The Criminalisation of Irregular Migration in Europe

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Author :
Publisher : Springer Nature
ISBN 13 : 3030903478
Total Pages : 350 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis The Criminalisation of Irregular Migration in Europe by : Matilde Rosina

Download or read book The Criminalisation of Irregular Migration in Europe written by Matilde Rosina and published by Springer Nature. This book was released on 2022-03-05 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the criminalisation of irregular migration in Europe. In particular, it investigates the meaning, purpose, and consequences of criminalising unauthorised entry and stay. From a theoretical perspective, the book adds to the debate on the persistence of irregular migration, despite governments’ attempts at deterring it, by taking an interdisciplinary approach that draws from international political economy and criminology. Using Italy and France as case studies, and relying on previously unreleased data and interviews, it argues that criminalisation has no effect on migratory flows, and that this is due to factors including the latter’s structural determinants and the likely creation of substitution effects. Furthermore, criminalisation is found to lead to adverse consequences, including by contributing to vicious cycles of irregularity and insecurity.

The Criminalisation of Migration in Europe

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Author :
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.

Irregular Migration And Human Rights

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004140115
Total Pages : 486 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Irregular Migration And Human Rights by : Barbara Bogusz

Download or read book Irregular Migration And Human Rights written by Barbara Bogusz and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays is the outcome of an international conference on Irregular Migration and Human Rights, which gathered together prominent scholars, policy-makers and practitioners working in the migration and human rights field. The objective of the book, in contrast to the prevailing political approach which focuses almost solely on prevention, is to discuss the human rights dimensions of irregular migration from theoretical, European and international perspectives.

Controlling Immigration Through Criminal Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 150993393X
Total Pages : 311 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Controlling Immigration Through Criminal Law by : Gian Luigi Gatta

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.

Migrants with Irregular Status in Europe

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Author :
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.

Immigration and Criminal Law in the European Union

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Author :
Publisher : BRILL
ISBN 13 : 9047409302
Total Pages : 431 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Immigration and Criminal Law in the European Union by : Elspeth Guild

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 2006-05-29 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.

The Routledge Handbook of the Politics of Migration in Europe

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Author :
Publisher : Routledge
ISBN 13 : 1315512831
Total Pages : 466 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis The Routledge Handbook of the Politics of Migration in Europe by : Agnieszka Weinar

Download or read book The Routledge Handbook of the Politics of Migration in Europe written by Agnieszka Weinar and published by Routledge. This book was released on 2018-07-06 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of the Politics of Migration in Europe provides a rigorous and critical examination of what is exceptional about the European politics of migration and the study of it. Crucially, this book goes beyond the study of the politics of migration in the handful of Western European countries to showcase a European approach to the study of migration politics, inclusive of tendencies in all geographical parts of Europe (including Eastern Europe, the Western Balkans, Turkey) and of influences of the European Union (EU) on countries in Europe and beyond. Each expert chapter reviews the state of the art field of studies on a given topic or question in Europe as a continent while highlighting any dimensions in scholarly debates that are uniquely European. Thematically organised, it permits analytically fruitful comparisons across various geographical entities within Europe and broadens the focus on European immigration politics and policies beyond the traditional limitations of Western European, immigrant-receiving societies. The Routledge Handbook of the Politics of Migration in Europe will be essential reading and an authoritative reference for scholars, students, researchers and practitioners involved in, and actively concerned about, research on migration, and European and EU Politics.

Eurafrican Migration

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Author :
Publisher : Springer
ISBN 13 : 1137391359
Total Pages : 121 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Eurafrican Migration by : Rino Coluccello

Download or read book Eurafrican Migration written by Rino Coluccello and published by Springer. This book was released on 2016-04-29 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informed by witness testimonies, Eurafrican Migration details how the perilous journeys undertaken by irregular migrants are enabled by complex networks of guides during the Sahara phase, and explores the relationship between migrants and the criminal groups who arrange for them to be transported across the sea to southern Europe.

New Patterns of Irregular Migration in Europe

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Author :
Publisher : Council of Europe
ISBN 13 : 9287153000
Total Pages : 84 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis New Patterns of Irregular Migration in Europe by : Stéphane de Tapia

Download or read book New Patterns of Irregular Migration in Europe written by Stéphane de Tapia and published by Council of Europe. This book was released on 2003-01-01 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the discussions and findings of a Council of Europe expert seminar meeting, held in Strasbourg in November 2002, as well as a literature review, this publication considers the complex and interrelated issues involved in irregular migration flows in Europe, including illegal migration, applications for and refusal of asylum, and traffic in human beings. It also considers possible options for improving reception and migration policy management in Europe. Conclusions drawn include that closing external borders or implementing strict migration policies in countries of transit or arrival are often ineffective, benefiting criminal networks whilst contributing to rising fears in host countries.

Criminalization of Migration at EU and MS Level. The Role of Fundamental Rights

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3668166714
Total Pages : 18 pages
Book Rating : 4.6/5 (681 download)

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Book Synopsis Criminalization of Migration at EU and MS Level. The Role of Fundamental Rights by : Arne Millahn

Download or read book Criminalization of Migration at EU and MS Level. The Role of Fundamental Rights written by Arne Millahn and published by GRIN Verlag. This book was released on 2016-03-07 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: 2, University of Twente , course: European Union Law, language: English, abstract: Third-Country Nationals (TNCs) have a distinct legal standpoint in the Treaties as part of the Area of Freedom, Security and Justice (AFSJ). Within the more general context of the often mentioned conflict between Freedom and Justice, on the one hand, and Security, on the other, one can more specifically view the TNCs’ situation as being determined by the balance between the interest of the state to maintain public security and the rights of the individual. The sociological discourse has claimed that migration is perceived as a threat to national sovereignty, a perception that should predominantly shape the “management of migration flows”. This policy has been termed a ‘securitization’ of migration. Both on the EU level and on the MS level the policy paradigm has resulted in the criminalization of irregular migration, which has been conceptualized as ‘crimmigation’ in the literature. On the EU level this has taken the form of efforts to deport migrants from the Union’s territory. This paper will focus on Directive 2008/115/EC (the Returns Directive). Besides the developments at EU level, the MSs have retained and excluded the Union’s competences from measures concerning national security. According to Article 72 TFEU, the EU may not impose measures on MSs within the AFSJ that affect “the maintenance of law and order and the safeguarding of internal security”. On this basis, several MSs have enacted additional legislation that imposes criminal sanctions on irregular migrants. This has led to conflicts before the ECJ about their compatibility with EU law. The two countries in this regard were France and Italy. The criminalization of migration in these countries is therefore of special interest to this paper. The irregular TNC thus faces a migration regime that is largely determined on the MS level but coordinated to a certain extent at the EU level. First of all this has implications for the extent of his criminalization. Within the overlap of EU and national competence in this field, to what extent can MSs impose additional sanctions on irregular migrants? Secondly this concerns the scope of Fundamental Rights. To what extent are MSs allowed to intrude on the personal liberty of the TCN in the control of migration?

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

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Author :
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.

Migrant, Refugee, Smuggler, Savior

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190668598
Total Pages : 353 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Migrant, Refugee, Smuggler, Savior by : Peter Tinti

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.

The Future of Migration to Europe

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Author :
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?

Irregular Migration in Europe

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Author :
Publisher : Routledge
ISBN 13 : 1317112814
Total Pages : 324 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Irregular Migration in Europe by : Anna Triandafyllidou

Download or read book Irregular Migration in Europe written by Anna Triandafyllidou and published by Routledge. This book was released on 2016-05-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Irregular Migration in Europe contributes to our knowledge of the scale and nature of the much discussed but under-researched phenomenon of irregular migration in Europe, whilst improving our understanding of the dynamics of irregular migration and its relation to European societies and economies. Presenting a comparative analysis of the experiences and policies of different EU member states, this book draws on an extensive range of sources, many of which have so far been absent from English-language analyses, to offer an overall picture of irregular migration in twelve EU member states. This volume will be of interest to policy makers and researchers within the fields of migration, sociology and social anthropology, political science, European integration and European studies, political science and public administration.

Illegal Immigration in Europe

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Author :
Publisher : Springer
ISBN 13 : 0230555020
Total Pages : 271 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Illegal Immigration in Europe by : F. Düvell

Download or read book Illegal Immigration in Europe written by F. Düvell and published by Springer. This book was released on 2005-12-15 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The processes of globalization, increasing human mobility and European integration have led to immigration, and in particular illegal immigration, being among the top international policy, economic and security concerns. This book analyzes the causes of illegal immigration in Europe together with the history and political economy of the phenomenon. It offers an assessment of contemporary political responses and proposes an alternative approach aiming at a more sustainable solution.

Immigration Detention, Risk and Human Rights

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Author :
Publisher : Springer
ISBN 13 : 3319246909
Total Pages : 293 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Immigration Detention, Risk and Human Rights by : Maria João Guia

Download or read book Immigration Detention, Risk and Human Rights written by Maria João Guia and published by Springer. This book was released on 2016-02-24 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

The Criminalization of Migration

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Author :
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.