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Author : Federico Alagna
Publisher : Springer Nature
ISBN 13 : 3031625706
Total Pages : 249 pages
Book Rating : 4.0/5 (316 download)
Download or read book Migrant Smuggling and the Criminalisation of Migration in the EU written by Federico Alagna and published by Springer Nature. This book was released on with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Elspeth Guild
Publisher : BRILL
ISBN 13 : 9047409302
Total Pages : 431 pages
Book Rating : 4.0/5 (474 download)
Download or read book Immigration and Criminal Law in the European Union written by Elspeth Guild and published by BRILL. This book was released on 2006-06-01 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the legal framework on criminal measures on trafficking and/or smuggling and facilitating illegal entry in six Member States: France, Germany, Italy, the Netherlands, Spain and the UK, and the European Union. This issue is at the nexus of migration and criminal law. The system of criminal law in the Member States is a central part of the balance of the powers of the authorities and the rights of the citizen. The way in which civil liberties of the individual are weighed in comparison with public protection duties by the authorities is in essence a constitutional issue. The treatment of foreigners, in particular as regards their entry onto the territory and residence is not part of the constitutional settlements, but a field governed by state discretion and exceptionalism. The rules and administrative measures regarding entry, residence and expulsion of foreigners is not subject to the same civil liberties guarantees of due process as apply in criminal law. This comparative study examines how, in each Member State, the insertion of immigration into criminal law takes place. Do the rules of criminal law in respect of due process take precedence over the lower evidential and procedural requirements which are applied in the field of immigration? How does the criminal justice system deal with this new field where central constitutional issues are not present? There are two levels on which the insertion of immigration into criminal law takes place – the legal and the social. This book deals with both. On the one hand it looks at the laws and the court decisions on criminal trials in respect of immigrants for immigration related offences, on the other hand it looks at how the society (political actors, media, interest groups etc) discuss and develop this issue. This book is designed for policymakers, academics, students and activists concerned about the European Union.
Author : Vincenzo Militello
Publisher : BRILL
ISBN 13 : 9004401725
Total Pages : 88 pages
Book Rating : 4.0/5 (44 download)
Download or read book Between Criminalization and Protection written by Vincenzo Militello and published by BRILL. This book was released on 2019-08-26 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.
Author : Valsamis Mitsilegas
Publisher : Springer
ISBN 13 : 331912658X
Total Pages : 117 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 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.
Author : Federico Alagna
Publisher : Palgrave Macmillan
ISBN 13 : 9783031625695
Total Pages : 0 pages
Book Rating : 4.6/5 (256 download)
Download or read book Migrant Smuggling and the Criminalisation of Migration in the EU written by Federico Alagna and published by Palgrave Macmillan. This book was released on 2024-10-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines migrant smuggling and migration governance in the European Union. Following the 'refugee crisis' of 2014-15 and the rise in the number of people crossing the Mediterranean Sea, growing concern has been expressed in the media and elsewhere as to how EU institutions have tackled migrant smuggling. Focusing particularly on Italy during the period of the Eighth European Parliament (2014-19), the book assesses the evolution of anti-smuggling policies at EU and national level, and considers why institutions and policy-makers have failed to fully address the issue. Adopting a bottom-up approach, it also analyses the roles that people on the move, smugglers, law enforcers, the judiciary and border guards play in influencing policy processes. With political and public debates over migration more vociferous than ever, the book provides important insights into the EU approach to migrant smuggling. It will appeal to all those interested in public policy, migration studies, European politics and criminology.
Author : Gian Luigi Gatta
Publisher : Bloomsbury Publishing
ISBN 13 : 150993393X
Total Pages : 311 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 311 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 : Anne T. Gallagher
Publisher : Cambridge University Press
ISBN 13 : 1107015928
Total Pages : 841 pages
Book Rating : 4.1/5 (7 download)
Download or read book The International Law of Migrant Smuggling written by Anne T. Gallagher and published by Cambridge University Press. This book was released on 2014-07-21 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.
Author : Matilde Ventrella
Publisher : Routledge
ISBN 13 : 1317037308
Total Pages : 288 pages
Book Rating : 4.3/5 (17 download)
Download or read book The Control of People Smuggling and Trafficking in the EU written by Matilde Ventrella and published by Routledge. This book was released on 2016-03-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the smuggling of migrants and trafficking in human beings in the EU with a comparative analysis of how British and Italian law has approached the issues. The work also analyzes the role of cooperation between the police and judiciary in combating criminal organizations involved in these crimes. The author draws on evidence from the Italian cities of Rimini and Siracusa and from the Italian transit island of Lampedusa to show how an innovative approach can help provide solutions to the problems arising from this sort of criminal activity. The result is a valuable resource for academics and students working in the areas of migration, refugee, criminal justice and EU law. Policy-makers and practitioners working with refugee and immigration issues will also find much of interest in this book.
Author : Peter Tinti
Publisher : Oxford University Press
ISBN 13 : 0190668598
Total Pages : 353 pages
Book Rating : 4.1/5 (96 download)
Download or read book Migrant, Refugee, Smuggler, Savior written by Peter Tinti and published by Oxford University Press. This book was released on 2017 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: When states, charities, and NGOs either ignore or are overwhelmed by movement of people on a vast scale, criminal networks step into the breach. This book explains what happens next.
Author : Sergio Carrera
Publisher : Bloomsbury Publishing
ISBN 13 : 1509923004
Total Pages : 240 pages
Book Rating : 4.5/5 (99 download)
Download or read book Policing Humanitarianism written by Sergio Carrera and published by Bloomsbury Publishing. This book was released on 2019-01-24 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policing Humanitarianism examines the ways in which European Union policies aimed at countering the phenomenon of migrant smuggling affects civil society actors' activities in the provision of humanitarian assistance, access to rights for irregular immigrants and asylum seekers. It explores the effects of EU policies, laws and agencies' operations in anti-migrant smuggling actions and their implementation in the following EU Member States: Italy, Greece, Hungary and the UK.The book critically studies policies designed and implemented since 2015, during the so called 'European refugee humanitarian crisis'. Building upon the existing academic literature covering the 'criminalisation of migration ' in the EU, the book examines the wider set of punitive, coercive or control-oriented dynamics affecting Civil Society Actors' work and activities through the lens of the notion of ' policing the mobility society'. This concept seeks to provide a framework of analysis that allows for an examination of a wider set of practices, mechanisms and tools driven by a logic of policing in the context of the EU Schengen border framework: those which affect not only people, who move (qualified as third-country nationals for the purposes of EU law), but also people who mobilise in a rights-claiming capacity on behalf of and with immigrants and asylum-seekers.
Author : Valsamis Mitsilegas
Publisher : BRILL
ISBN 13 : 9004396810
Total Pages : 350 pages
Book Rating : 4.0/5 (43 download)
Download or read book Securitising Asylum Flows written by Valsamis Mitsilegas and published by BRILL. This book was released on 2020-04-20 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Securitising Asylum Flows, the editors have collected contributions that examine the human rights and rule of law challenges posed by the EU response to the so-called ‘refugee crisis’.
Author : Great Britain. Parliament. House of Lords. European Union Committee
Publisher : The Stationery Office
ISBN 13 : 0108558207
Total Pages : 65 pages
Book Rating : 4.1/5 (85 download)
Download or read book HL 46 - EU Action Plan against migrant smuggling written by Great Britain. Parliament. House of Lords. European Union Committee and published by The Stationery Office. This book was released on 2015 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current refugee crisis is the greatest humanitarian problem to have faced the European Union since its foundation. In response, the European Commission adopted a wide-ranging European Agenda on Migration on 13 May 2015. As part of this Agenda the Commission brought forward an EU Action Plan against Migrant Smuggling. The Action Plan sets out four priorities: enhanced police and judicial response; improved gathering and sharing of information; enhanced prevention of smuggling and assistance to vulnerable migrants; and, stronger cooperation with third countries. The aim of this inquiry was to look at the efficacy of the Action Plan ahead of the European Commission's own review of the legislation on migrant smuggling, which will be published in 2016 along with proposed reforms. Migrant smuggling is a serious criminal activity, but the Commission has rightly sought to place the Action Plan within the context of a broader approach to migration. The nature of migrant smuggling needs to be properly understood in order to develop an adequate and appropriate response. Evidence suggests that a majority of those currently entering the EU as irregular migrants are 'prima facie refugees', as defined by the UN High Commissioner for Refugees. It is, therefore, important that as much focus is placed on the humanitarian aspects of the crisis as on law enforcement. At the same time, we support the high priority that is being given to guarding against migrant smuggling for the purpose of committing terrorist acts. Migrant smuggling is a complex and little understood phenomenon. It can involve organised criminal gangs at one end of the spectrum, and local groups, including groups of migrants themselves, who may have humanitarian motives, at the other. The Action Plan needs to recognise this complexity.
Author : Johan Leman
Publisher : Springer
ISBN 13 : 1137543647
Total Pages : 250 pages
Book Rating : 4.1/5 (375 download)
Download or read book Human Trafficking and Migrant Smuggling in Southeast Europe and Russia written by Johan Leman and published by Springer. This book was released on 2015-10-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through unprecedented access to over 100 court files and sentences, and interviews with police and security personnel in both origin and destination countries, this book provides the most comprehensive exploration to date of human trafficking and migrant smuggling in Eastern Europe and Russia.
Author : Peter Tinti
Publisher : Oxford University Press
ISBN 13 : 184904953X
Total Pages : 347 pages
Book Rating : 4.8/5 (49 download)
Download or read book Migrant, Refugee, Smuggler, Saviour written by Peter Tinti and published by Oxford University Press. This book was released on 2018-02 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migrant, Refugee, Smuggler, Saviour investigates one of the most under-examined aspects of the great migration crisis of our time. As millions seek passage to Europe in order to escape conflicts, repressive governments and poverty, their movements are enabled and actively encouraged by professional criminal networks that earn billions of dollars. Many of these smugglers carry out their activities with little regard for human rights, which has led to a manifold increase in human suffering, not only in the Mediterranean Sea, but also along the overland smuggling routes that cross the Sahara, penetrate deep into the Balkans, and into hidden corners of Europe's capitals. But others are revered as saviours by those that they move, for it is they who deliver men, women and children to a safer place and better life. Disconcertingly, it is often criminals who help the most desperate among us when the international system turns them away. This book is a measured attempt, born of years of research and reporting in the field, to better understand how people-smuggling networks function, the ways in which they have evolved, and what they mean for peace and security in the future.
Author : Kheira Arrouche
Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (131 download)
Download or read book Between Politics and Inconvenient Evidence written by Kheira Arrouche and published by . This book was released on 2021 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the European Commission’s recent release of its Renewed EU Action Plan Against Migrant Smuggling (2021-2025), we take stock of key insights arising from recent and ongoing research on the facilitation of irregular migration. The EU’s counter-smuggling policies equate irregular migration to a crime, while disregarding that safe, orderly and regular pathways for refugees and other migrants are hard to access. The Renewed EU Action Plan Against Migrant Smuggling (2021-2025) exacerbates the risks that refugees and other migrants face by penalising those who assist them. Civil society actors, family members and communities that act out of compassion or provide basic services in transit and destination countries continue to be investigated and prosecuted as ‘migrant smugglers’.We call for more nuanced policy responses to migrant smuggling that are compliant with human rightsand backed by empirical research. We recommend that the European Commission conducts a thorough human rights impact assessment of this Renewed EU Action Plan Against Migrant Smuggling and related Anti-Smuggling Operational Partnerships with third countries. The EU must narrow down its criminal definition of ‘facilitation of irregular migration’ to conform with the UN Migrant Smuggling protocol’s protection of family members, humanitarians and other bona fide actors by including an ‘unjust enrichment’ motive. We reiterate that allsmuggled refugees and other migrants, regardless of how they reach their destination, must be exempt from criminalisation. We stress that returns, entry-bans and pushbacks should never be seen as counter-smuggling measures as they only increase the demand for migrant smuggling. Thus, we call on EU policy makers to create and enhance safe, orderly and regular pathways in light of the commitments under the UN Global Compacts for Migration and on Refugees.
Author : United Nations
Publisher :
ISBN 13 : 9789211303506
Total Pages : 168 pages
Book Rating : 4.3/5 (35 download)
Download or read book Global Study on Smuggling of Migrants 2018 written by United Nations and published by . This book was released on 2019-02 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study shows that migrant smuggling routes affect every part of the world. It is based on an extensive review of existing data and literature. The study presents detailed information about key smuggling routes, such as the magnitude, the profiles of smugglers and smuggled migrants, the modus operandi of smugglers and the risks that smuggled migrants face. It shows that smugglers use land, air and sea routes - and combinations of those - in their quest to profit from people's desire to improve their lives. Smugglers also expose migrants to a range of risks; violence, theft, exploitation, sexual violence, kidnapping and even death along many routes.
Author : Stefano Becucci
Publisher : Policy Press
ISBN 13 : 1529222532
Total Pages : 204 pages
Book Rating : 4.5/5 (292 download)
Download or read book Smuggling and Trafficking of Migrants in Southern Europe written by Stefano Becucci and published by Policy Press. This book was released on 2024-03-25 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on migrant smuggling and trafficking in Italy, Spain and Greece, tackling key issues such as the role of criminals and the economic factors that expose migrants to exploitation upon arrival.
