About the Project
The REDIAL Project, co-funded by the European Commission (DG Home) and coordinated by the Migration Policy Centre, in cooperation with the Centre for Judicial Cooperation (CJC) and the Odysseus Academic Network, intends to facilitate horizontal judicial dialogue among the national judges involved in return procedures. Its main purpose is to enhance the effective implementation of the Return Directive (2008/115/EC) through judicial cooperation among courts from all EU Member States. The starting premise of REDIAL is that judicial cooperation contributes not only to cross-fertilization of relevant national and European case-law, but also to an increase in legitimacy of judicial review of return decisions. REDIAL is expected to become an important instrument to assist national judges and legal practitioners in the application of the Return Directive.
Objectives of the project
The main objectives of REDIAL are: 1) to establish a functioning European network of judges dealing with return of irregular migrants cases and legal academics from the 25 Member States with a view to exchange knowledge and experience regarding the proper implementation of the EU Return Directive; 2) to build an online platform including national, ECtHR and CJEU landmark judgments, comparative analysis of the national jurisprudence, electronic journal and other relevant academic writings. In so doing, the project will not only inform national judges about the implementation of the Return Directive and the related Luxembourg and Strasbourg case-law, but also bring to light existing challenges and loopholes in the interpretation and application of the Return Directive with a view to preparing the ground for its further (knowledge-based) legislative improvements. In sum, it will foster a new form of judicial cooperation in a horizontal rather than vertical (as it is the case through the mechanism of preliminary rulings before the CJEU) way.
The methodology of REDIAL will rely upon close collaboration between judges and academics. At the national level, judges will be in charge of the selection of landmark judgments on the Return Directive, while the Academic experts will be responsible for synthesizing the latter after a critical input from judges. Such a close cooperation between judicial practitioners and academic experts will contribute to an in-depth understanding of the national jurisprudence as well as to highlighting challenges in the judicial implementation of the Directive. The regular communication among network members will foster the smooth exchange of information on common topics of interest, contribute to the cross-fertilization of the relevant national case law, and enhance the harmonised interpretation of the Return Directive and the relevant Luxembourg case-law.
The direct beneficiaries of REDIAL will be European and national judges, lawyers and other legal practitioners involved in the implementation of the Return Directive at national level, and academics specialised on the topic of irregular migration. Apart from this, REDIAL will also be beneficial to relevant EU institutions (in particular the European Commission and the Court of Justice of the European Union) in charge of controlling the implementation of EU law, national administrations dealing with return procedures, NGOs, return lawyers, and most importantly, to the persons falling under the scope of the Return Directive.
Outcomes and deliverables
The main outcomes and deliverables of REDIAL will be: 1) a functioning European Judicial Network on Return Directive; 2) a comprehensive legal database on the relevant national and European jurisprudence and their analysis for each of the main Chapters of the Directive; 3) an E-training module on Return Directive in order to ensure the sustainability of the project after the period of EU funding; 4) an annotated (with national and European case-law) Return Directive; 5) a European Journal on Judicial interaction and Return Policy; 6) a book on the judicial application and interpretation of the Return Directive; 7) and three European Comparative Reports highlighting the main challenges with regard to the relevant case law and providing recommendations for the improvement of judicial dialogue and ultimately the implementation fo the Return Directive.