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Crimmigration Law In The European Union

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Crimmigration Law In The European Union

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Author : J. R. K. A. M. Waasdorp
language : en
Publisher:
Release Date : 2017

Crimmigration Law In The European Union written by J. R. K. A. M. Waasdorp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.

Crimmigration Law In The European Union The Return Directive And The Entry Ban

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Author : Aniel Pahladsingh
language : en
Publisher:
Release Date : 2016

Crimmigration Law In The European Union The Return Directive And The Entry Ban written by Aniel Pahladsingh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Deportation categories.

In the European Union the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. An entry ban prohibits entry into and stay on the territory of all EU Member States (except the United Kingdom and Ireland) and Switzerland, Norway, Iceland and Liechtenstein. This instrument is intended to have preventive effects and to foster the credibility of EU return policy. The clear message is that those who disregard migration rules in the Member States will not be allowed to re-enter any Member State for a specified period. Furthermore, the entry ban is an instrument which can be used to prevent or to counter terrorism. The use of criminal sanctions in the area of immigration opens the largely political debate on the legitimacy of the process of criminalizing foreigners. The merger between criminal law and immigration law has been classified as "crimmigration law". The entry ban falls within the scope of crimmigration law. The relation between immigration law and criminal law and the compatibility of national penal measures imposed as a punishment for illegal migration is developed in the case law of the Court of Justice of the European Union. There is a well-established jurisprudence on the interplay between domestic penal sanctions and the effectiveness of return policy. The effectiveness of the return process would be compromised by the application of a criminal penalty for violating the entry ban, because the primary objective of the Directive is not to prevent illegal presence in the territory but rather to put an end to it. The current issue is to determine to what extent the use of criminal sanctions by Member States is allowed in the situation that an entry ban is issued against an illegally staying third-country national. This research focuses on this issue.

Controlling Immigration Through Criminal Law

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Author : Gian Luigi Gatta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-14

Controlling Immigration Through Criminal Law written by Gian Luigi Gatta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-14 with Law categories.

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.

Crimmigration And The Return Directive

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Author : Aniel Pahladsingh
language : en
Publisher: Eleven International Publishing
Release Date : 2023-07-10

Crimmigration And The Return Directive written by Aniel Pahladsingh and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-10 with Deportation categories.

The EU Return Directive lays down minimum standards and procedures concerning the return of third-country nationals (non-EU nationals) illegally residing in a member state. To actually effectuate their return, the Return Directive provides for several instruments, such as the return decision, the entry ban and the possibility of detention. In this study, the author has researched the merger of criminal law with immigration law, known as the crimmigration phenomenon, in relation to the EU Return Directive. He has systematically assessed whether these EU instruments apply to the enforcement of these return rules and if they meet return policy or require adaptation in the light of primary and secondary EU law and the European Convention on Human Rights. In Crimmigration and the Return Directive crimmigration is explored from mainly three perspectives: the balance between the effective measures and the fundamental rights of the migrant, the legitimacy of criminal sanctions and the legal position of the migrant. EU Return Directive plays an important role in the enforcement of the EU return provisions that are based on criminal and semi-criminal rules. Member states are obligated to respect the fundamental rights of the illegal third-country national. However, there are two serious bottlenecks regarding the application of the current Return Directive: the fundamental rights protection for illegal third-country nationals is not fully developed, and criminal law safeguards and principles have a limited role. The research outcomes aim to benefit the primary actors involved with the Return Directive: the judiciary (CJEU, ECtHR and national courts), the Union legislature, the national legislatures and national authorities, advocacy, NGOs and the migrant.

Asylum Law In The European Union

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Author : Francesco Cherubini
language : en
Publisher: Routledge
Release Date : 2014-11-13

Asylum Law In The European Union written by Francesco Cherubini and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-13 with Law categories.

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

Immigration Law In The European Community

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Author : Elspeth Guild
language : en
Publisher: BRILL
Release Date : 2021-10-18

Immigration Law In The European Community written by Elspeth Guild and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.

Immigration law continues to be an issue of substantial interest in the European Union. The institutions and the Member States are formulating the type of immigration law which the Union will have following the substantial move of competence in the field from Member State level to the Union with the amendments to the EC Treaty introduced by the Treaty of Amsterdam in 1999. This is a particularly important period within which to take stock of the existing immigration law of the European Union and how it has been developed. In order to understand the current law and lay the foundations for the future, a historical analysis of the development of European Union immigration law is needed. This volume charts the development of European Community immigration law from the conclusion of the EEC Treaty to the present day, first focussing on the development of the law relating to Community nationals and their third country national dependents, then looking at the extension of Community immigration law to third country nationals through agreements between their states of origin and the EC. Special attention is given to the rights of Turkish workers under the agreement between Turkey and the EC and the possibilities of residence and economic activity for nationals of the Central and Eastern European countries under the Europe Agreements. The centre of analysis of this book is the individual migrant: what are the rights and duties of the individual and what is his or her relationship of rights on the one hand with the Member State and on the other hand with the European Community? This book examines the structure and content of European Community immigration law from the perspective of the individual most closely affected by that law.

Eu Immigration And Asylum Law Text And Commentary Second Revised Edition

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Author : Steve Peers
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-07-25

Eu Immigration And Asylum Law Text And Commentary Second Revised Edition written by Steve Peers and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-25 with Law categories.

Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law.

Eu Immigration And Asylum Law Text And Commentary Second Revised Edition

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Author : Steve Peers
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-07-25

The First Decade Of Eu Migration And Asylum Law

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Author : Elspeth Guild
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-11-25

The First Decade Of Eu Migration And Asylum Law written by Elspeth Guild and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-25 with Law categories.

More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary. The journal itself is the basis for the book: authors who have written the most significant contributions for the journal on the relevant issues to the Area of Freedom Security and Justice (AFSJ) have revised and updated their articles in light of current developments. These are supplemented with new chapters on issues which have turned out to be particularly important to the development of the field. The success of the journal has demonstrated the need for informed, independent academic research on the changing nature of immigration and asylum in Europe, and this volume too seeks to meet that need. It offers a unqiue and lively collection of essays covering the field of EU immigration and asylum law from a variety of perspectives.

The Civic Citizens Of Europe

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Author : Moritz Jesse
language : en
Publisher: BRILL
Release Date : 2016-10-27

The Civic Citizens Of Europe written by Moritz Jesse and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-27 with Law categories.

In this work Moritz Jesse analyses the legal framework within which inclusion of immigrants into the receiving societies can take place. The inclusion of immigrants cannot be enforced by law. However, legislation must provide the room within which integration can take place legally. By studying residence titles, procedures and other sources in a comparative and critical way, Jesse wants to discover whether the legal potential for integration in the EU and the three Member States is sufficient for the inclusion of immigrants.

Crimmigration Law In The European Union

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