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The Criminalisation of Migration in Europe - Challenges for Human Rights and the Rule of Law (Paperback, 2015 ed.)
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The Criminalisation of Migration in Europe - Challenges for Human Rights and the Rule of Law (Paperback, 2015 ed.)
Series: SpringerBriefs in Law
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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.
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