The Criminalisation of Migration in Europe PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Criminalisation of Migration in Europe PDF full book. Access full book title The Criminalisation of Migration in Europe by Valsamis Mitsilegas. Download full books in PDF and EPUB format.
Author: Valsamis Mitsilegas
Publisher: Springer
ISBN: 331912658X
Category : Law
Languages : en
Pages : 117
Get Book Here
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: Valsamis Mitsilegas
Publisher: Springer
ISBN: 331912658X
Category : Law
Languages : en
Pages : 117
Get Book Here
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: Matilde Rosina
Publisher: Springer Nature
ISBN: 3030903478
Category : Political Science
Languages : en
Pages : 350
Get Book Here
Book Description
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.
Author: Idil Atak
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773555641
Category : Political Science
Languages : en
Pages : 441
Get Book Here
Book Description
With over 240 million migrants in the world, including over 65 million forced migrants and refugees, states have turned to draconian measures to stem the flow of irregular migration, including the criminalization of migration itself. Canada, perceived as a nation of immigrants and touted as one of the most generous countries in the world today for its reception of refugees, has not been immune from these practices. This book examines "crimmigration" – the criminalization of migration – from national and comparative perspectives, drawing attention to the increasing use of criminal law measures, public policies, and practices that stigmatize or diminish the rights of forced migrants and refugees within a dominant public discourse that not only stereotypes and criminalizes but marginalizes forced migrants. Leading researchers, legal scholars, and practitioners provide in-depth analyses of theoretical concerns, legal and public policy dimensions, historic migration crises, and the current dynamics and future prospects of crimmigration. The editors situate each chapter within the existing migration literature and outline a way forward for the decriminalization of migration through the vigorous promotion and advancement of human rights. Building on recent legal, policy, academic, and advocacy initiatives, The Criminalization of Migration maps how the predominant trend toward the criminalization of migration in Canada and abroad can be reversed for the benefit of all, especially those forced to migrate for the protection of their inherent human rights and dignity.
Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
ISBN: 9004150641
Category : Law
Languages : en
Pages : 432
Get Book Here
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.
Author: Vladislava Stoyanova
Publisher: Cambridge University Press
ISBN: 1316510719
Category : History
Languages : en
Pages : 409
Get Book Here
Book Description
Identifies paths for legal resilience against restrictions of migrants' rights introduced by the forces of authoritarian populism.
Author: Neža Kogovšek Šalamon
Publisher: Springer Nature
ISBN: 3030437329
Category : Law
Languages : en
Pages : 302
Get Book Here
Book Description
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.
Author: Maciej Duszczyk
Publisher: Routledge
ISBN: 0429558767
Category : Political Science
Languages : en
Pages : 224
Get Book Here
Book Description
Written from a pan-European perspective, this book examines the decision-making processes in immigration and integration policies in Europe across decades, focusing on several key moments of Europe’s postwar history. The analysis of factors taken into consideration by states in key moments of immigration policy (re)formulation shows that Europe is moving away from rational, economic arguments towards more political ones. This book contributes to the theoretical and practical debate regarding immigration and integration policies by arguing that – contrary to assumptions – immigration policy should not be treated as having precedence before integration policy. It also reflects on the growing anti-immigration sentiments as well as the securitisation and criminalisation of migration issues that are fuelled by right-wing politics. This book will be of key interest both to students and scholars of migration, the European Union, European integration, social policy, public policy, international relations, European studies, law, economics, sociology and to professionals, policy-makers, think tanks and associations in NGOs, the EU and other IOs. The Open Access version of this book, available at: https://www.taylorfrancis.com/books/e/9780429263736, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Francesco Fasani
Publisher: Cambridge University Press
ISBN: 1108494552
Category : Business & Economics
Languages : en
Pages : 219
Get Book Here
Book Description
The supposed link between immigration and crime is a highly contentious issue. This innovative book examines the evidence.
Author: Yolande Jansen
Publisher: Rowman & Littlefield
ISBN: 1783481714
Category : Political Science
Languages : en
Pages : 264
Get Book Here
Book Description
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.
Author: Peter Tinti
Publisher: Oxford University Press
ISBN: 0190668598
Category : Political Science
Languages : en
Pages : 353
Get Book Here
Book Description
When states, charities, and NGOs either ignore or are overwhelmed by movement of people on a vast scale, criminal networks step into the breach. This book explains what happens next.
