Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union PDF Download
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Author: Sergio Carrera
Publisher: Routledge
ISBN: 0429515286
Category : Law
Languages : en
Pages : 270
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Book Description
This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.
Author: Sergio Carrera
Publisher: Routledge
ISBN: 0429515286
Category : Law
Languages : en
Pages : 270
Get Book Here
Book Description
This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.
Author: Sergio Carrera (Political scientist)
Publisher: Centre for European Policy Studies
ISBN: 9789461386779
Category : Administrative remedies
Languages : en
Pages : 80
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Book Description
Border control, surveillance operations and expulsion of irregular immigrants--particularly through return flights--can pose serious human rights challenges. This book, prepared by the Brussels-based think tank Centre for European Policy Studies, examines whether Europe is properly equipped to ensure effective access to remedies for alleged rights violations or possible abuses of force against immigrants and asylum seekers. It sheds light on the fragmentation of the human rights accountability regimes and shows that while the 'law on the books' may formally recognise a set of fundamental rights for immigrants and asylum seekers, the 'law in practice' does not necessarily offer adequate complaint mechanisms in many European countries. Finally, the book sets out a number of policy recommendations, paying particular attention to addressing human rights accountability issues in the context of activities undertaken by the new European Border and Coast Guard (Frontex).
Author: Ryszard Ignacy Cholewinski
Publisher: Council of Europe
ISBN: 9789287158796
Category : Political Science
Languages : en
Pages : 88
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Book Description
This publication examines the minimum level of social rights which illegal migrants are entitled to in Council of Europe countries, as well as obstacles to access. This is done in the light of the Council of Europe's concern to promote human rights, maintain social cohesion and prevent racism and xenophobia, in counterbalance to the more restrictive approach to illegal migration adopted by the EU. Topics covered are rights in relation to housing, education, social security, health, social and welfare services, fair employment conditions and residence rights.
Author: Cristina Izquierdo-Sans
Publisher: Springer Nature
ISBN: 303072798X
Category : Law
Languages : en
Pages : 298
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Book Description
This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.
Author: Sarah Spencer
Publisher: Springer Nature
ISBN: 3030343243
Category : Social Science
Languages : en
Pages : 222
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Book Description
This open access book explores the conceptual challenges posed by the presence of migrants with irregular immigration status in Europe and the evolving policy responses at European, national and municipal level. It addresses the conceptual and policy issues raised, post-entry, by this particular section of the migrant population. Drawing on evidence from different parts of Europe, the book takes the reader through philosophical and ethical dilemmas, legal and sociological analysis to questions of public policy and governance before addressing the concrete ways in which those questions are posed in current policy agendas from the international to the local level. As such this book is a valuable read to researchers, practitioners and policy makers as well as to students working on irregular migration in Europe in a comparative and/or country based perspective.
Author: Martin Baldwin-Edwards
Publisher: Amsterdam University Press
ISBN: 9085550084
Category : Law
Languages : en
Pages : 576
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Book Description
REGINE is a research project on regularisation practices in the European Union. The aim of the project is to provide a thorough mapping of practices relating to the regularisation of third country nationals illegally resident in EU Member States. Two additional non-EU countries - Switzerland and the US - will also be covered to gain insights in regularisation practices and the impact of regularisations elsewhere. In examining regularisation practices, the project also investigates the relationship of regularisation policies to the overall migration policy framework, including to protection issues and refugee policies. Moreover, the project examines the political position of different stakeholders towards regularisation policies on the national level. Finally, the project examines potential options for policies on regularisation on the European level, incorporating Member States as well as other stakeholders' views on possible instruments on the European level.
Author: Maurizio Ambrosini
Publisher: Springer Nature
ISBN: 3031308387
Category : Social Science
Languages : en
Pages : 154
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Book Description
This open access short reader provides an introduction to the theoretical debates regarding irregular migration and aims to bridge these theoretical debates to current empirical developments. It defines irregular migrants and irregular migration by discussing the wide variety of definitions and highlights the reasons for the presence of irregular immigrants in developed countries. The book provides an overview of the variation in policies regarding irregular migrants and elaborates on how irregular migration is facilitated and supported. It discusses the trends and dynamics between border enforcement, human smuggling/trafficking, and on the support irregular migrants obtain by citizens and civil society while residing in the EU. Last but not least, the book also focuses on the agency and political mobilization of irregular migrants. As such, it provides a great resource for everyone interested in learning more about irregular migration.
Author: Reginald Thomas Appleyard
Publisher: International Org. for Migration
ISBN:
Category : Political Science
Languages : en
Pages : 160
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Book Description
Includes statistics.
Author: matteo villa
Publisher: Ledizioni
ISBN: 8855262025
Category : Social Science
Languages : en
Pages : 112
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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: Rosita Di Peri
Publisher: University of Michigan Press
ISBN: 0472903160
Category : Political Science
Languages : en
Pages : 325
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Book Description
Mediterranean in Dis/order reveals the connection between space and politics by examining the role that space has played in insurgencies, conflicts, uprisings, and mobilities in the Mediterranean region. With this approach, the authors are able to challenge well-established beliefs about the power structure of the state across different disciplines (including political science, history, sociology, geography, and anthropology), and its impact on the conception, production, and imagination of space in the broader Mediterranean. Further, they contribute to particular areas of studies, such as migration, political Islam, mobilization, and transition to democracy, among others. The book, infusing critical theory, unveils original and revelatory case studies in Tunisia, Libya, Lebanon, Turkey, Syria, Morocco, and the EU Mediterranean policy, through a various set of actors and practices—from refugees and migrations policies, to Islamist or students’ movements, architectural sites, or movies. This multidisciplinary perspective on space and power provides a valuable resource for practitioners interested in how space, context, and time interact to produce institutions, political subjectivities, and asymmetries of power, particularly since the turning point of the Arab uprisings. The book also helps readers understand the conditions under which the uprisings develop, giving a clearer picture about various national, regional, and international dynamics.
