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Author : J. R. K. A. M. Waasdorp
Publisher :
ISBN 13 : 9788895922874
Total Pages : 438 pages
Book Rating : 4.9/5 (228 download)
Download or read book Crimmigration Law in the European Union written by J. R. K. A. M. Waasdorp and published by . This book was released on 2017 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Aniel Pahladsingh
Publisher :
ISBN 13 : 9789462403239
Total Pages : 0 pages
Book Rating : 4.4/5 (32 download)
Download or read book Crimmigration Law in the European Union written by Aniel Pahladsingh and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally third-country nationals. An entry ban prohibits entry into and stay on the territory of all EU Member States (except the United Kingdom and Ireland) and Switzerland, Norway, Iceland, and Liechtenstein. This instrument is intended to have preventive effects and to foster the credibility of EU return policy. The clear message is that those who disregard migration rules in the Member States will not be allowed to re-enter any Member State for a specified period. Furthermore, the entry ban is an instrument which can be used to prevent (or to counter) terrorism. The use of criminal sanctions in the area of immigration opens the largely political debate on the legitimacy of the process of criminalizing foreigners. The merger between criminal law and immigration law has been classified as "crimmigration law." The entry ban falls within the scope of crimmigration law. The relation between immigration law and criminal law, and the compatibility of national penal measures imposed as a punishment for illegal migration, is developed in the case law of the Court of Justice of the European Union. There is a well-established jurisprudence on the interplay between domestic penal sanctions and the effectiveness of return policy. The effectiveness of the return process would be compromised by the application of a criminal penalty for violating the entry ban, because the primary objective of the Directive is not to prevent illegal presence in the territory but rather to put an end to it. The current issue is to determine to what extent the use of criminal sanctions by Member States is allowed in the situation that an entry ban is issued against an illegally staying third-country national. This research focuses on this issue. [Subject: Criminal Law, EU?Law]
Author : Gian Luigi Gatta
Publisher : Bloomsbury Publishing
ISBN 13 : 1509933948
Total Pages : 312 pages
Book Rating : 4.5/5 (99 download)
Download or read book Controlling Immigration Through Criminal Law written by Gian Luigi Gatta and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Francesco Cherubini
Publisher : Routledge
ISBN 13 : 1317804457
Total Pages : 300 pages
Book Rating : 4.3/5 (178 download)
Download or read book Asylum Law in the European Union written by Francesco Cherubini and published by Routledge. This book was released on 2014-11-13 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.
Author : Aniel Pahladsingh
Publisher : Eleven International Publishing
ISBN 13 : 9789462128132
Total Pages : 0 pages
Book Rating : 4.1/5 (281 download)
Download or read book Crimmigration and the Return Directive written by Aniel Pahladsingh and published by Eleven International Publishing. This book was released on 2023-07-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Return Directive lays down minimum standards and procedures concerning the return of third-country nationals (non-EU nationals) illegally residing in a member state. To actually effectuate their return, the Return Directive provides for several instruments, such as the return decision, the entry ban and the possibility of detention. In this study, the author has researched the merger of criminal law with immigration law, known as the crimmigration phenomenon, in relation to the EU Return Directive. He has systematically assessed whether these EU instruments apply to the enforcement of these return rules and if they meet return policy or require adaptation in the light of primary and secondary EU law and the European Convention on Human Rights. In Crimmigration and the Return Directive crimmigration is explored from mainly three perspectives: the balance between the effective measures and the fundamental rights of the migrant, the legitimacy of criminal sanctions and the legal position of the migrant. EU Return Directive plays an important role in the enforcement of the EU return provisions that are based on criminal and semi-criminal rules. Member states are obligated to respect the fundamental rights of the illegal third-country national. However, there are two serious bottlenecks regarding the application of the current Return Directive: the fundamental rights protection for illegal third-country nationals is not fully developed, and criminal law safeguards and principles have a limited role. The research outcomes aim to benefit the primary actors involved with the Return Directive: the judiciary (CJEU, ECtHR and national courts), the Union legislature, the national legislatures and national authorities, advocacy, NGOs and the migrant.
Author : Katja Franko
Publisher : Routledge
ISBN 13 : 1351001426
Total Pages : 221 pages
Book Rating : 4.3/5 (51 download)
Download or read book The Crimmigrant Other written by Katja Franko and published by Routledge. This book was released on 2019-12-06 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western societies are immersed in debates about immigration and illegality. This book examines these processes and outlines how the figure of the "crimmigrant other" has emerged not only as a central object of media and political discourse, but also as a distinct penal subject connecting migration and the logic of criminalization and insecurity. Illegality defines not only a quality of certain acts, but becomes an existential condition, which shapes the daily lives of large groups within the society. Drawing on rich empirical material from national and international contexts, Katja Franko outlines the social production of the crimmigrant other as a multi-layered phenomenon that is deeply rooted in the intricate connections between law, scientific knowledge, bureaucratic practices, politics and popular discourse.
Author : Elspeth Guild
Publisher : BRILL
ISBN 13 : 9004478787
Total Pages : 387 pages
Book Rating : 4.0/5 (44 download)
Download or read book Immigration Law in the European Community written by Elspeth Guild and published by BRILL. This book was released on 2021-10-18 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration law continues to be an issue of substantial interest in the European Union. The institutions and the Member States are formulating the type of immigration law which the Union will have following the substantial move of competence in the field from Member State level to the Union with the amendments to the EC Treaty introduced by the Treaty of Amsterdam in 1999. This is a particularly important period within which to take stock of the existing immigration law of the European Union and how it has been developed. In order to understand the current law and lay the foundations for the future, a historical analysis of the development of European Union immigration law is needed. This volume charts the development of European Community immigration law from the conclusion of the EEC Treaty to the present day, first focussing on the development of the law relating to Community nationals and their third country national dependents, then looking at the extension of Community immigration law to third country nationals through agreements between their states of origin and the EC. Special attention is given to the rights of Turkish workers under the agreement between Turkey and the EC and the possibilities of residence and economic activity for nationals of the Central and Eastern European countries under the Europe Agreements. The centre of analysis of this book is the individual migrant: what are the rights and duties of the individual and what is his or her relationship of rights on the one hand with the Member State and on the other hand with the European Community? This book examines the structure and content of European Community immigration law from the perspective of the individual most closely affected by that law.
Author : Loïc Azoulai
Publisher : Oxford University Press
ISBN 13 : 019870853X
Total Pages : 257 pages
Book Rating : 4.1/5 (987 download)
Download or read book Migration and EU Law and Policy written by Loïc Azoulai and published by Oxford University Press. This book was released on 2014-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.
Author : Valsamis Mitsilegas
Publisher : Springer
ISBN 13 : 331912658X
Total Pages : 110 pages
Book Rating : 4.3/5 (191 download)
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.
Author : Maria João Guia
Publisher :
ISBN 13 : 9789490947781
Total Pages : 0 pages
Book Rating : 4.9/5 (477 download)
Download or read book Social Control and Justice written by Maria João Guia and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a fresh, multi-disciplinary, and international examination of a phenomenon that has altered the landscape of migration in the United States and is now taking root in Canada and throughout Europe: 'crimmigration law.' Crimmigration law consists of the letter and practice of laws and policies at the intersection of criminal law and immigration law. Crimmigration scholars study the creation of laws and policies, their enforcement, as well as the institutional dynamics that create crimmigration law and are created by it. Many have written about the use of crimmigration law to exert social control over groups marginalized by ethnic bias, class, or citizenship status. This book's contents include: Crimmigration, Securitization, and the Criminal Law of the Crimmigrant * A Reflection on Crimmigration in the Netherlands * Entering the Risk Society: A Contested Terrain for Immigration Enforcement * The Changing Landscape of the Criminalization of Migration in Europe * Disappearing Rights: How States Are Eroding Membership in American Society * The Impact of Immigration Enforcement Outsourcing on Ice Priorities * The Spirit of Crimmigration * Crime and Immigration: The Discourses of Fear as a Theoretical Approach of Critical Evaluation * Recorded Crime Committed by Migrant Groups and Native Dutch in the Netherlands * The Foreign-Born in the Canadian Federal Correctional Population * The Impact of Safety on Levels of Ethnocentrism * The Control of Irregular Migrants and the Criminal Law of the Enemy * Crime among Irregular Immigrants and the Influence of Crimmigration Processes * The Wide Scope of Immigration in the Azores and Its Relationship with Crime * Irregular Immigrants and Their Irish Citizen Children: The Limits of National Citizenship * The Treaty of Prum * Unauthorized Migration
Author : Izabella Majcher
Publisher : BRILL
ISBN 13 : 9004360530
Total Pages : 848 pages
Book Rating : 4.0/5 (43 download)
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
Author : Valsamis Mitsilegas
Publisher : Edward Elgar Publishing
ISBN 13 : 1783473312
Total Pages : 672 pages
Book Rating : 4.7/5 (834 download)
Download or read book Research Handbook on EU Criminal Law written by Valsamis Mitsilegas and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Holly M. Karibo
Publisher : University of Texas Press
ISBN 13 : 1477320695
Total Pages : 303 pages
Book Rating : 4.4/5 (773 download)
Download or read book Border Policing written by Holly M. Karibo and published by University of Texas Press. This book was released on 2020-04-21 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary group of borderlands scholars provide the first expansive comparative history of the way North American borders have been policed—and transgressed—over the past two centuries. An extensive history examining how North American nations have tried (and often failed) to police their borders, Border Policing presents diverse scholarly perspectives on attempts to regulate people and goods at borders, as well as on the ways that individuals and communities have navigated, contested, and evaded such regulation. The contributors explore these power dynamics though a series of case studies on subjects ranging from competing allegiances at the northeastern border during the War of 1812 to struggles over Indian sovereignty and from the effects of the Mexican Revolution to the experiences of smugglers along the Rio Grande during Prohibition. Later chapters stretch into the twenty-first century and consider immigration enforcement, drug trafficking, and representations of border policing in reality television. Together, the contributors explore the powerful ways in which federal authorities impose political agendas on borderlands and how local border residents and regions interact with, and push back against, such agendas. With its rich mix of political, legal, social, and cultural history, this collection provides new insights into the distinct realities that have shaped the international borders of North America.
Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 178225272X
Total Pages : 324 pages
Book Rating : 4.7/5 (822 download)
Download or read book Globalisation, Criminal Law and Criminal Justice written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2015-01-22 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.
Author : Robert Koulish
Publisher : Fordham University Press
ISBN 13 : 0823287513
Total Pages : 416 pages
Book Rating : 4.8/5 (232 download)
Download or read book Crimmigrant Nations written by Robert Koulish and published by Fordham University Press. This book was released on 2020-03-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government-sponsored degradation, misery, and death. Crimmigrant Nations examines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer an unprecedented look at this issue on an international level. Beginning with the fears and concerns of immigration that predate the election of Trump, the Brexit vote, and the signing and implementation of the Schengen Agreement, Crimmigrant Nations critically analyzes nationalist state policies in countries that have criminalized migrants and categorized them as threats to national security. Highlighting a pressing and perplexing problem facing the Western world in 2020 and beyond, this collection of essays illustrates not only how anti-immigrant sentiments and nationalist discourse are on the rise in various Western liberal democracies, but also how these sentiments are being translated into punitive and cruel policies and practices that contribute to a merger of crime control and migration control with devastating effects for those falling under its reach. Mapping out how these measures are taken, the rationale behind these policies, and who is subjected to exclusion as a result of these measures, Crimmigrant Nations looks beyond the level of the local or the national to the relational dynamics between different actors on different levels and among different institutions.
Author : César Cuauhtémoc García Hernández
Publisher :
ISBN 13 : 9781641059459
Total Pages : 304 pages
Book Rating : 4.0/5 (594 download)
Download or read book Crimmigration Law written by César Cuauhtémoc García Hernández and published by . This book was released on 2022-05-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimmigration Law is a must-read for law students and practitioners seeking an introduction to the complex legal doctrine and practice challenges at the merger of immigration and criminal law.
Author : Idil Atak
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773555641
Total Pages : 441 pages
Book Rating : 4.7/5 (735 download)
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.
