Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
ISBN: 9004150641
Category : Law
Languages : en
Pages : 432
Book Description
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.
Immigration And Criminal Law in the European Union
Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
ISBN: 9004150641
Category : Law
Languages : en
Pages : 432
Book Description
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.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004150641
Category : Law
Languages : en
Pages : 432
Book Description
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.
The Criminalisation of Migration in Europe
Author: Valsamis Mitsilegas
Publisher: Springer
ISBN: 331912658X
Category : Law
Languages : en
Pages : 117
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.
Publisher: Springer
ISBN: 331912658X
Category : Law
Languages : en
Pages : 117
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.
Immigration Law in the European Community
Author: Elspeth Guild
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 396
Book Description
Includes statistics.
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 396
Book Description
Includes statistics.
Fortress Europe
Author: Matthew Carr
Publisher: New Press, The
ISBN: 1620972336
Category : Social Science
Languages : en
Pages : 321
Book Description
Singled out by Foreign Affairs for its reporting on “the brutal frontiers of new Europe,” Fortress Europe is the story of how the world's most affluent region—and history's greatest experiment with globalization—has become an immigration war zone, where tens of thousands have died in a humanitarian crisis that has galvanized the world's attention. Journalist Matthew Carr brings to life remarkable human dramas, based on ex- tensive interviews and firsthand reporting from the hot zones of Europe's immigration battles, in a narrative that moves from the desperate immigrant camps at the mouth of the Channel Tunnel in Calais, France, to the chaotic Mediterranean sea, where African migrants have drowned by the thousands. Speaking with key European policy makers, police, soldiers on the front lines, immigrant rights activists, and an astonishing range of migrants themselves, Carr offers a lucid account both of the broad issues at stake in the crisis and its exorbitant human costs. The paperback edition includes a new afterword by the author, which offers an up-to-the-minute assessment of the 2015 crisis and a searing critique of Europe's response to the new waves of refugees.
Publisher: New Press, The
ISBN: 1620972336
Category : Social Science
Languages : en
Pages : 321
Book Description
Singled out by Foreign Affairs for its reporting on “the brutal frontiers of new Europe,” Fortress Europe is the story of how the world's most affluent region—and history's greatest experiment with globalization—has become an immigration war zone, where tens of thousands have died in a humanitarian crisis that has galvanized the world's attention. Journalist Matthew Carr brings to life remarkable human dramas, based on ex- tensive interviews and firsthand reporting from the hot zones of Europe's immigration battles, in a narrative that moves from the desperate immigrant camps at the mouth of the Channel Tunnel in Calais, France, to the chaotic Mediterranean sea, where African migrants have drowned by the thousands. Speaking with key European policy makers, police, soldiers on the front lines, immigrant rights activists, and an astonishing range of migrants themselves, Carr offers a lucid account both of the broad issues at stake in the crisis and its exorbitant human costs. The paperback edition includes a new afterword by the author, which offers an up-to-the-minute assessment of the 2015 crisis and a searing critique of Europe's response to the new waves of refugees.
The Fight Against Impunity in EU Law
Author: Luisa Marin
Publisher: Bloomsbury Publishing
ISBN: 1509926895
Category : Law
Languages : en
Pages : 387
Book Description
The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
Publisher: Bloomsbury Publishing
ISBN: 1509926895
Category : Law
Languages : en
Pages : 387
Book Description
The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
Author: Madalina Moraru
Publisher: Bloomsbury Publishing
ISBN: 1509922962
Category : Law
Languages : en
Pages : 543
Book Description
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Publisher: Bloomsbury Publishing
ISBN: 1509922962
Category : Law
Languages : en
Pages : 543
Book Description
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Controlling Immigration Through Criminal Law
Author: Gian Luigi Gatta
Publisher: Bloomsbury Publishing
ISBN: 1509933948
Category : Law
Languages : en
Pages : 305
Book Description
This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.
Publisher: Bloomsbury Publishing
ISBN: 1509933948
Category : Law
Languages : en
Pages : 305
Book Description
This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.
National Courts and EU Law
Author: Bruno de Witte
Publisher: Edward Elgar Publishing
ISBN: 1783479906
Category : Law
Languages : en
Pages : 280
Book Description
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
Publisher: Edward Elgar Publishing
ISBN: 1783479906
Category : Law
Languages : en
Pages : 280
Book Description
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
EU Justice and Home Affairs Law
Author: Steve Peers
Publisher: Oxford University Press
ISBN: 0199659974
Category : Law
Languages : en
Pages : 1104
Book Description
Steve Peers examines the institutions of justice and home affairs policy formulation and implementation within the EU. The author discusses the ways in which these institutions have intervened in cases of crime, corruption and immigration.
Publisher: Oxford University Press
ISBN: 0199659974
Category : Law
Languages : en
Pages : 1104
Book Description
Steve Peers examines the institutions of justice and home affairs policy formulation and implementation within the EU. The author discusses the ways in which these institutions have intervened in cases of crime, corruption and immigration.
Research Handbook on EU Criminal Law
Author: Valsamis Mitsilegas
Publisher: Edward Elgar Publishing
ISBN: 1783473312
Category : Law
Languages : en
Pages : 659
Book Description
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
Publisher: Edward Elgar Publishing
ISBN: 1783473312
Category : Law
Languages : en
Pages : 659
Book Description
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work