Dr. Madalina Moraru

Keywords: Return, EU asylum law, consular and diplomatic protection of migrants, judicial dialogue shaping migrant’s rights
Working Group(s): Working Group on Courts and Refugee Protection

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Bio

Madalina Moraru (LLM Durham University, PhD European University Institute) is a Senior Research Fellow at the Centre for Judicial Cooperation of the EUI, Florence, Italy and Judicial Studies Centre of the Masaryk University, Czech Republic. She is researching on the role of courts in shaping asylum, refuge and migration law, consular and diplomatic law, and fundamental rights. She has widely published on EU citizenship, migration and judiciary related topics in top journals such as: Common Market Law Review, and with prestigious publishing houses such as: CUP, HART, Edward Elgar, Brill, Springer and Asghate. Her most recent publication is entitled Law and Judicial Dialogue on the Return of Irregular Migrants from the EU , co-edited with Galina Cornelisse and Philippe de Bruycker and published by HART.

Publications

PhD: Thesis

"Protecting (unrepresented) EU citizens in third countries – The intertwining roles of the EU and its Member States" available here: https://cadmus.eui.eu/handle/1814/66083

Edited Books

2021 - The Practice of Judicial Interaction in the Field of Fundamental Rights - The Added Value of the Charter of Fundamental Rights of the EU (Edward Elgar, forthcoming) (with F. Casarosa)
2020 - Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union (Hart) (with G. Cornelisse and P. de Bruycker)

Peer-reviewed articles

2020 - Special Issue Journal ‘Migrants and the Law. What European Courts Say’, European Journal of Legal Studies (accepted) (with V. Federico and P. Pannia)
2020 - ‘The European Court of Justice shaping of the European fundamental right to be heard in asylum and immigration proceedings: judicial activism from below?’ in European Journal of Legal Studies (submitted)
2020 - ‘Strategic Litigation on Arbitrary Detention of Asylum Seekers: Czech Litigation as Catalyst for Reform in Europe’, Review of Central and Eastern European Law (submitted)
2019 - ‘An Analysis Of The Consular Protection Directive: Are EU Citizens Now Better Protected In The World?’ (2019) 56 Common Market Law Review, 417–461
2011 - ‘Ever-Closer in Brussels - Ever-Closer in the World’ in Romanian Journal of European Law (R.R.D.E.) 78 (2011) (with J. Larik)
2011. ‘La questione dell'effettività del diritto dei cittadini europei alla protezione diplomatica e consolare nei paesi terzi’, (2011) Rivista Italiana di Diritto Pubblico Comunitario fasc. 3-4 (with S. Faro)
2011 - ‘The Protection of EU citizens abroad: A legal assessment of the EU citizen’s right to consular and diplomatic protection’, (2011) Perspectives on Federalism Vol. 3 (2)

Book Chapters

2021 - ‘Return Directive’, in K Hailbronner, D. Thym (eds), EU Asylum and Immigration A Commentary (HART forthcoming) (with F. Lutz and S. Mananashvili)
2021 - ‘A Decade of the EU Fundamental Right to Asylum: in Search of its Legal Meaning and Effects’ in S. Iglesias Sanchez and M. Pascual (eds), Fundamental Rights in the EU Area of Freedom, Security and Justice (CUP forthcoming)
2020 - ‘L’influenza delle Corti sul Diritto di Essere Ascoltati dei Richiedenti Asilo e dei Migranti non Regolari’, P Iamicelli (ed), Tutele effettive e diritto europeo. Un percorso di ricerca per e con la formazione giudiziaria(Editoriale Scientifica, forthcoming in open access)
2020 - ‘Consular Services and Policies for the Romanian Diaspora’ in Lafleur Jean-Michel and Vintila Daniela (eds), Diaspora institutions and consular services: a comparative overview of EU-28 social protection infrastructure for nationals abroad, Routledge (forthcoming) (with F. Nica)
2020 - ‘A practical evaluation of border activities in Romania: control, surveillance and expulsions’ in M Stefan and S Carrera (eds), Justicing Europe’s Frontiers: Effective Access to Justice in Bordering and Expulsion Policies(Routledge) (with F. Nica);
2020 - ‘Judicial dialogue in action: Making sense of the risk of absconding in return proceedings’, in Moraru, Cornelisse, de Bruycker (eds), Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union (HART);
2020 - ‘Judicial Dialogue on the Return Directive: Catalyst for Changing Migration Governance? in Moraru, Cornelisse, de Bruycker (eds), Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union (HART);
2020 - ‘Courts and Judicial Interactions Shaping the Right to be Heard of Asylum Seekers and Irregular Migrants’ in The Practice of Judicial Interaction in the Field of Fundamental Rights - The Added Value of the Charter of Fundamental Rights of the EU (Edward Elgar) (with judge M. Clement);
2016 - ‘Consumer Protection in Romania’ in Hans-W. Micklitz and Irina Domurath (eds), Consumer Debt and Social Exclusion (Ashgate) (with B. Andresan);
2014 - ‘Securing consular protection of the EU citizens in the world: what role for the EU?” in S. Poli and I. Govaere (eds), EU Governance of Global Emergencies (Brill);

Working Papers and Research Reports

2017 - ‘Report on the Use of the EU Charter on Fundamental Rights by National Human Rights Bodies and Practical Guidelines on the Strategic Use of the EU Charter’, CJC 1/2017;
2016 - ‘Mutual Trust from the perspective of national courts: a test in creative legal thinking’ in E. Brouwer and D. Gerard (eds), Mapping Mutual Trust - Understanding and Informing the Role of Mutual Trust in EU Law Max Weber EUI Working Paper 2016/13;
2016 - 3 online issues of REDIAL Electronic Journal - Judicial Interaction and the EU’s Return Policy: challenges, limits and opportunities, published as RSCAS Research Reports;
2015 - 3 online issues of European Synthesis Reports on the Judicial Implementation of the Return Directive (Voluntary Departure, Procedural safeguards, Detention), published as REDIAL Research Reports.

Handbooks

2019 - eNACT Handbook on the impact of the EU Charter in asylum and immigration
2018 - ReJus Casebook on Effective Justice in Asylum and Immigration
2017 - Tips for Trainers on teaching the application of EU Charter of Fundamental Rights in EU Public Law
2017 - ACTIONES Handbook on Judicial Interaction Techniques in European Fundamental Rights
2017 - ACTIONES Handbook on Judicial Interaction enhancing the application of the EU Charter in asylum and immigration
2015 - JUDCOOP Handbook on Judicial Interaction Techniques on the Right to a Fair Trial