Immigration Detention In The European Union

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Immigration Detention in the European Union

Izabella Majcher,Michael Flynn,Mariette Grange
Immigration Detention in the European Union Book PDF

Author : Izabella Majcher,Michael Flynn,Mariette Grange
Publisher : Springer Nature
Page : 489 pages
File Size : 48,7 Mb
Release : 2020-03-04
Category : Social Science
ISBN : 9783030338695

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Immigration Detention in the European Union by Izabella Majcher,Michael Flynn,Mariette Grange Pdf

This book offers a unique comparative assessment of the evolution of immigration detention systems in European Union member states since the onset of the “refugee crisis.” By applying an analytical framework premised on international human rights law in assessing domestic detention regimes, the book reveals the extent to which EU legislation has led to the adoption of laws and practices that may disregard fundamental rights and standards. While emphasizing policies and laws adopted in response to the “refugee crisis,” the volume also shows how these policies have evolved—and in many cases grown more restrictive—even as the “crisis” has begun to recede from the borders of many European countries. To sharpen awareness of contrasting developments across the region, the book’s country chapters are organised into geographic sections that reveal how variations in migration pressures have in some cases resulted in contrasting detention practices even as the EU directives have sought to harmonise immigration laws. A critical focus of the book are the evolving domestic norms related to grounds for detention, length of detention, non-custodial "alternatives to detention," the treatment of children, and conditions of detention. With its systematic and comparative assessment of immigration detention regimes across the EU, the book will be helpful for both academics and practitioners who seek a comprehensive guide to the evolution of one of today’s more important human rights dilemmas—states’ efforts to control global migration.

The European Union Returns Directive and its Compatibility with International Human Rights Law

Izabella Majcher
The European Union Returns Directive and its Compatibility with International Human Rights Law Book PDF

Author : Izabella Majcher
Publisher : BRILL
Page : 848 pages
File Size : 47,9 Mb
Release : 2019-11-26
Category : Law
ISBN : 9789004360532

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The European Union Returns Directive and its Compatibility with International Human Rights Law by Izabella Majcher Pdf

The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France

Immigration Detention, Risk and Human Rights

Maria João Guia,Robert Koulish,Valsamis Mitsilegas
Immigration Detention Risk and Human Rights Book PDF

Author : Maria João Guia,Robert Koulish,Valsamis Mitsilegas
Publisher : Springer
Page : 293 pages
File Size : 45,7 Mb
Release : 2016-02-24
Category : Law
ISBN : 9783319246901

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Immigration Detention, Risk and Human Rights by Maria João Guia,Robert Koulish,Valsamis Mitsilegas Pdf

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.

The EU, Migration and the Politics of Administrative Detention

Michela Ceccorulli,Nicola Labanca
The EU Migration and the Politics of Administrative Detention Book PDF

Author : Michela Ceccorulli,Nicola Labanca
Publisher : Routledge
Page : 266 pages
File Size : 49,5 Mb
Release : 2014-04-16
Category : Political Science
ISBN : 9781317750062

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The EU, Migration and the Politics of Administrative Detention by Michela Ceccorulli,Nicola Labanca Pdf

Migration is now regarded as a security issue, both in public debate and government policies. In turn, the phenomenon of detention as a governance practice has emerged, and the developing presence of camps in Europe for migrants has given rise to a tangle of new and complex issues. This book examines the phenomenon of irregular immigration, and provides a comprehensive picture of the practices and the implications of detention of migrants within and the European Union. It analyses ‘detention’ as a tool of governance and in doing so explores several key themes: the security threat for Europe the security governance processes enacted to handle irregular immigration the forms of detention in different geographical contexts the effectiveness of the EU’s approach to the issue. The EU, Migration and the Politics of Administrative Detention will be of interest to students and scholars of the EU’s external relations, migration, human rights, European politics and security studies.

Challenging Immigration Detention

Michael J. Flynn,Matthew B. Flynn
Challenging Immigration Detention Book PDF

Author : Michael J. Flynn,Matthew B. Flynn
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 47,7 Mb
Release : 2017-09-29
Category : Alien detention centers
ISBN : 9781785368066

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Challenging Immigration Detention by Michael J. Flynn,Matthew B. Flynn Pdf

Immigration detention is an important global phenomenon increasingly practiced by states across the world in which human rights violations are commonplace. Challenging Immigration Detention introduces readers to various disciplines that have addressed immigration detention in recent years and how these experts have sought to challenge underlying causes and justifications for detention regimes. Contributors provide an overview of the key issues addressed in their disciplines, discuss key points of contention, and seek out linkages and interactions with experts from other fields.

Immigration Detention and Human Rights

Galina Cornelisse
Immigration Detention and Human Rights Book PDF

Author : Galina Cornelisse
Publisher : BRILL
Page : 402 pages
File Size : 43,6 Mb
Release : 2010-03-08
Category : Law
ISBN : 9789047444336

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Immigration Detention and Human Rights by Galina Cornelisse Pdf

Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

The Securitisation of Migration in the EU

Gabriella Lazaridis,Khursheed Wadia
The Securitisation of Migration in the EU Book PDF

Author : Gabriella Lazaridis,Khursheed Wadia
Publisher : Springer
Page : 247 pages
File Size : 54,9 Mb
Release : 2015-10-15
Category : Political Science
ISBN : 9781137480583

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The Securitisation of Migration in the EU by Gabriella Lazaridis,Khursheed Wadia Pdf

Since 9/11 Western states have sought to integrate 'securitisation' measures within migration regimes as asylum seekers and other migrant categories come to be seen as agents of social instability or as potential terrorists. Treating migration as a security threat has therefore increased insecurity amongst migrant and ethnic minority populations.

Judicial Review of Immigration Detention in the UK, US and EU

Justine N Stefanelli
Judicial Review of Immigration Detention in the UK US and EU Book PDF

Author : Justine N Stefanelli
Publisher : Bloomsbury Publishing
Page : 354 pages
File Size : 51,9 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781509930463

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Judicial Review of Immigration Detention in the UK, US and EU by Justine N Stefanelli Pdf

Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.

The Human Rights of Migrants in European Law

Cathryn Costello
The Human Rights of Migrants in European Law Book PDF

Author : Cathryn Costello
Publisher : Oxford University Press
Page : 401 pages
File Size : 43,7 Mb
Release : 2016
Category : Law
ISBN : 9780199644742

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The Human Rights of Migrants in European Law by Cathryn Costello Pdf

A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

The Criminalisation of Migration in Europe

Valsamis Mitsilegas
The Criminalisation of Migration in Europe Book PDF

Author : Valsamis Mitsilegas
Publisher : Springer
Page : 110 pages
File Size : 46,6 Mb
Release : 2014-10-31
Category : Law
ISBN : 9783319126586

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The Criminalisation of Migration in Europe by Valsamis Mitsilegas Pdf

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.

No Escape from Hell

Judith Sunderland,Hanan Salah
No Escape from Hell Book PDF

Author : Judith Sunderland,Hanan Salah
Publisher : Unknown
Page : 70 pages
File Size : 52,8 Mb
Release : 2019
Category : European Union countries
ISBN : OCLC:1083096759

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No Escape from Hell by Judith Sunderland,Hanan Salah Pdf

"European Union policies are contributing to a cycle of extreme abuse against migrants and asylum seekers in Libya. Through their support, the EU, Italy and other member states are enabling the Libyan Coast Guard ... to intercept boats leaving Libya knowing all migrants and asylum seekers are then detained in arbitrary, indefinite, and abusive detention. [This report] is based on visits to four Libyan migrant detention centers where Human Rights Watch spoke with over 100 detained migrants and asylum seekers and documented severe overcrowding, unsanitary conditions, malnutrition, lack of adequate healthcare as well as violent abuse by guards including beatings, whippings, and other violence. The EU and member states’ efforts to alleviate the suffering of migrants have had negligible impact on the ground."--Page 4 of cover.

Are Human Rights for Migrants?

Marie-Benedicte Dembour,Tobias Kelly
Are Human Rights for Migrants Book PDF

Author : Marie-Benedicte Dembour,Tobias Kelly
Publisher : Routledge
Page : 285 pages
File Size : 51,8 Mb
Release : 2011-06-01
Category : Law
ISBN : 9781136700071

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Are Human Rights for Migrants? by Marie-Benedicte Dembour,Tobias Kelly Pdf

Human rights seemingly offer universal protection. However, irregular migrants have, at best, only problematic access to human rights. Whether understood as an ethical injunction or legally codified norm, the promised protection of human rights seems to break down when it comes to the lived experience of irregular migrants. This book therefore asks three key questions of great practical and theoretical importance. First, what do we mean when we speak of human rights? Second, is the problematic access of irregular migrants to human rights protection an issue of implementation, or is it due to the inherent characteristics of the concept of human rights? Third, should we look beyond human rights for an effective source of protection? Written is an accessible style, with a range of socio-legal and doctrinal approaches, the chapters focus on the situation of the irregular migrant in Europe and the United States. Throughout the book, nuanced theoretical debates are put in the context of concrete case studies. The critical reflections it offers on the limitations and possibilities of human rights protections for irregular migrants will be invaluable for students, scholars and practitioners.

Detaining the Immigrant Other

Rich Furman,Douglas Epps,Greg Lamphear
Detaining the Immigrant Other Book PDF

Author : Rich Furman,Douglas Epps,Greg Lamphear
Publisher : Oxford University Press
Page : 241 pages
File Size : 45,5 Mb
Release : 2016
Category : Social Science
ISBN : 9780190222574

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Detaining the Immigrant Other by Rich Furman,Douglas Epps,Greg Lamphear Pdf

This edited text explores immigration detention through a global and transnational lens. Immigration detention is frequently transnational; the complex dynamics of apprehending, detaining, and deporting undocumented immigrants involve multiple organizations that coordinate and often act across nation state boundaries. The lives of undocumented immigrants are also transnational in nature; the detention of immigrants in one country (often without due process and without providing the opportunity to contact those in their country of origin) has profound economic and emotional consequences for their families. The authors explore immigration detention in countries that have not often been previously explored in the literature. Some of these chapters include analyses of detention in countries such as Malaysia, South Africa, Turkey and Indonesia. They also present chapters that are comparative in nature and deal with larger, macro issues about immigration detention in general. The authors' frequent usage of lived experience in conjunction with a broad scholarly knowledge base is what sets this volume apart from others, making it useful and practical for scholars in the social sciences and anybody interested in the global phenomenon of immigration detention.

The Irregularization of Migration in Contemporary Europe

Yolande Jansen,Robin Celikates,Joost de Bloois
The Irregularization of Migration in Contemporary Europe Book PDF

Author : Yolande Jansen,Robin Celikates,Joost de Bloois
Publisher : Rowman & Littlefield
Page : 264 pages
File Size : 46,8 Mb
Release : 2014-12-12
Category : Political Science
ISBN : 9781783481712

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The Irregularization of Migration in Contemporary Europe by Yolande Jansen,Robin Celikates,Joost de Bloois Pdf

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.

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

Madalina Moraru,Galina Cornelisse,Philippe De Bruycker
Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union Book PDF

Author : Madalina Moraru,Galina Cornelisse,Philippe De Bruycker
Publisher : Bloomsbury Publishing
Page : 516 pages
File Size : 49,9 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781509922963

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Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union by Madalina Moraru,Galina Cornelisse,Philippe De Bruycker Pdf

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.