› › Transparency And Proportionality In The Schengen Information System And Border Control Co Operation

Transparency and Proportionality in the Schengen Information System and Border Control Co-Operation

Author : Stephen Kabera Karanja

Publisher : Martinus Nijhoff Publishers

Page : 491 pages

File Size : 32,77 MB

Release : 2008

Category : Political Science

ISBN : 9004162232

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Book Description

This volume offers an evaluation of the Schengen Information System and border control co-operation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned.



The Margins of Discretion in Transnational Administrative Acts

Author : Kathrin Hamenstädt

Publisher : Bloomsbury Publishing

Page : 320 pages

File Size : 20,36 MB

Release : 2022-05-05

Category : Law

ISBN : 1509926003

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Book Description

This book analyses the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens. The book begins with a vertical perspective, focusing on the effects of European standards on the law of expulsion and entry bans in Germany and the Netherlands, and the law regulating deportation from the United Kingdom. It explores how these countries use their margin of discretion, granted by European law, to solve the societal, political and legal challenges that are posed by delinquent foreigners. Moreover, it highlights the similarities, convergences and differences between these countries' approaches to the topic. Subsequently, the book adopts a horizontal perspective by focusing on the effects of national decisions on other states, thereby addressing transnational administrative acts. National expulsion decisions and entry bans can be given effect throughout European countries, with the consequence that other states are in principle obliged to enforce them by refusing foreigners access to their territory. This obligation arises despite the fact that expulsion decisions and entry bans are adopted on the basis of diverging national provisions. Even though the margin of discretion of national decision makers has already been limited, the remaining differences call for further recommendations, which are put forward in this book.



Policing Global Regions

Author : Saskia Maria Hufnagel

Publisher : Routledge

Page : 264 pages

File Size : 17,12 MB

Release : 2021-01-26

Category : Law

ISBN : 1000081311

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Book Description

This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.



Immigration and Privacy in the Law of the European Union

Author : Niovi Vavoula

Publisher : BRILL

Page : 780 pages

File Size : 40,38 MB

Release : 2022-09-12

Category : Law

ISBN : 9004356118

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Book Description

Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.



The Role of the State in Migration Control

Author : Aoife McMahon

Publisher : BRILL

Page : 320 pages

File Size : 41,68 MB

Release : 2016-11-21

Category : Law

ISBN : 9004330054

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Book Description

This research questions the seemingly ossified premise that states have an absolute discretion to control international migration. Applying Max Weber’s theories of legitimacy, it determines that while states have certain traditionally legitimate functions, migration control, as distinct from the determination of citizenship, is not one such function. Measures of migration control must thus be justified on a rational-legal basis, that is, on a minimal evidential basis. Acknowledging the many obstacles states face in carrying out this legitimising exercise, it is suggested that a supranational approach at the regional level is the most sustainable long-term model, with an ultimate aim of achieving inter-regional cooperation on migration management on the basis of equality between regions.



Data Protection, Migration and Border Control

Author : Teresa Quintel

Publisher : Bloomsbury Publishing

Page : 283 pages

File Size : 19,76 MB

Release : 2022-11-17

Category : Law

ISBN : 1509959645

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Book Description

This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.



The European Union Returns Directive and its Compatibility with International Human Rights Law

Author : Izabella Majcher

Publisher : BRILL

Page : 848 pages

File Size : 11,48 MB

Release : 2019-11-26

Category : Law

ISBN : 9004360530

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Book Description

The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France



Privacy and Data Protection Issues of Biometric Applications

Author : Els J. Kindt

Publisher : Springer Science & Business Media

Page : 988 pages

File Size : 17,90 MB

Release : 2013-12-05

Category : Law

ISBN : 9400775229

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Book Description

This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources.



The Law of Inheritance & Administration of Deceased Estates in Malawi

Author : Lewis Chezan Bande

Publisher : African Sun Media

Page : 381 pages

File Size : 27,81 MB

Release : 2021-06-11

Category : Law

ISBN : 1991201249

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Book Description

This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.



Global Data Protection in the Field of Law Enforcement

Author : Cristina Blasi Casagran

Publisher : Routledge

Page : 264 pages

File Size : 45,4 MB

Release : 2016-06-10

Category : Law

ISBN : 1317223276

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Book Description

This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.