Immigration And Criminal Law In The European Union
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| 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 | : Elspeth Guild |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 432 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9004150641 |
This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.
| Author | : Matthew Carr |
| Publisher | : New Press, The |
| Total Pages | : 321 |
| Release | : 2016-01-12 |
| Genre | : Social Science |
| ISBN | : 1620972336 |
Singled out by Foreign Affairs for its reporting on “the brutal frontiers of new Europe,” Fortress Europe is the story of how the world's most affluent region—and history's greatest experiment with globalization—has become an immigration war zone, where tens of thousands have died in a humanitarian crisis that has galvanized the world's attention. Journalist Matthew Carr brings to life remarkable human dramas, based on ex- tensive interviews and firsthand reporting from the hot zones of Europe's immigration battles, in a narrative that moves from the desperate immigrant camps at the mouth of the Channel Tunnel in Calais, France, to the chaotic Mediterranean sea, where African migrants have drowned by the thousands. Speaking with key European policy makers, police, soldiers on the front lines, immigrant rights activists, and an astonishing range of migrants themselves, Carr offers a lucid account both of the broad issues at stake in the crisis and its exorbitant human costs. The paperback edition includes a new afterword by the author, which offers an up-to-the-minute assessment of the 2015 crisis and a searing critique of Europe's response to the new waves of refugees.
| Author | : Gian Luigi Gatta |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 312 |
| Release | : 2021-01-14 |
| Genre | : Law |
| ISBN | : 1509933948 |
This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.
| Author | : Madalina Moraru |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 543 |
| Release | : 2020-08-06 |
| Genre | : Law |
| ISBN | : 1509922962 |
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
| Author | : Matilde Rosina |
| Publisher | : Springer Nature |
| Total Pages | : 350 |
| Release | : 2022-03-05 |
| Genre | : Political Science |
| ISBN | : 3030903478 |
This book explores the criminalisation of irregular migration in Europe. In particular, it investigates the meaning, purpose, and consequences of criminalising unauthorised entry and stay. From a theoretical perspective, the book adds to the debate on the persistence of irregular migration, despite governments’ attempts at deterring it, by taking an interdisciplinary approach that draws from international political economy and criminology. Using Italy and France as case studies, and relying on previously unreleased data and interviews, it argues that criminalisation has no effect on migratory flows, and that this is due to factors including the latter’s structural determinants and the likely creation of substitution effects. Furthermore, criminalisation is found to lead to adverse consequences, including by contributing to vicious cycles of irregularity and insecurity.
| Author | : Luisa Marin |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 387 |
| Release | : 2020-11-26 |
| Genre | : Law |
| ISBN | : 1509926895 |
The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
| Author | : Maria João Guia |
| Publisher | : Springer |
| Total Pages | : 0 |
| Release | : 2016-03-04 |
| Genre | : Law |
| ISBN | : 9783319246888 |
This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.
| Author | : Valsamis Mitsilegas |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 659 |
| Release | : 2016-03-25 |
| Genre | : Law |
| ISBN | : 1783473312 |
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
| Author | : Maria Fletcher |
| Publisher | : Routledge |
| Total Pages | : 583 |
| Release | : 2016-11-25 |
| Genre | : Law |
| ISBN | : 1317573226 |
This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
