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Author: Frank McNamara
Publisher:
ISBN:
Category : Asylum, Right of
Languages : en
Pages : 233
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Book Description
This research considers State control and legal responsibility for the violation of migrant’s fundamental rights at the hands of privatised or externalised procedures of European Union (EU) Member State migration control and border management. The assertion is made that a migrant’s access to justice can be frustrated based on who (privatisation) it is that is implementing the procedure or because of where (externalisation) it is being implemented. Access to justice is frustrated by the failure of a court to overcome certain key preliminary issues which must be established before the merits of the case - the alleged rights violation - can be considered. These preliminary issues therefore represent triggers for greater consideration of State legal responsibility. Privatisation’s trigger is a court’s potential application of a narrow reading of the State such that a private actor is deemed to be liable for rights violations arising out of the implementation of a procedure. This decision can be made even when the State holds a significant amount of control and authority over the implementation of the procedure in question. Externalisation’s trigger is that a court may pursue a restrictive reading of extraterritorial jurisdiction such that the State is not interpreted as having engaged its jurisdiction and as a result that court will not consider the alleged violations and thus legal responsibility will not be established. The State’s exercise of 'compulsory powers', the use of physical force in the implementation of a migration control and border management procedure, has been relied upon as the indicator as to whether legal responsibility should be triggered for the State. This research argues that the exercise of compulsory powers is an arbitrary tool by which to decide legal responsibility and results in the neglect of other, more subtle indicators that State legal responsibility should be established. In the absence of a silver bullet resolution to the challenges posed by the triggers of legal responsibility for both externalisation and privatisation, doctrinal solutions are proposed. These solutions enable the courts to provide easier access to justice for migrants and better reflect State legal responsibility for the State’s exercise of control.
Author: Frank McNamara
Publisher:
ISBN:
Category : Asylum, Right of
Languages : en
Pages : 233
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Book Description
This research considers State control and legal responsibility for the violation of migrant’s fundamental rights at the hands of privatised or externalised procedures of European Union (EU) Member State migration control and border management. The assertion is made that a migrant’s access to justice can be frustrated based on who (privatisation) it is that is implementing the procedure or because of where (externalisation) it is being implemented. Access to justice is frustrated by the failure of a court to overcome certain key preliminary issues which must be established before the merits of the case - the alleged rights violation - can be considered. These preliminary issues therefore represent triggers for greater consideration of State legal responsibility. Privatisation’s trigger is a court’s potential application of a narrow reading of the State such that a private actor is deemed to be liable for rights violations arising out of the implementation of a procedure. This decision can be made even when the State holds a significant amount of control and authority over the implementation of the procedure in question. Externalisation’s trigger is that a court may pursue a restrictive reading of extraterritorial jurisdiction such that the State is not interpreted as having engaged its jurisdiction and as a result that court will not consider the alleged violations and thus legal responsibility will not be established. The State’s exercise of 'compulsory powers', the use of physical force in the implementation of a migration control and border management procedure, has been relied upon as the indicator as to whether legal responsibility should be triggered for the State. This research argues that the exercise of compulsory powers is an arbitrary tool by which to decide legal responsibility and results in the neglect of other, more subtle indicators that State legal responsibility should be established. In the absence of a silver bullet resolution to the challenges posed by the triggers of legal responsibility for both externalisation and privatisation, doctrinal solutions are proposed. These solutions enable the courts to provide easier access to justice for migrants and better reflect State legal responsibility for the State’s exercise of control.
Author: Markus Kotzur
Publisher: Nomos Verlag
ISBN: 3845298375
Category : Law
Languages : en
Pages : 354
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Book Description
Der vorliegende Band geht zurück auf eine internationale Summer School zum Migrations-, Asyl- und Flüchtlingsrecht in Barcelona. Im Sinne eines intergenerationellen wissenschaftlichen Austausches kommen Studierende, Nachwuchswissenschaftler*innen und arrivierte Expertinnen ins disziplinübergreifende Gespräch zu migrationsrechtlichen respektive migrationspolitischen Grundsatzfragen, die seit der Flüchtlingsschutzkrise des Jahres 2015 virulenter denn je geworden sind. Europa-, menschen- und völkerrechtliche Aspekte werden um nationalstaatliche Perspektiven aus Belgien, Bulgarien, der Bundesrepublik Deutschland, Italien, Spanien, der Türkei und dem Vereinigten Königreich ergänzt. Mit Beiträgen von Claudia Candelmo, Carmine Conte, Francisco Javier Donaire Villa, Arolda Elbasani, Leonard Amaru Feil, Francesco Luigi Gatta, Chad Heimrich, Markus Kotzur, Annalisa Morticelli, David Moya, Claudia Pretto, Andrea Romano, David Fernandez Rojo, Senada Šelo Šabić, Valentina Savazzi, Ülkü Sezgi Sözen und Catharina Ziebritzki.
Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1801176647
Category : Social Science
Languages : en
Pages : 123
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Book Description
This special issue is the second of a two-part edited collection on the privatisation of migration. The central thrust of the special issue is a critical analysis of modern day manifestations of private participation in immigration control.
Author: Daniel Ghezelbash
Publisher: Cambridge University Press
ISBN: 1108425259
Category : Law
Languages : en
Pages : 227
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Book Description
As more restrictive asylum policies are adopted around the world, Ghezelbash explores the implications for the international refugee protection regime.
Author: matteo villa
Publisher: Ledizioni
ISBN: 8855262025
Category : Political Science
Languages : en
Pages : 106
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Book Description
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?
Author: Alexander Betts
Publisher: OUP Oxford
ISBN: 0191616745
Category : Law
Languages : en
Pages : 368
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Book Description
Unlike many other trans-boundary policy areas, international migration lacks coherent global governance. There is no UN migration organization and states have signed relatively few multilateral treaties on migration. Instead sovereign states generally decide their own immigration policies. However, given the growing politicisation of migration and the recognition that states cannot always address migration in isolation from one another, a debate has emerged about what type of international institutions and cooperation are required to meet the challenges of international migration. Until now, though, that emerging debate on global migration governance has lacked a clear analytical understanding of what global migration governance actually is, the politics underlying it, and the basis on which we can make claims about what 'better' migration governance might look like. In order to address this gap, the book brings together a group of the world's leading experts on migration to consider the global governance of different aspects of migration. The chapters offer an accessible introduction to the global governance of low-skilled labour migration, high-skilled labour migration, irregular migration, lifestyle migration, international travel, refugees, internally displaced persons, human trafficking and smuggling, diaspora, remittances, and root causes. Each of the chapters explores the three same broad questions: What, institutionally, is the global governance of migration in that area? Why, politically, does that type of governance exist? How, normatively, can we ground claims about the type of global governance that should exist in that area? Collectively, the chapters enhance our understanding of the international politics of migration and set out a vision for international cooperation on migration.
Author: Jasmin Lilian Diab
Publisher: Anchor Academic Publishing
ISBN: 3960677227
Category : Law
Languages : en
Pages :
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Book Description
This book looks into the sexual assault of irregular/illegal immigrant women and girls throughout their arrival to the European Union borders and borderlands between the period of 2011 and 2018, through an Intersectional lens. It intends to analyze this sensitive human rights issue through grasping the cultural obstacles and procedures at European borders which have fueled the violation of this fragile migrant group’s human rights, while also supporting this argument with academic research, statistical data and reports on irregular migration from international and regional organizations, security mechanisms at borders, and statistics on sexual abuse and exploitation during the aforementioned period. It intends to explore the manner in which several factors and developments at European borders and in the borderlands have resulted in a more dangerous migration journey for these women and girls, as well as the manner in which these developments further perpetuate the likelihood of sexual violence of migrants, and female migrants in particular. This book aims to comprehend the linkages between academic research and the supporting statistical information through the lens of Intersectionality Theory – a theory which will allow for the issue to be tackled across its different layers and across all the intersections and overlaps these layers create. This book highlights multiple instances of sexual violence throughout the journey, and upon arrival of these migrant women and girls to the European borders and borderlands, and subsequently emphasizes that these events further perpetuate the vulnerability to sexual assault for irregular migrant women due to the very “illegal” nature of their journeys. Through this lens, this process is examined across: power dynamics, security, legal status, and gender. Through examining these realities and power systems, it becomes evident that this particularly vulnerable group of women and girls from developing countries escaping war, economic burdens and conflict, are ostracized and subordinated in a number of interconnected patterns. This book highlights a need for more gender-sensitive policies because the group of women in question has close to no viable resource for justice within a system that currently acts against them and views them as criminal or “illegal”.
Author: Margit Fauser
Publisher: Routledge
ISBN: 1000343979
Category : Social Science
Languages : en
Pages : 188
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Book Description
Migrations and Border Processes: Practices and Politics of Belonging and Exclusion in Europe from the Nineteenth to the Twenty-First Century brings together scholars from history, sociology and anthropology to explore cross-boundary mobility and migration during the formation, development, and transformation of the modern (nation-)state explicating the conflictive and fluctuating character of borders. Current media images of a "fortress Europe" suggest that migrations and borders are closely connected. The historical perspective demonstrates that such bordering processes are not new. However, they have developed new dynamics in different historical phases, from the formation of the modern (nation-)state in the nineteenth century to the creation of the European Union during the second half of the twentieth century. This book explains the dynamic relationships between borders and migratory movements in Europe from the nineteenth century to the present by approaching them from four different, overlapping angles: (1) the multiple actors involved, (2) scales and places of borders and their crossings, (3) the instruments and techniques employed and (4) the significance of social categories. Focusing on the historical, local specificity of the complex relations between migrations and boundaries will help denaturalize the concept of the border as well as further reflection on the shifting definitions of migration and belonging. The chapters in this book were originally published as a special issue of the Journal of Borderlands Studies.
Author: Valsamis Mitsilegas
Publisher: Springer
ISBN: 331912658X
Category : Law
Languages : en
Pages : 117
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Book Description
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.
Author: Evangelia Tsourdi
Publisher: Edward Elgar Publishing
ISBN: 1786439638
Category : Law
Languages : en
Pages : 543
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Book Description
This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.
