Author : Elspeth Guild
Publisher : Martinus Nijhoff Publishers
Page : 432 pages
File Size : 22,93 MB
Release : 2006
Category : 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 : Valsamis Mitsilegas
Publisher : Springer
Page : 117 pages
File Size : 33,36 MB
Release : 2014-10-31
Category : 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 : Matthew Carr
Publisher : New Press, The
Page : 321 pages
File Size : 39,68 MB
Release : 2016-01-12
Category : 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 : Madalina Moraru
Publisher : Bloomsbury Publishing
Page : 516 pages
File Size : 24,99 MB
Release : 2020-08-06
Category : 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 : Gian Luigi Gatta
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 47,15 MB
Release : 2021-01-14
Category : 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 : Luisa Marin
Publisher : Bloomsbury Publishing
Page : 530 pages
File Size : 29,31 MB
Release : 2020-11-26
Category : Law
ISBN : 1509926887
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 : Matilde Rosina
Publisher : Springer Nature
Page : 350 pages
File Size : 34,31 MB
Release : 2022-03-05
Category : 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 : Maria Fletcher
Publisher : Routledge
Page : 583 pages
File Size : 25,53 MB
Release : 2016-11-25
Category : 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.
Author : Francesco Fasani
Publisher : Cambridge University Press
Page : 219 pages
File Size : 17,99 MB
Release : 2019-09-05
Category : Business & Economics
ISBN : 1108494552
The supposed link between immigration and crime is a highly contentious issue. This innovative book examines the evidence.
Author : Sarah Spencer
Publisher : Springer Nature
Page : 222 pages
File Size : 33,31 MB
Release : 2020-05-20
Category : 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.
