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Author: Michela Ceccorulli Publisher: Routledge ISBN: 1317750071 Category : Political Science Languages : en Pages : 267
Book Description
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.
Author: Michela Ceccorulli Publisher: Routledge ISBN: 1317750071 Category : Political Science Languages : en Pages : 267
Book Description
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.
Author: Michela Ceccorulli Publisher: ISBN: 9781315796284 Category : Political Science Languages : en Pages : 0
Book Description
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.
Author: Daniel Wilsher Publisher: Cambridge University Press ISBN: 1139501356 Category : Political Science Languages : en Pages : 421
Book Description
The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.
Author: Maria João Guia Publisher: Springer ISBN: 3319246909 Category : Law Languages : en Pages : 304
Book Description
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.
Author: Izabella Majcher Publisher: Springer Nature ISBN: 303033869X Category : Social Science Languages : en Pages : 489
Book Description
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.
Author: Bridget Anderson Publisher: Springer Science & Business Media ISBN: 1461458641 Category : Political Science Languages : en Pages : 162
Book Description
In recent years states across the world have boosted their legal and institutional capacity to deport noncitizens residing on their territory, including failed asylum seekers, “illegal” migrants, and convicted criminals. Scholars have analyzed this development primarily through the lens of immigration control. Deportation has been viewed as one amongst a range of measures designed to control entrance, distinguished primarily by the fact that it is exercised inside the territory of the state. But deportation also has broader social and political effects. It provides a powerful way through which the state reminds noncitizens that their presence in the polity is contingent upon acceptable behavior. Furthermore, in liberal democratic states immunity from deportation is one of the key privileges that citizens enjoy that distinguishes them from permanent residents. This book examines the historical, institutional and social dimensions of the relationship between deportation and citizenship in liberal democracies. Contributions also include analysis of the formal and informal functions of administrative immigration detention, and the role of the European Parliament in the area of irregular immigration and borders. The book also develops an analytical framework that identifies and critically appraises grassroots and sub national responses to migration policy in liberal democratic societies, and considers how groups form after deportation and the employment of citizenship in this particular context, making it of interest to scholars and international policy makers alike. “It is commonly surmised that the increased flows of goods, ideas, finance and people are slowly leading to the dissolution of boundaries between nation-states. However, as the varied and excellent chapters in this collection demonstrate, the enforcement of state power through detention and deportation is still a real and growing feature of contemporary political life. Expulsion has always been a moral sanction (think of Adam and Eve being banished from the Garden of Eden or the ostracism directed against dissidents in ancient Athens, who were forced to leave for ten years). As the editors suggest, deportation remains a means of enforcing a normative order (‘a community of values’), while the authors and editors of this book have expanded the subject-matter to include the deportees’ perspectives and the effects of deportation on families, other potential victims and on those whose social inclusion has been affirmed by the exclusion of others. These studies will enrich and enlarge the study of the more naked forms of state power.” - Robin Cohen, Professor Emeritus of Development Studies, University of Oxford “This wide-ranging, well-researched, and highly informative work is a major contribution to the growing body of scholarship examining the harsh consequences of deportation around the world. The editors have gathered an impressive group of scholars who craft an eclectic view of how deportation has evolved, what it may signify, and how it now works in various settings. With its inclusion of historical, institutional, comparative, and finely-textured, sensitive experiential studies, this book offers an important--if frequently distressing--overview of phenomena that deserve our full attention.” - Daniel Kanstroom, Professor of Law and Director, International Human Rights Program, Boston College Law School
Author: Arne Millahn Publisher: GRIN Verlag ISBN: 3668166714 Category : Law Languages : en Pages : 24
Book Description
Seminar paper from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: 2, University of Twente , course: European Union Law, language: English, abstract: Third-Country Nationals (TNCs) have a distinct legal standpoint in the Treaties as part of the Area of Freedom, Security and Justice (AFSJ). Within the more general context of the often mentioned conflict between Freedom and Justice, on the one hand, and Security, on the other, one can more specifically view the TNCs’ situation as being determined by the balance between the interest of the state to maintain public security and the rights of the individual. The sociological discourse has claimed that migration is perceived as a threat to national sovereignty, a perception that should predominantly shape the “management of migration flows”. This policy has been termed a ‘securitization’ of migration. Both on the EU level and on the MS level the policy paradigm has resulted in the criminalization of irregular migration, which has been conceptualized as ‘crimmigation’ in the literature. On the EU level this has taken the form of efforts to deport migrants from the Union’s territory. This paper will focus on Directive 2008/115/EC (the Returns Directive). Besides the developments at EU level, the MSs have retained and excluded the Union’s competences from measures concerning national security. According to Article 72 TFEU, the EU may not impose measures on MSs within the AFSJ that affect “the maintenance of law and order and the safeguarding of internal security”. On this basis, several MSs have enacted additional legislation that imposes criminal sanctions on irregular migrants. This has led to conflicts before the ECJ about their compatibility with EU law. The two countries in this regard were France and Italy. The criminalization of migration in these countries is therefore of special interest to this paper. The irregular TNC thus faces a migration regime that is largely determined on the MS level but coordinated to a certain extent at the EU level. First of all this has implications for the extent of his criminalization. Within the overlap of EU and national competence in this field, to what extent can MSs impose additional sanctions on irregular migrants? Secondly this concerns the scope of Fundamental Rights. To what extent are MSs allowed to intrude on the personal liberty of the TCN in the control of migration?
Author: Yolande Jansen Publisher: Rowman & Littlefield Publishers ISBN: 9781783481705 Category : European Union countries Languages : en Pages : 0
Book Description
This carefully curated collection addresses the intertwined political, legal, cultural, and normative dimensions of the irregularization of migration.
Author: François Crépeau Publisher: ISBN: 9789461385239 Category : Border security Languages : en Pages : 39
Book Description
Migration towards Europe has surged over the past few years, overwhelming government authorities at the national and EU levels, and fuelling a xenophobic, nationalist, populist discourse linking migrants to security threats. Despite positive advances in the courts and worthy national initiatives (such as Italy's Operation Mare Nostrum), the EU's governance of migration and borders has had disastrous effects on the human rights of migrants. These effects stem from the criminalisation of migrants, which pushes them towards more precarious migration routes, the widespread use of administrative detention and the processing of asylum claims under the Dublin system, and now the EU-Turkey agreement. Yet, with the right political leadership, the EU could adopt different policies in order to develop and implement a human rights-based approach to migration that would seek to reconcile security concerns with the human rights of migrants. Such an approach would enable member states to fully reap the rewards of a stable, cohesive, long-term migration plan that facilitates and governs mobility rather than restricts it at immense cost to the EU, the member states and individual migrants.