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 : 257 pages
Book Rating : 4.4/5 (295 download)

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

Download or read book Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union written by Sergio Carrera and published by Routledge. This book was released on 2020-02-25 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

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).

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

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

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

Download or read book The European Union Returns Directive and its Compatibility with International Human Rights Law written by Izabella Majcher and published by BRILL. This book was released on 2019-11-26 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France

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.

Irregular Migration And Human Rights

Author : Barbara Bogusz
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.

Fundamental Rights of Migrants in an Irregular Situation in the European Union

Author : European Union. European Union Agency for Fundamental Rights
Publisher :
ISBN 13 : 9789291927067
Total Pages : 105 pages
Book Rating : 4.9/5 (27 download)

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Book Synopsis Fundamental Rights of Migrants in an Irregular Situation in the European Union by : European Union. European Union Agency for Fundamental Rights

Download or read book Fundamental Rights of Migrants in an Irregular Situation in the European Union written by European Union. European Union Agency for Fundamental Rights and published by . This book was released on 2011 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: Securing the fundamental rights of migrants in an irregular situation - those who do not fulfil conditions for entry, stay or residence in a EU Member State - remains a challenge. Such migrants are at high risk of exploitation in the labour market, often filling market gaps by working at dangerous, dirty or degrading jobs. Their housing situation can be precarious. Their right to healthcare is unevenly protected; their children's right to education remains unclear. While EU Member States have a right to control immigration, non-compliance with migration regulations cannot deprive migrants in an irregular situation of certain basic rights to which they are entitled as human beings. This FRA report examines the legal and practical challenges facing EU Member States as they strive to guarantee such migrants' fundamental rights and proposes ways to incorporate those rights into the policies, laws and administrative practices that affect migrants in irregular situations.

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.

The Criminalisation of Migration in Europe

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

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

Download or read book The Criminalisation of Migration in Europe written by Valsamis Mitsilegas and published by Springer. This book was released on 2014-10-31 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.

The Refugee Surge in Europe

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

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

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

The Future of Migration to Europe

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

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

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

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.

Fundamental Rights of Migrants in an Irregular Situation in the European Union

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (123 download)

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Book Synopsis Fundamental Rights of Migrants in an Irregular Situation in the European Union by :

Download or read book Fundamental Rights of Migrants in an Irregular Situation in the European Union written by and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.