Download or read book Immigration and Criminal Law in the European Union written by Elspeth Guild and published by BRILL. This book was released on 2006-05-29 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Controlling Immigration Through Criminal Law written by Gian Luigi Gatta and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Crimmigration Law in the European Union written by Aniel Pahladsingh and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. An entry ban prohibits entry into and stay on the territory of all EU Member States (except the United Kingdom and Ireland) and Switzerland, Norway, Iceland and Liechtenstein. This instrument is intended to have preventive effects and to foster the credibility of EU return policy. The clear message is that those who disregard migration rules in the Member States will not be allowed to re-enter any Member State for a specified period. Furthermore, the entry ban is an instrument which can be used to prevent or to counter terrorism. The use of criminal sanctions in the area of immigration opens the largely political debate on the legitimacy of the process of criminalizing foreigners. The merger between criminal law and immigration law has been classified as "crimmigration law". The entry ban falls within the scope of crimmigration law. The relation between immigration law and criminal law and the compatibility of national penal measures imposed as a punishment for illegal migration is developed in the case law of the Court of Justice of the European Union. There is a well-established jurisprudence on the interplay between domestic penal sanctions and the effectiveness of return policy. The effectiveness of the return process would be compromised by the application of a criminal penalty for violating the entry ban, because the primary objective of the Directive is not to prevent illegal presence in the territory but rather to put an end to it. The current issue is to determine to what extent the use of criminal sanctions by Member States is allowed in the situation that an entry ban is issued against an illegally staying third-country national. This research focuses on this issue.

Download or read book The Criminalisation of Migration in Europe written by Valsamis Mitsilegas and published by Springer. This book was released on 2014-10-31 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Immigration Law in the European Community written by Elspeth Guild and published by BRILL. This book was released on 2021-10-18 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration law continues to be an issue of substantial interest in the European Union. The institutions and the Member States are formulating the type of immigration law which the Union will have following the substantial move of competence in the field from Member State level to the Union with the amendments to the EC Treaty introduced by the Treaty of Amsterdam in 1999. This is a particularly important period within which to take stock of the existing immigration law of the European Union and how it has been developed. In order to understand the current law and lay the foundations for the future, a historical analysis of the development of European Union immigration law is needed. This volume charts the development of European Community immigration law from the conclusion of the EEC Treaty to the present day, first focussing on the development of the law relating to Community nationals and their third country national dependents, then looking at the extension of Community immigration law to third country nationals through agreements between their states of origin and the EC. Special attention is given to the rights of Turkish workers under the agreement between Turkey and the EC and the possibilities of residence and economic activity for nationals of the Central and Eastern European countries under the Europe Agreements. The centre of analysis of this book is the individual migrant: what are the rights and duties of the individual and what is his or her relationship of rights on the one hand with the Member State and on the other hand with the European Community? This book examines the structure and content of European Community immigration law from the perspective of the individual most closely affected by that law.

Download or read book Crimmigration Law in the European Union written by Aniel Pahladsingh and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally third-country nationals. An entry ban prohibits entry into and stay on the territory of all EU Member States (except the United Kingdom and Ireland) and Switzerland, Norway, Iceland, and Liechtenstein. This instrument is intended to have preventive effects and to foster the credibility of EU return policy. The clear message is that those who disregard migration rules in the Member States will not be allowed to re-enter any Member State for a specified period. Furthermore, the entry ban is an instrument which can be used to prevent (or to counter) terrorism. The use of criminal sanctions in the area of immigration opens the largely political debate on the legitimacy of the process of criminalizing foreigners. The merger between criminal law and immigration law has been classified as "crimmigration law." The entry ban falls within the scope of crimmigration law. The relation between immigration law and criminal law, and the compatibility of national penal measures imposed as a punishment for illegal migration, is developed in the case law of the Court of Justice of the European Union. There is a well-established jurisprudence on the interplay between domestic penal sanctions and the effectiveness of return policy. The effectiveness of the return process would be compromised by the application of a criminal penalty for violating the entry ban, because the primary objective of the Directive is not to prevent illegal presence in the territory but rather to put an end to it. The current issue is to determine to what extent the use of criminal sanctions by Member States is allowed in the situation that an entry ban is issued against an illegally staying third-country national. This research focuses on this issue. [Subject: Criminal Law, EU?Law]

Download or read book Immigration and Privacy in the Law of the European Union written by Niovi Vavoula and published by BRILL. This book was released on 2022-09-12 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book EU Justice and Home Affairs Law EU Justice and Home Affairs Law written by Steve Peers and published by Oxford University Press. This book was released on 2016-05-12 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Asylum and Immigration Law examines in detail the EU legislation and case law on the issues of immigration, asylum, visas and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. The updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of 'refugee' and subsidiarity protection, the rights of asylum-seekers, and Member States' responsibility for asylum-seekers); and irregular migrants' rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. Steve Peers' seminal text on the justice and home affairs law of the European Union appears in its fourth edition and is now available in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law, and as a two-volume set. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.

Download or read book EU Immigration and Asylum Law Text and Commentary Second Revised Edition written by Steve Peers and published by Martinus Nijhoff Publishers. This book was released on 2012-07-25 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law.

Download or read book Immigration Detention Risk and Human Rights written by Maria João Guia and published by Springer. This book was released on 2016-02-24 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

Download or read book Asylum Law in the European Union written by Francesco Cherubini and published by Routledge. This book was released on 2014-11-13 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

Download or read book The Treatment of Immigrants in the European Court of Human Rights written by Amanda Spalding and published by Bloomsbury Publishing. This book was released on 2022-07-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on 'crimmigration'.

Download or read book Justice and Home Affairs in the EU written by Joanna Apap and published by Edward Elgar Publishing. This book was released on 2004 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical book analyses the main difficulties facing both existing, and candidate, EU countries in the area of Justice and Home Affairs (JHA) on the eve of enlargement. recommendations, which the authors believe are needed to pave the way towards and after enlargement. The policy recommendations reflect the richness and difficulty of the debate as well as the sensitivity of the issues at stake - seeking to strike a balance between security, liberty and justice in the EU at this challenging time. The contributions have been grouped under three main headings, preceded by an overview of the progress and obstacles in the area of JHA. Practical recommendations are presented for each of the three areas: the fundamentals of JHA policies in a post-enlargement EU; scenarios for crime, law and justice in an enlarged European Union; towards an immigration and asylum policy for Europe. Written by academics, high-level practitioners and policymakers, this book will appeal to scholars of European studies and law, European-level policymakers and policy analysts. A wide variety of civil servants and lawyers will also find much of interest.

Download or read book EU Justice and Home Affairs Law written by Steve Peers and published by OUP Oxford. This book was released on 2012-08-30 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Justice and Home Affairs Law is comprehensively updated and expanded to take account of the major changes introduced by the Treaty of Lisbon and the development of legislation and case-law since the last edition. It includes analysis of the widened jurisdiction of the EU's Court of Justice, the revised rules on the participation of the UK, Ireland and Denmark and relations with non-EU countries in this field, and of the impact of the new framework for human rights law in the EU, including the binding status of the EU's Charter of Fundamental Rights and the EU accession to the ECHR. In the area of immigration and asylum law, this new edition scrutinizes a wide range of issues that include; the development of the EU's border control agency; the adoption of an EU visas code; EU databases (such as the Visa Information System and the second-generation Schengen Information System); the further development of the Common European Asylum System; the EU's Returns Directive; and the Blue Card Directive for the admission of highly-skilled workers. In the area of civil law, this new edition contains an updated overview of recent legislation, including EU rules on conflicts of law, maintenance, payment orders, small claims, and mediation. As regards criminal law and policing, the new edition includes detailed analysis of EU legislation and case law on issues such as suspects' and victims' rights, the European Arrest Warrant, the transfer of prisoners, other post-trial and pre-trial decisions, double jeopardy rules, EU anti-terrorist sanctions, data protection, and the development of Europol and Eurojust.

Download or read book EU Justice and Home Affairs Law EU criminal law policing and civil law written by Steve Peers and published by . This book was released on 2016 with total page 972 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Immigration Crime and Justice written by William McDonald and published by Emerald Group Publishing. This book was released on 2009-04-16 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the nexus between immigration and crime from all of the angles. This work addresses not just the evidence regarding the criminality of immigrants but also the research on the victimization of immigrants; human trafficking; domestic violence; the police handling of human trafficking; and, the exportation to crime problems via deportation.

Download or read book EU Immigration and Asylum Law Text and Commentary Second Revised Edition written by Steve Peers and published by Hotei Publishing. This book was released on 2015-04-14 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. The authors of each commentary are academic and practitioner experts in the field of EU immigration law based in the UK, Ireland and the Netherlands. Also available as a set of 3 volumes see isbn 9789004222304