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The Criminalisation of Irregular Migration in Europe

Author: Matilde Rosina

Publisher: Springer Nature

Published: 2022-03-05

Total Pages: 350

ISBN-13: 3030903478

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.

The Criminalisation of Migration in Europe

Author: Valsamis Mitsilegas

Publisher: Springer

Published: 2014-10-31

Total Pages: 110

ISBN-13: 331912658X

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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.

Irregular Migration And Human Rights

Author: Barbara Bogusz

Publisher: Martinus Nijhoff Publishers

Published: 2004-01-01

Total Pages: 486

ISBN-13: 9004140115

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This collection of essays is the outcome of an international conference on Irregular Migration and Human Rights, which gathered together prominent scholars, policy-makers and practitioners working in the migration and human rights field. The objective of the book, in contrast to the prevailing political approach which focuses almost solely on prevention, is to discuss the human rights dimensions of irregular migration from theoretical, European and international perspectives.

Controlling Immigration Through Criminal Law

Author: Gian Luigi Gatta

Publisher: Bloomsbury Publishing

Published: 2021-01-14

Total Pages: 311

ISBN-13: 150993393X

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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.

Immigration and Criminal Law in the European Union

Author: Elspeth Guild

Publisher: BRILL

Published: 2006-05-29

Total Pages: 431

ISBN-13: 9047409302

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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 Future of Migration to Europe

Author: matteo villa

Publisher: Ledizioni

Published: 2020-05-14

Total Pages: 106

ISBN-13: 8855262025

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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?

The Routledge Handbook of the Politics of Migration in Europe

Author: Agnieszka Weinar

Publisher: Routledge

Published: 2018-07-06

Total Pages: 466

ISBN-13: 1315512831

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The Routledge Handbook of the Politics of Migration in Europe provides a rigorous and critical examination of what is exceptional about the European politics of migration and the study of it. Crucially, this book goes beyond the study of the politics of migration in the handful of Western European countries to showcase a European approach to the study of migration politics, inclusive of tendencies in all geographical parts of Europe (including Eastern Europe, the Western Balkans, Turkey) and of influences of the European Union (EU) on countries in Europe and beyond. Each expert chapter reviews the state of the art field of studies on a given topic or question in Europe as a continent while highlighting any dimensions in scholarly debates that are uniquely European. Thematically organised, it permits analytically fruitful comparisons across various geographical entities within Europe and broadens the focus on European immigration politics and policies beyond the traditional limitations of Western European, immigrant-receiving societies. The Routledge Handbook of the Politics of Migration in Europe will be essential reading and an authoritative reference for scholars, students, researchers and practitioners involved in, and actively concerned about, research on migration, and European and EU Politics.

Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights

Author: Ryszard Ignacy Cholewinski

Publisher: Council of Europe

Published: 2005-01-01

Total Pages: 88

ISBN-13: 9789287158796

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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.