Transparency And Proportionality In The Schengen Information System And Border Control Co Operation
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Transparency And Proportionality In The Schengen Information System And Border Control Co Operation
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Author : Stephen Karanja
language : en
Publisher: BRILL
Release Date : 2008-01-31
Transparency And Proportionality In The Schengen Information System And Border Control Co Operation written by Stephen Karanja and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-31 with Law categories.
This volume offers an evaluation of the Schengen Information System and border control co-operation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned.
Transparency And Proportionality In The Schengen Information System And Border Control Co Operation
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Author : Stephen Kabera Karanja
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2008
Transparency And Proportionality In The Schengen Information System And Border Control Co Operation written by Stephen Kabera Karanja 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 2008 with Political Science categories.
This volume offers an evaluation of the Schengen Information System and border control co-operation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned.
Enhancing Law Enforcement Cooperation And Border Control
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Author : Great Britain. Parliament. House of Commons. European Scrutiny Committee
language : en
Publisher:
Release Date : 2017
Enhancing Law Enforcement Cooperation And Border Control written by Great Britain. Parliament. House of Commons. European Scrutiny Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with International travel regulations categories.
The European Union Returns Directive And Its Compatibility With International Human Rights Law
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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 Margins Of Discretion In Transnational Administrative Acts
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Author : Kathrin Hamenstädt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-05
The Margins Of Discretion In Transnational Administrative Acts written by Kathrin Hamenstädt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-05 with Law categories.
This book analyses the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens. The book begins with a vertical perspective, focusing on the effects of European standards on the law of expulsion and entry bans in Germany and the Netherlands, and the law regulating deportation from the United Kingdom. It explores how these countries use their margin of discretion, granted by European law, to solve the societal, political and legal challenges that are posed by delinquent foreigners. Moreover, it highlights the similarities, convergences and differences between these countries' approaches to the topic. Subsequently, the book adopts a horizontal perspective by focusing on the effects of national decisions on other states, thereby addressing transnational administrative acts. National expulsion decisions and entry bans can be given effect throughout European countries, with the consequence that other states are in principle obliged to enforce them by refusing foreigners access to their territory. This obligation arises despite the fact that expulsion decisions and entry bans are adopted on the basis of diverging national provisions. Even though the margin of discretion of national decision makers has already been limited, the remaining differences call for further recommendations, which are put forward in this book.
Policing Global Regions
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Author : Saskia Maria Hufnagel
language : en
Publisher: Routledge
Release Date : 2021-01-26
Policing Global Regions written by Saskia Maria Hufnagel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-26 with Law categories.
This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.
Immigration And Privacy In The Law Of The European Union
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Author : Niovi Vavoula
language : en
Publisher: BRILL
Release Date : 2022-09-12
Immigration And Privacy In The Law Of The European Union written by Niovi Vavoula and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-12 with Law categories.
Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.
The Role Of The State In Migration Control
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Author : Aoife McMahon
language : en
Publisher: BRILL
Release Date : 2016-11-21
The Role Of The State In Migration Control written by Aoife McMahon and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-21 with Law categories.
This research questions the seemingly ossified premise that states have an absolute discretion to control international migration. Applying Max Weber’s theories of legitimacy, it determines that while states have certain traditionally legitimate functions, migration control, as distinct from the determination of citizenship, is not one such function. Measures of migration control must thus be justified on a rational-legal basis, that is, on a minimal evidential basis. Acknowledging the many obstacles states face in carrying out this legitimising exercise, it is suggested that a supranational approach at the regional level is the most sustainable long-term model, with an ultimate aim of achieving inter-regional cooperation on migration management on the basis of equality between regions.
Data Protection Migration And Border Control
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Author : Teresa Quintel
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-11-17
Data Protection Migration And Border Control written by Teresa Quintel and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-17 with Law categories.
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.
Privacy And Data Protection Issues Of Biometric Applications
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Author : Els J. Kindt
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-05
Privacy And Data Protection Issues Of Biometric Applications written by Els J. Kindt and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-05 with Law categories.
This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources.