Immigration Detention In The European Union
DOWNLOAD
Download Immigration Detention In The European Union PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Immigration Detention In The European Union book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Immigration Detention In The European Union
DOWNLOAD
Author : Izabella Majcher
language : en
Publisher: Springer Nature
Release Date : 2020-03-04
Immigration Detention In The European Union written by Izabella Majcher and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-04 with Social Science categories.
This book offers a unique comparative assessment of the evolution of immigration detention systems in European Union member states since the onset of the “refugee crisis.” By applying an analytical framework premised on international human rights law in assessing domestic detention regimes, the book reveals the extent to which EU legislation has led to the adoption of laws and practices that may disregard fundamental rights and standards. While emphasizing policies and laws adopted in response to the “refugee crisis,” the volume also shows how these policies have evolved—and in many cases grown more restrictive—even as the “crisis” has begun to recede from the borders of many European countries. To sharpen awareness of contrasting developments across the region, the book’s country chapters are organised into geographic sections that reveal how variations in migration pressures have in some cases resulted in contrasting detention practices even as the EU directives have sought to harmonise immigration laws. A critical focus of the book are the evolving domestic norms related to grounds for detention, length of detention, non-custodial "alternatives to detention," the treatment of children, and conditions of detention. With its systematic and comparative assessment of immigration detention regimes across the EU, the book will be helpful for both academics and practitioners who seek a comprehensive guide to the evolution of one of today’s more important human rights dilemmas—states’ efforts to control global migration.
The European Union Returns Directive And Its Compatibility With International Human Rights Law
DOWNLOAD
Author : Izabella Majcher
language : en
Publisher: BRILL
Release Date : 2019-11-26
The European Union Returns Directive And Its Compatibility With International Human Rights Law written by Izabella Majcher and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.
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
The Securitisation Of Migration In The Eu
DOWNLOAD
Author : Gabriella Lazaridis
language : en
Publisher: Springer
Release Date : 2015-10-15
The Securitisation Of Migration In The Eu written by Gabriella Lazaridis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-15 with Political Science categories.
Since 9/11 Western states have sought to integrate 'securitisation' measures within migration regimes as asylum seekers and other migrant categories come to be seen as agents of social instability or as potential terrorists. Treating migration as a security threat has therefore increased insecurity amongst migrant and ethnic minority populations.
The Eu Migration And The Politics Of Administrative Detention
DOWNLOAD
Author : Michela Ceccorulli
language : en
Publisher: Routledge
Release Date : 2014-04-16
The Eu Migration And The Politics Of Administrative Detention written by Michela Ceccorulli and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-16 with Political Science categories.
Migration is now regarded as a security issue, both in public debate and government policies. In turn, the phenomenon of detention as a governance practice has emerged, and the developing presence of camps in Europe for migrants has given rise to a tangle of new and complex issues. This book examines the phenomenon of irregular immigration, and provides a comprehensive picture of the practices and the implications of detention of migrants within and the European Union. It analyses ‘detention’ as a tool of governance and in doing so explores several key themes: the security threat for Europe the security governance processes enacted to handle irregular immigration the forms of detention in different geographical contexts the effectiveness of the EU’s approach to the issue. The EU, Migration and the Politics of Administrative Detention will be of interest to students and scholars of the EU’s external relations, migration, human rights, European politics and security studies.
Immigration Detention Risk And Human Rights
DOWNLOAD
Author : Maria João Guia
language : en
Publisher: Springer
Release Date : 2016-02-24
Immigration Detention Risk And Human Rights written by Maria João Guia and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-24 with Law categories.
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 Human Rights Of Migrants In European Law
DOWNLOAD
Author : Cathryn Costello
language : en
Publisher: Oxford University Press
Release Date : 2016
The Human Rights Of Migrants In European Law written by Cathryn Costello and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
Judicial Review Of Immigration Detention In The Uk Us And Eu
DOWNLOAD
Author : Justine N Stefanelli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-23
Judicial Review Of Immigration Detention In The Uk Us And Eu written by Justine N Stefanelli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-23 with Law categories.
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.
The Criminalisation Of Migration In Europe
DOWNLOAD
Author : Valsamis Mitsilegas
language : en
Publisher: Springer
Release Date : 2014-10-31
The Criminalisation Of Migration In Europe written by Valsamis Mitsilegas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-31 with Law categories.
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.
Challenging Immigration Detention
DOWNLOAD
Author : Michael J. Flynn
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-09-29
Challenging Immigration Detention written by Michael J. Flynn and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-29 with Alien detention centers categories.
Immigration detention is an important global phenomenon increasingly practiced by states across the world in which human rights violations are commonplace. Challenging Immigration Detention introduces readers to various disciplines that have addressed immigration detention in recent years and how these experts have sought to challenge underlying causes and justifications for detention regimes. Contributors provide an overview of the key issues addressed in their disciplines, discuss key points of contention, and seek out linkages and interactions with experts from other fields.
Immigration Detention And Human Rights
DOWNLOAD
Author : Galina Cornelisse
language : en
Publisher: BRILL
Release Date : 2010-03-08
Immigration Detention And Human Rights written by Galina Cornelisse and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-08 with Law categories.
Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.