Fundamental Rights Challenges In Border Controls And Expulsion Of Irregular Immigrants In The European Union

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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 : 270 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 270 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.

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).

Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights

Author : Ryszard Ignacy Cholewinski
Publisher : Council of Europe
ISBN 13 : 9789287158796
Total Pages : 88 pages
Book Rating : 4.1/5 (587 download)

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Book Synopsis Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights by : Ryszard Ignacy Cholewinski

Download or read book Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights written by Ryszard Ignacy Cholewinski and published by Council of Europe. This book was released on 2005-01-01 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication examines the minimum level of social rights which illegal migrants are entitled to in Council of Europe countries, as well as obstacles to access. This is done in the light of the Council of Europe's concern to promote human rights, maintain social cohesion and prevent racism and xenophobia, in counterbalance to the more restrictive approach to illegal migration adopted by the EU. Topics covered are rights in relation to housing, education, social security, health, social and welfare services, fair employment conditions and residence rights.

Migrants with Irregular Status in Europe

Author : Sarah Spencer
Publisher : Springer Nature
ISBN 13 : 3030343243
Total Pages : 222 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Migrants with Irregular Status in Europe by : Sarah Spencer

Download or read book Migrants with Irregular Status in Europe written by Sarah Spencer and published by Springer Nature. This book was released on 2020-05-20 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

REGINE - Regularisations in Europe

Author : Martin Baldwin-Edwards
Publisher : Amsterdam University Press
ISBN 13 : 9085550084
Total Pages : 576 pages
Book Rating : 4.0/5 (855 download)

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Book Synopsis REGINE - Regularisations in Europe by : Martin Baldwin-Edwards

Download or read book REGINE - Regularisations in Europe written by Martin Baldwin-Edwards and published by Amsterdam University Press. This book was released on 2009 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: REGINE is a research project on regularisation practices in the European Union. The aim of the project is to provide a thorough mapping of practices relating to the regularisation of third country nationals illegally resident in EU Member States. Two additional non-EU countries - Switzerland and the US - will also be covered to gain insights in regularisation practices and the impact of regularisations elsewhere. In examining regularisation practices, the project also investigates the relationship of regularisation policies to the overall migration policy framework, including to protection issues and refugee policies. Moreover, the project examines the political position of different stakeholders towards regularisation policies on the national level. Finally, the project examines potential options for policies on regularisation on the European level, incorporating Member States as well as other stakeholders' views on possible instruments on the European level.

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 collective volume draws on the themes of intersectionality and overlapping policy universes to examine and evaluate the shifting functions, frames and multiple actors and instruments of an ongoing and revitalized cooperation in EU external migration and asylum policies with third states. The contributions are based on problem-driven research and seek to develop bottom-up, policy-oriented solutions, while taking into account global, EU-based and local perspectives, and the shifting universes of EU migration, border and asylum policies. In 15 chapters, we explore the multifaceted dimensions of the EU external migration policy and its evolution in the post-crisis, geopolitical environment of the Global Compacts.

Collective Securitisation and Security Governance in the European Union

Author : Sonia Lucarelli
Publisher : Routledge
ISBN 13 : 1000753034
Total Pages : 324 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Collective Securitisation and Security Governance in the European Union by : Sonia Lucarelli

Download or read book Collective Securitisation and Security Governance in the European Union written by Sonia Lucarelli and published by Routledge. This book was released on 2020-06-04 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Securitisation and Security Governance in the European Union presents an integrated theory of collective securitisation – a theoretical foundation for explaining how the process of collective securitisation sustains and makes effective an identifiable system of regional security governance. The volume demonstrates the empirical utility of collective securitisation in the EU security space through a set of structured case studies focusing on the collective securitisation of terrorism, cyberspace, migration, energy, health and climate change. The contributions to this collection address three questions: Under what conditions does collective securitisation occur? How does collective securitisation affect the scope and domains of EU security governance? And how does collective securitisation explain the emergence of the EU system of security governance? This volume breaks new ground in the field of EU security studies and provides a theoretical orientation that contributes to our understanding of how and why the EU has developed as a security actor in the 21st century. Developing and testing the theory of collective securitisation with reference to some of the most pressing contemporary security issues, Collective Securitisation and Security Governance in the European Union will be of great interest to scholars of the European Union and Security Studies. The chapters were originally published as a special issue of West European Politics.

The Criminalisation of Migration in Europe

Author : Valsamis Mitsilegas
Publisher : Springer
ISBN 13 : 331912658X
Total Pages : 117 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 117 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.

Access to Justice for Migrants and Asylum Seekers in Europe

Author : Jeremy McBride
Publisher : Council of Europe
ISBN 13 : 9789287166456
Total Pages : 134 pages
Book Rating : 4.1/5 (664 download)

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Book Synopsis Access to Justice for Migrants and Asylum Seekers in Europe by : Jeremy McBride

Download or read book Access to Justice for Migrants and Asylum Seekers in Europe written by Jeremy McBride and published by Council of Europe. This book was released on 2009-01-01 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Further to the 28th Conference of European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007), the Council of Europe has continued working on access to justice for migrants and asylum seekers. This publication contains an assessment of the situation faced by this vulnerable category of persons in accessing justice. It deals in particular with the identification of measures - both existing and new - for facilitating and ensuring such access for these people.

The Human Rights of Migrants

Author : Reginald Thomas Appleyard
Publisher : International Org. for Migration
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Human Rights of Migrants by : Reginald Thomas Appleyard

Download or read book The Human Rights of Migrants written by Reginald Thomas Appleyard and published by International Org. for Migration. This book was released on 2001 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes statistics.

Irregular Migration

Author : Maurizio Ambrosini
Publisher : Springer Nature
ISBN 13 : 3031308387
Total Pages : 154 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Irregular Migration by : Maurizio Ambrosini

Download or read book Irregular Migration written by Maurizio Ambrosini and published by Springer Nature. This book was released on 2023-05-15 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access short reader provides an introduction to the theoretical debates regarding irregular migration and aims to bridge these theoretical debates to current empirical developments. It defines irregular migrants and irregular migration by discussing the wide variety of definitions and highlights the reasons for the presence of irregular immigrants in developed countries. The book provides an overview of the variation in policies regarding irregular migrants and elaborates on how irregular migration is facilitated and supported. It discusses the trends and dynamics between border enforcement, human smuggling/trafficking, and on the support irregular migrants obtain by citizens and civil society while residing in the EU. Last but not least, the book also focuses on the agency and political mobilization of irregular migrants. As such, it provides a great resource for everyone interested in learning more about irregular migration.

Mediterranean in Dis/order

Author : Rosita Di Peri
Publisher : University of Michigan Press
ISBN 13 : 0472903160
Total Pages : 325 pages
Book Rating : 4.4/5 (729 download)

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Book Synopsis Mediterranean in Dis/order by : Rosita Di Peri

Download or read book Mediterranean in Dis/order written by Rosita Di Peri and published by University of Michigan Press. This book was released on 2023-03-07 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediterranean in Dis/order reveals the connection between space and politics by examining the role that space has played in insurgencies, conflicts, uprisings, and mobilities in the Mediterranean region. With this approach, the authors are able to challenge well-established beliefs about the power structure of the state across different disciplines (including political science, history, sociology, geography, and anthropology), and its impact on the conception, production, and imagination of space in the broader Mediterranean. Further, they contribute to particular areas of studies, such as migration, political Islam, mobilization, and transition to democracy, among others. The book, infusing critical theory, unveils original and revelatory case studies in Tunisia, Libya, Lebanon, Turkey, Syria, Morocco, and the EU Mediterranean policy, through a various set of actors and practices—from refugees and migrations policies, to Islamist or students’ movements, architectural sites, or movies. This multidisciplinary perspective on space and power provides a valuable resource for practitioners interested in how space, context, and time interact to produce institutions, political subjectivities, and asymmetries of power, particularly since the turning point of the Arab uprisings. The book also helps readers understand the conditions under which the uprisings develop, giving a clearer picture about various national, regional, and international dynamics.

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.

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.

Data Protection, Migration and Border Control

Author : Teresa Quintel
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959653
Total Pages : 283 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Data Protection, Migration and Border Control by : Teresa Quintel

Download or read book Data Protection, Migration and Border Control written by Teresa Quintel and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Modes of Migration Regulation and Control in Europe

Author : Jeroen Doomernik
Publisher : Amsterdam University Press
ISBN 13 : 9053566899
Total Pages : 216 pages
Book Rating : 4.0/5 (535 download)

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Book Synopsis Modes of Migration Regulation and Control in Europe by : Jeroen Doomernik

Download or read book Modes of Migration Regulation and Control in Europe written by Jeroen Doomernik and published by Amsterdam University Press. This book was released on 2008 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Europe, immigration is a politically potent issue—especially when it comes to the treatment of asylum seekers and illegal labor immigrants. This volume draws the reader into the complex and contradictory world of migration regulation and control, covering the wide range of different policy approaches that aim to control the entry and residence of non-EU citizens. Revealing the common framework, tendencies, and policy convergences brought about less by design than a common concern about migration’s impact on the future of the EU, Modes of Migration Regulation and Control in Europe questions the effectiveness of additional efforts in terms of their fiscal and societal costs. “This important book emphasizes that European countries individually and collectively are converging in their efforts to manage migration.”—Philip Martin, University of California, Davis