Fundamental Rights Challenges In Border Controls And Expulsion Of Irregular Immigrants In The European Union
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| Author | : Sergio Carrera |
| Publisher | : Routledge |
| Total Pages | : 257 |
| Release | : 2020-02-25 |
| Genre | : Law |
| ISBN | : 0429515286 |
This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.
| Author | : Sergio Carrera (Political scientist) |
| Publisher | : Centre for European Policy Studies |
| Total Pages | : 80 |
| Release | : 2018-08-07 |
| Genre | : Administrative remedies |
| ISBN | : 9789461386779 |
Border control, surveillance operations and expulsion of irregular immigrants--particularly through return flights--can pose serious human rights challenges. This book, prepared by the Brussels-based think tank Centre for European Policy Studies, examines whether Europe is properly equipped to ensure effective access to remedies for alleged rights violations or possible abuses of force against immigrants and asylum seekers. It sheds light on the fragmentation of the human rights accountability regimes and shows that while the 'law on the books' may formally recognise a set of fundamental rights for immigrants and asylum seekers, the 'law in practice' does not necessarily offer adequate complaint mechanisms in many European countries. Finally, the book sets out a number of policy recommendations, paying particular attention to addressing human rights accountability issues in the context of activities undertaken by the new European Border and Coast Guard (Frontex).
| Author | : Barbara Bogusz |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 486 |
| Release | : 2004-01-01 |
| Genre | : Political Science |
| ISBN | : 9004140115 |
This collection of essays is the outcome of an international conference on Irregular Migration and Human Rights, which gathered together prominent scholars, policy-makers and practitioners working in the migration and human rights field. The objective of the book, in contrast to the prevailing political approach which focuses almost solely on prevention, is to discuss the human rights dimensions of irregular migration from theoretical, European and international perspectives.
| Author | : Valsamis Mitsilegas |
| Publisher | : Springer |
| Total Pages | : 117 |
| Release | : 2014-10-31 |
| Genre | : Law |
| ISBN | : 331912658X |
This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.
| Author | : Eva Kassoti |
| Publisher | : Springer Nature |
| Total Pages | : 346 |
| Release | : 2022-01-11 |
| Genre | : Law |
| ISBN | : 9462654875 |
This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum. Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.
| Author | : Katja Franko Aas |
| Publisher | : OUP Oxford |
| Total Pages | : 732 |
| Release | : 2013-07-11 |
| Genre | : Law |
| ISBN | : 0191648140 |
The Borders of Punishment: Migration, Citizenship, and Social Exclusion critically assesses the relationship between immigration control, citizenship, and criminal justice. It reflects on the theoretical and methodological challenges posed by mass mobility and its control and for the first time, sets out a particular sub-field within criminology, the criminology of mobility. Drawing together leading international scholars with newer researchers, the book systematically outlines why criminology and criminal justice should pay more attention to issues of immigration and border control. Contributors consider how 'traditional' criminal justice institutions such as the criminal law, police, and prisons are being shaped and altered by immigration, as well as examining novel forms of penality (such as deportation and detention facilities), which have until now seldom featured in criminological studies and textbooks. In so doing, the book demonstrates that mobility and its control are matters that ought to be central to any understanding of the criminal justice system. Phenomena such as the controversial use of immigration law for the purposes of the war on terror, closed detention centres, deportation, and border policing, raise in new ways some of the fundamental and enduring questions of criminal justice and criminology: What is punishment? What is crime? What should be the normative and legal foundation for criminalization, for police suspicion, for the exclusion from the community, and for the deprivation of freedom? And who is the subject of rights within a society and what is the relevance of citizenship to criminal justice?
| Author | : Sarah Spencer |
| Publisher | : Springer Nature |
| Total Pages | : 222 |
| Release | : 2020-05-20 |
| Genre | : Social Science |
| ISBN | : 3030343243 |
This open access book explores the conceptual challenges posed by the presence of migrants with irregular immigration status in Europe and the evolving policy responses at European, national and municipal level. It addresses the conceptual and policy issues raised, post-entry, by this particular section of the migrant population. Drawing on evidence from different parts of Europe, the book takes the reader through philosophical and ethical dilemmas, legal and sociological analysis to questions of public policy and governance before addressing the concrete ways in which those questions are posed in current policy agendas from the international to the local level. As such this book is a valuable read to researchers, practitioners and policy makers as well as to students working on irregular migration in Europe in a comparative and/or country based perspective.
| Author | : Sergio Carrera |
| Publisher | : Springer |
| Total Pages | : 93 |
| Release | : 2016-08-15 |
| Genre | : Law |
| ISBN | : 3319425056 |
By examining the implementation dynamics of EU Readmission Agreements (EURAs), this book addresses the practical reasons why irregular immigrants cannot be expelled. EURAs are one of the vital legal instruments framing EU external migration law with regard to the expulsion of irregular immigrants, yet their implementation has met with various obstacles. Above all, the process of determining an individual’s legal identity has proven to be one of the most controversial aspects in the implementation of EURAs. The analysis shows that the process of identifying who is whose national in the context of readmission creates two existential dilemmas: first from the perspective of the sovereignty of third countries of origin and the legal standards laid out in international instruments as regards states’ powers in determining nationality, and second regarding the agency of the individual as a holder of fundamental human rights. How do the EURAs deal with or aim at alleviating these identity determination dilemmas? The book provides a comparative analysis of the administrative procedures and rules envisaged by EURAs aimed at proving or presuming the nationality of the persons to be readmitted to their country of origin. It focuses on the ways in which nationality is to be determined or presumed in the scope of the 2010 EURA with Pakistan, and compares it with those foreseen in the EURAs with Armenia, Azerbaijan, Cape Verde, Georgia, and Turkey. As such, the book provides a unique and up-to-date study of EURAs and their implementation challenges in the broader context of EU external migration law and policy.
| Author | : Steve Peers |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 419 |
| Release | : 2012-07-25 |
| Genre | : Law |
| ISBN | : 9004222375 |
Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. The authors of each commentary are academic and practitioner experts in the field of EU immigration law based in the UK, Ireland and the Netherlands. Also available as a set of 3 volumes see isbn 9789004222304
| Author | : Grete Brochmann |
| Publisher | : Routledge |
| Total Pages | : 353 |
| Release | : 2020-06-03 |
| Genre | : Social Science |
| ISBN | : 1000184552 |
Perhaps the most vexing question facing Europe today is what to do about asylum seekers and people in search of work who arrive daily, some escaping nations where poverty and persecution are, for them, facts of life. Given its costs - both human and economic - immigration policy has understandably become a highly politicized issue. With the abolition of internal borders within the EU, new controls are needed to stop immigration and to prevent non-citizens from working illegally. New external policies are being used, such as early warning systems and visa controls, with the long-term aim of reducing emigration from poor and war-ridden nations. Europe has also intensified its control of internal aliens. But there are limits to how tight a control can be made without violating the norms and values of the democratic state, where human rights should be valid for citizens and non-citizens alike. However, free immigration is not in the interests of the European states. It might undermine labour and housing markets, make planning impossible, and alter the preconditions for welfare states. This timely book addresses the politics and mechanisms of immigration control in Europe in an effort to unravel its complexities and propose sensible solutions. It covers recent events, including racist and populist party politics, as well as changes in the international setting, such as the development within the European Union and Schengen, and the recent refugee crisis in the former Yugoslavia. It will be essential reading for anyone interested in immigration studies, European politics, international relations, anthropology and sociology.
