HL 46 - EU Action Plan against migrant smuggling


Book Description

The current refugee crisis is the greatest humanitarian problem to have faced the European Union since its foundation. In response, the European Commission adopted a wide-ranging European Agenda on Migration on 13 May 2015. As part of this Agenda the Commission brought forward an EU Action Plan against Migrant Smuggling. The Action Plan sets out four priorities: enhanced police and judicial response; improved gathering and sharing of information; enhanced prevention of smuggling and assistance to vulnerable migrants; and, stronger cooperation with third countries. The aim of this inquiry was to look at the efficacy of the Action Plan ahead of the European Commission's own review of the legislation on migrant smuggling, which will be published in 2016 along with proposed reforms. Migrant smuggling is a serious criminal activity, but the Commission has rightly sought to place the Action Plan within the context of a broader approach to migration. The nature of migrant smuggling needs to be properly understood in order to develop an adequate and appropriate response. Evidence suggests that a majority of those currently entering the EU as irregular migrants are 'prima facie refugees', as defined by the UN High Commissioner for Refugees. It is, therefore, important that as much focus is placed on the humanitarian aspects of the crisis as on law enforcement. At the same time, we support the high priority that is being given to guarding against migrant smuggling for the purpose of committing terrorist acts. Migrant smuggling is a complex and little understood phenomenon. It can involve organised criminal gangs at one end of the spectrum, and local groups, including groups of migrants themselves, who may have humanitarian motives, at the other. The Action Plan needs to recognise this complexity.




The Rise of EU Police Cooperation


Book Description

This book provides an in-depth empirical analysis and theoretical history of the institutional development of EU police cooperation, with a focus on the creation and integration of Europol. Presenting a thoroughly comprehensive analysis, the book systematically traces integration dynamics and the evolution of EU police cooperation over a 40-year period, assessing the influence of cross-country interdependencies, politicisation and policy entrepreneurship on Member States’ behaviour and institutional choice. By combining a wealth of sources including previously unpublished sources and personal insights from key decision-makers, it explores which driving factors shape processes of differentiation and integration in this sovereignty-sensitive policy domain, and how, and attempts to explain state preferences on international police cooperation in the light of major theories of European integration. The book will be of key interest to students, scholars and practitioners working in or on the fields of police cooperation, Justice and Home Affairs policy, EU governance and security studies, both at national and European level.




Securitising Asylum Flows


Book Description

Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.




The Politics of Compassion


Book Description

Whether addressing questions of loss, (be)longing, fears of an immigration ‘invasion’ or perceived injustices in immigration policies, immigration debates are infused with strong emotions. Emotion is often presented as a factor that complicates and hinders rational discussion. This book explores how emotion is, in fact, central to understanding how and why we have the immigration policies we do, and what kinds of policies may be beneficial for various groups of people in society. The author looks beyond the ‘negative’ emotions of fear and hostility to examine on the politics of compassion and empathy. Using case studies from Australia, Europe and the US, the book offers a new and original analysis of immigration policy and immigration debates.




Internet Child Pornography and the Law


Book Description

This book provides a critical assessment of the problem of internet child pornography and its governance through legal and non-legal means, including a comparative assessment of laws in England and Wales, the United States of America and Canada in recognition that governments have a compelling interest to protect children from sexual abuse and exploitation. The internet raises novel and complex challenges to existing regulatory regimes. Efforts towards legal harmonization at the European Union, Council of Europe, and United Nations level are examined in this context and the utility of additional and alternative methods of regulation explored. This book argues that effective implementation, enforcement and harmonization of laws could substantially help to reduce the availability and dissemination of child pornography on the internet. At the same time, panic-led policies must be avoided if the wider problems of child sexual abuse and commercial sexual exploitation are to be meaningfully addressed.




Human Trafficking


Book Description

Human Trafficking: A Comprehensive Exploration into Modern Day Slavery examines the legal, socio-cultural, historical, and political aspects of human trafficking and modern-day slavery. While most texts only cover sex trafficking and labor trafficking, this text takes a more inclusive approach, provide coverage of what is currently known about organ trafficking, child marriage, and child soldiers as well. These topics are explored within the borders of the United States as well as across the world. The reality is that this problem is not limited to one country or, even, one continent. Technology and globalization have made this an international crisis that requires a collaborative and cooperative international response. The goal of this text is to provide an accurate understanding of all forms of human trafficking and current responses to this crime.







Toolkit to Combat Trafficking in Persons


Book Description

In the light of the urgent need for cooperative and collaborative action against trafficking, this publication presents examples of promising practice from around the world relating to trafficking interventions. It is hoped that the guidance offered, the practices showcased and the resources recommended in this Toolkit will inspire and assist policymakers, law enforcers, judges, prosecutors, victim service providers and members of civil society in playing their role in the global effort against trafficking in persons. The present edition is an updated and expanded version of the Toolkit published in 2006.




Children and the European Union


Book Description

This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.




Parliamentary Debates (Hansard).


Book Description