Complaint Mechanisms In Border Management And Expulsion Operations In Europe

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Complaint Mechanisms in Border Management and Expulsion Operations in Europe

Author : Sergio Carrera (Political scientist)
Publisher : Centre for European Policy Studies
ISBN 13 : 9789461386779
Total Pages : 80 pages
Book Rating : 4.3/5 (867 download)

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Book Synopsis Complaint Mechanisms in Border Management and Expulsion Operations in Europe by : Sergio Carrera (Political scientist)

Download or read book Complaint Mechanisms in Border Management and Expulsion Operations in Europe written by Sergio Carrera (Political scientist) and published by Centre for European Policy Studies. This book was released on 2018-08-07 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

Author : Sergio Carrera
Publisher : Routledge
ISBN 13 : 0429515286
Total Pages : 257 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union by : Sergio Carrera

Download or read book Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union written by Sergio Carrera and published by Routledge. This book was released on 2020-02-25 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Migration Agencies

Author : David Fernández-Rojo
Publisher : Edward Elgar Publishing
ISBN 13 : 1839109343
Total Pages : 272 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis EU Migration Agencies by : David Fernández-Rojo

Download or read book EU Migration Agencies written by David Fernández-Rojo and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book analyzes the evolution of the operational tasks and cooperation of the European Border and Coast Guard Agency (FRONTEX), the European Asylum Support Office (EASO) and the European Union Agency for Law Enforcement Cooperation (EUROPOL). Exploring the recent expansion of the legal mandates of these decentralized EU agencies and the activities they undertake in practice, David Fernández-Rojo offers a critical assessment of the EU migration agencies.

EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes

Author : Sergio Carrera
Publisher : BRILL
ISBN 13 : 9004354239
Total Pages : 417 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes by : Sergio Carrera

Download or read book EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes written by Sergio Carrera and published by BRILL. This book was released on 2018-12-10 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.

Non-Judicial Remedies and EU Administration

Author : Paola Chirulli
Publisher : Routledge
ISBN 13 : 0429595697
Total Pages : 272 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Non-Judicial Remedies and EU Administration by : Paola Chirulli

Download or read book Non-Judicial Remedies and EU Administration written by Paola Chirulli and published by Routledge. This book was released on 2021-03-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

Boards of Appeal of EU Agencies

Author : Merijn Chamon
Publisher : Oxford University Press
ISBN 13 : 0192849298
Total Pages : 369 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Boards of Appeal of EU Agencies by : Merijn Chamon

Download or read book Boards of Appeal of EU Agencies written by Merijn Chamon and published by Oxford University Press. This book was released on 2022 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the EU agencies that have been granted the power to adopt binding decisions are a diverse group, they at least share one feature: in all of them an organisationally separate administrative review body, i.e. a board of appeal, has been established. The review procedures before these boards must be exhausted before private parties can seize the EU courts and the boards therefore all fulfil a similar function: filtering cases before they end up before the courts and providing parties by expert-driven review. Sharing this common function as well as some common features, the boards of appeal of the different agencies remain heterogenous in their set up and functioning. This raises a host of questions from both a theoretic and practical perspective which this volume analyses in depth: how do the boards function, which kind of review do they offer, and how should they be conceptualized in the EU's overall system of legal protection against administrative action? To answer these questions, the volume's first part presents a series of case studies, covering all the EU boards of appeal currently in existence, while a second part looks into the horizontal issues raised by the phenomenon of the boards of appeal.

Policing Mobility Regimes

Author : Giuseppe Campesi
Publisher : Routledge
ISBN 13 : 1000441601
Total Pages : 324 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Policing Mobility Regimes by : Giuseppe Campesi

Download or read book Policing Mobility Regimes written by Giuseppe Campesi and published by Routledge. This book was released on 2021-08-17 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 30 years after its birth, the Schengen area of free movement is under siege in Europe: new barriers are being erected along land borders, military assets are increasingly deployed to patrol the Mediterranean, while sophisticated surveillance tools are used to keep track of the flows of people crossing into European space. Bringing together perspectives from political geography, critical criminology and legal theory, Policing Mobility Regimes offers a systematic analysis of the impact that Frontex is having on migration control strategies at the EU level and offers a detailed empirical description of the agency’s organization and operational activities. In addition, this book explores the meaning behind the attempt at developing a post-national border control strategy and what effect this might have on the geopolitics of Europe’s borders. It contributes to the wider theoretical debate on the relationships among migration, security and the transformation of borders in contemporary Europe. An accessible and compelling read, this book will appeal to all those engaged with criminology, sociology, geography, politics and law as well as all those interested in learning about Europe’s changing borders.

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

Author : Izabella Majcher
Publisher : BRILL
ISBN 13 : 9004360530
Total Pages : 848 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The European Union Returns Directive and its Compatibility with International Human Rights Law by : Izabella Majcher

Download or read book The European Union Returns Directive and its Compatibility with International Human Rights Law written by Izabella Majcher and published by BRILL. This book was released on 2019-11-26 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Criminalisation of Migration in Europe

Author : Valsamis Mitsilegas
Publisher : Springer
ISBN 13 : 331912658X
Total Pages : 110 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The Criminalisation of Migration in Europe by : Valsamis Mitsilegas

Download or read book The Criminalisation of Migration in Europe written by Valsamis Mitsilegas and published by Springer. This book was released on 2014-10-31 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Future of Migration to Europe

Author : matteo villa
Publisher : Ledizioni
ISBN 13 : 8855262025
Total Pages : 106 pages
Book Rating : 4.8/5 (552 download)

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Book Synopsis The Future of Migration to Europe by : matteo villa

Download or read book The Future of Migration to Europe written by matteo villa and published by Ledizioni. This book was released on 2020-05-14 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even as the 2013-2017 “migration crisis” is increasingly in the past, EU countries still struggle to come up with alternative solutions to foster safe, orderly, and regular migration pathways, Europeans continue to look in the rear-view mirror.This Report is an attempt to reverse the perspective, by taking a glimpse into the future of migration to Europe. What are the structural trends underlying migration flows to Europe, and how are they going to change over the next two decades? How does migration interact with specific policy fields, such as development, border management, and integration? And what are the policies and best practicies to manage migration in a more coherent and evidence-based way?

Guide to Policies for the Well-being of All in Pluralist Societies

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9789287168535
Total Pages : 300 pages
Book Rating : 4.1/5 (685 download)

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Book Synopsis Guide to Policies for the Well-being of All in Pluralist Societies by : Council of Europe

Download or read book Guide to Policies for the Well-being of All in Pluralist Societies written by Council of Europe and published by Council of Europe. This book was released on 2010-01-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide offers theoretical and practical tools for an innovative approach to a key political issue: how, along with our immigrant fellow-citizens, can we build a fair and plural society that ensures the well-being or all? By moving beyond rigid categories like "foreigner", "immigrant" and "illegal, and ambiguous concepts like "identity", "diversity, "immigration control and "integration", this guide suggests that policy makers, civil servants and citizens need to question their own vocabulary if they are to grasp the complexity and uniqueness or people's migration paths. Perceiving migrants simply from the host country's point or view - the security, well-being and life-style of its nationals - has limitations. We cannot see people of foreign origin only as a threat or a resource to be exploited. If we see them as stereotypes, we are seeing only a mirror of European fears and contradictory aspirations. This guide helps readers decode and address the structural problems of our society, looking at the accusations made against migrants And The utilitarian view or the advantages that immigrants bring to host societies. In publishing this guide, The Council or Europe is seeking to initiate an in-depth debate on the migration issue, which is so high on the European political agenda

The Refugee Surge in Europe

Author : Mr.Shekhar Aiyar
Publisher : International Monetary Fund
ISBN 13 : 1498352308
Total Pages : 50 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis The Refugee Surge in Europe by : Mr.Shekhar Aiyar

Download or read book The Refugee Surge in Europe written by Mr.Shekhar Aiyar and published by International Monetary Fund. This book was released on 2016-01-19 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of political turmoil in the Middle-East, Europe faces an unprecedented surge in asylum applications. In analyzing the economic impact of this inflow, this paper draws from the experience of previous economic migrants and refugees, mindful of the fact that the characteristics of economic migrants can be different from refugees. In the short-run, additional public expenditure will provide a small positive impact on GDP, concentrated in the main destination countries of Germany, Sweden and Austria. Over the longer-term, depending on the speed and success of the integration of refugees in the labor market, the increase in the labor force can have a more lasting impact on growth and the public finances. Here good policies will make an important difference. These include lowering barriers to labor markets for refugees, for example through wage subsidies to employers, and, in particular, reducing legal barriers to labor market participation during asylum process, removing obstacles to entrepreneurship/self-employment, providing job training and job search assistance, as well as language skills. While native workers often have legitimate concerns about the impact of immigrants on wages and employment, past experience indicates that any adverse effects are limited and temporary.

The Criminalization of Migration

Author : Idil Atak
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773555641
Total Pages : 441 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis The Criminalization of Migration by : Idil Atak

Download or read book The Criminalization of Migration written by Idil Atak and published by McGill-Queen's Press - MQUP. This book was released on 2018-12-30 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: With over 240 million migrants in the world, including over 65 million forced migrants and refugees, states have turned to draconian measures to stem the flow of irregular migration, including the criminalization of migration itself. Canada, perceived as a nation of immigrants and touted as one of the most generous countries in the world today for its reception of refugees, has not been immune from these practices. This book examines "crimmigration" – the criminalization of migration – from national and comparative perspectives, drawing attention to the increasing use of criminal law measures, public policies, and practices that stigmatize or diminish the rights of forced migrants and refugees within a dominant public discourse that not only stereotypes and criminalizes but marginalizes forced migrants. Leading researchers, legal scholars, and practitioners provide in-depth analyses of theoretical concerns, legal and public policy dimensions, historic migration crises, and the current dynamics and future prospects of crimmigration. The editors situate each chapter within the existing migration literature and outline a way forward for the decriminalization of migration through the vigorous promotion and advancement of human rights. Building on recent legal, policy, academic, and advocacy initiatives, The Criminalization of Migration maps how the predominant trend toward the criminalization of migration in Canada and abroad can be reversed for the benefit of all, especially those forced to migrate for the protection of their inherent human rights and dignity.

Borders and Security Governance

Author : Marina Caparini
Publisher : LIT Verlag Münster
ISBN 13 : 9783825894382
Total Pages : 332 pages
Book Rating : 4.8/5 (943 download)

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Book Synopsis Borders and Security Governance by : Marina Caparini

Download or read book Borders and Security Governance written by Marina Caparini and published by LIT Verlag Münster. This book was released on 2006 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Geneva Centre for the Democratic Control of Armed Forces (DCAF)"--Cover.

Fundamental Rights Challenges

Author : Cristina Izquierdo-Sans
Publisher : Springer Nature
ISBN 13 : 303072798X
Total Pages : 298 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Fundamental Rights Challenges by : Cristina Izquierdo-Sans

Download or read book Fundamental Rights Challenges written by Cristina Izquierdo-Sans and published by Springer Nature. This book was released on 2021-06-17 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.

World Report 2018

Author : Human Rights Watch
Publisher : Seven Stories Press
ISBN 13 : 1609808150
Total Pages : 704 pages
Book Rating : 4.6/5 (98 download)

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Book Synopsis World Report 2018 by : Human Rights Watch

Download or read book World Report 2018 written by Human Rights Watch and published by Seven Stories Press. This book was released on 2018-01-30 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken in 2016 by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

No Escape from Hell

Author : Judith Sunderland
Publisher :
ISBN 13 :
Total Pages : 70 pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis No Escape from Hell by : Judith Sunderland

Download or read book No Escape from Hell written by Judith Sunderland and published by . This book was released on 2019 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: "European Union policies are contributing to a cycle of extreme abuse against migrants and asylum seekers in Libya. Through their support, the EU, Italy and other member states are enabling the Libyan Coast Guard ... to intercept boats leaving Libya knowing all migrants and asylum seekers are then detained in arbitrary, indefinite, and abusive detention. [This report] is based on visits to four Libyan migrant detention centers where Human Rights Watch spoke with over 100 detained migrants and asylum seekers and documented severe overcrowding, unsanitary conditions, malnutrition, lack of adequate healthcare as well as violent abuse by guards including beatings, whippings, and other violence. The EU and member states’ efforts to alleviate the suffering of migrants have had negligible impact on the ground."--Page 4 of cover.