

The article develops a taxonomy of practices through which States manage migration flows and enforce immigration policies beyond their borders.

Salvatore Fabio Nicolosi01 May 2024English
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migration · return · detention
Academic publicationMigration and foreign nationals lawTürkiye

Assessing Deportation in the Context of the Right to Respect for Family Life in the Light of Constitutional Court and European Court of Human Rights Decisions

The article examines the impact of deportation measures on the right to respect for family life.

Doğukan Altuğ31 August 2023Turkish
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migration · return · detention
Academic publicationMigration and foreign nationals lawTürkiye

Procedural Aspects of the European Court of Human Rights’ Assessment under Article 3 of the European Convention on Human Rights in Removal Cases

Yüksel, Saadet authored the academic publication “Procedural Aspects of the European Court of Human Rights’ Assessment under Article 3 of the European Convention on Human Rights in Removal Cases” in Public and Private International Law Bulletin, Vol. 42 No.

Saadet Yüksel01 November 2022English
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migration · return · detention
Academic publicationMigration and foreign nationals lawEuropean Union

The Pact on Migration and Asylum: Turning the European Territory into a Non-territory?

The article argues that the Pact on Migration and Asylum, particularly through pre-entry screening and new border procedures, develops policies aimed at deterritorialising EU territory while reinforcing externalisation.

Jean-Pierre Cassarino · Luisa Marin04 March 2022English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

Comparison of the removal of asylum seekers under Directive 2008/115/EC and Turkish foreigners law

SIĞINMA ARAYANLARIN 2008/115/EC SAYILI GERI GÖNDERME KOŞULLARI AVRUPA KONSEY YÖNERGESI KAPSAMINDA SINIR DIŞI EDILMELERININ TÜRK YABANCILAR HUKUKU ILE KARŞILAŞTIRILMASI COMPARISON OF THE RETURN OF THE ASYLUM SEEKERS UNDER THE DIRECTIVE 2008/115/EC OF THE EUROPEAN COUNCIL WITH TURKISH FOREIGNERS LAW…

Gökçe Arıkan01 March 2022Turkish
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migration · return · detention
Academic publicationMigration and foreign nationals lawTürkiye

Gülce Gümüşlü Tunçağil’s article defines the concept of a foreign undocumented worker within Turkish aliens law

Gülce Gümüşlü Tunçağil’s article defines the concept of a foreign undocumented worker within Turkish aliens law. The study addresses foreigners who work without a work permit or in jobs they are not legally allowed to perform, and discusses the sanctions applicable to that situation.

Gülce Gümüşlü Tunçağıl18 August 2021Turkish
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migration · return · detention
Academic publicationMigration and foreign nationals lawEuropean Union

Legislating without Evidence: The Recast of the EU Return Directive

The article examines the recast of the EU Return Directive (2008/115/EC) through the objectives of effectiveness and fundamental-rights protection.

Izabella Majcher · Tineke Strik31 May 2021English
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migration · return · detention
Academic publicationMigration and foreign nationals lawEurope / Migration law

Iker Barbero’s article in the European Journal of Migration and Law examines France’s reintroduction of internal…

Iker Barbero’s article in the European Journal of Migration and Law examines France’s reintroduction of internal border controls and the rights of migrants in transit.

Iker Barbero07 October 2020French
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migration · return · detention
Academic publicationMigration and foreign nationals lawFrance

The law of 10 September 2018 on controlled immigration, effective asylum rights and successful integration

Sabine Corneloup and Fabienne Jault-Seseke’s article addresses the French Immigration Law of 10 September 2018, which revised a wide range of rules in foreigners law.

Sabine Corneloup, Fabienne Jault-Seseke01 January 2019French
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migration · return · detention
Academic publicationMigration and foreign nationals lawTürkiye

Effective Remedy Rights of Refugees and Asylum Seekers in International Law, European Law, and Turkish Law

Kaya, Merve Öykü authored the academic publication “Effective Remedy Rights of Refugees and Asylum Seekers in International Law, European Law, and Turkish Law” in Süleyman Demirel Üniversitesi Hukuk Fakültesi Dergisi, Vol. 8 No.

Merve Öykü Kaya20 October 2018Turkish
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