The Criminalisation Of Migration In Europe
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The Criminalisation Of Migration In Europe
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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.
The Criminalisation Of Irregular Migration In Europe
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Author : Matilde Rosina
language : en
Publisher: Palgrave Macmillan
Release Date : 2023-03-20
The Criminalisation Of Irregular Migration In Europe written by Matilde Rosina and has been published by Palgrave Macmillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-20 with Political Science categories.
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.
Immigration And Criminal Law In The European Union
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Author : Elspeth Guild
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2006
Immigration And Criminal Law In The European Union 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 2006 with Law categories.
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.
Causes And Consequences Of Migrant Criminalization
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Author : Neža Kogovšek Šalamon
language : en
Publisher: Springer Nature
Release Date : 2020-07-01
Causes And Consequences Of Migrant Criminalization written by Neža Kogovšek Šalamon and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-01 with Law categories.
The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naïve, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights. The book presents individual national analyses to reveal an emerging trend of “crimmigration” regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia. As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.
Irregular Migration And Human Rights
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Author : Barbara Bogusz
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2004-01-01
Irregular Migration And Human Rights written by Barbara Bogusz 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 2004-01-01 with Political Science categories.
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.
The Criminalization Of Migration
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Author : Idil Atak
language : en
Publisher: McGill-Queen's University Press
Release Date : 2018
The Criminalization Of Migration written by Idil Atak and has been published by McGill-Queen's University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
A comprehensive, interdisciplinary, and comparative evaluation of the criminalization of migration both within Canada and abroad.
Securitising Asylum Flows
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Author : Valsamis Mitsilegas
language : en
Publisher: BRILL
Release Date : 2020-04-20
Securitising Asylum Flows written by Valsamis Mitsilegas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-20 with Law categories.
Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.
The Criminalisation Of Irregular Migration In Europe
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Author : Matilde Rosina
language : en
Publisher: Springer Nature
Release Date : 2022-03-05
The Criminalisation Of Irregular Migration In Europe written by Matilde Rosina and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-05 with Political Science categories.
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.
Migrant Smuggling And The Criminalisation Of Migration In The Eu
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Author : Federico Alagna
language : en
Publisher: Springer Nature
Release Date : 2024-09-12
Migrant Smuggling And The Criminalisation Of Migration In The Eu written by Federico Alagna and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-12 with Political Science categories.
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.
The Irregularization Of Migration In Contemporary Europe
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Author : Yolande Jansen
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2014-12-12
The Irregularization Of Migration In Contemporary Europe written by Yolande Jansen and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-12 with Political Science categories.
Working from an interdisciplinary perspective that draws on the social sciences, legal studies, and the humanities, this book investigates the causes and effects of the extremities experienced by migrants. Firstly, the volume analyses the development and political-cultural conditions of current practices and discourses of “bordering,” “illegality,” and “irregularization.” Secondly, it focuses on the varieties of irregularization and on the diversity of the fields, techniques and effects involved in this variegation. Thirdly, the book examines examples of resistance that migrants and migratory cultures have developed in order to deal with the predicaments they face. The book uses the European Union as its case study, exploring practices and discourses of bordering, border control, and migration regulation. But the significance of this field extends well beyond the European context as the monitoring of Europe’s borders increasingly takes place on a global scale and reflects an internationally increasing trend.