[PDF] Illegally Staying In The Eu eBook

Author : Benedita Menezes Queiroz
Publisher : Bloomsbury Publishing
Page : 216 pages
File Size : 30,93 MB
Release : 2018-02-22
Category : Law
ISBN : 150991286X

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Principally, this book comprises a conceptual analysis of the illegality of a third-country national's stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants. The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant's stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality (both instrumental and corrective). In doing so it draws out another trend evident in the EU illegality regime: a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes. Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.

Author : Benedita Menezes Queiroz
Publisher : Bloomsbury Publishing
Page : 227 pages
File Size : 42,8 MB
Release : 2018-02-22
Category : Law
ISBN : 1509912851

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Principally, this book comprises a conceptual analysis of the illegality of a third-country national's stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants. The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant's stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality (both instrumental and corrective). In doing so it draws out another trend evident in the EU illegality regime: a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes. Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.

Author : F. Düvell
Publisher : Springer
Page : 277 pages
File Size : 26,33 MB
Release : 2005-12-15
Category : Political Science
ISBN : 0230555020

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The processes of globalization, increasing human mobility and European integration have led to immigration, and in particular illegal immigration, being among the top international policy, economic and security concerns. This book analyzes the causes of illegal immigration in Europe together with the history and political economy of the phenomenon. It offers an assessment of contemporary political responses and proposes an alternative approach aiming at a more sustainable solution.

Author : Martin Baldwin-Edwards
Publisher : Amsterdam University Press
Page : 576 pages
File Size : 42,68 MB
Release : 2009
Category : Law
ISBN : 9085550084

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REGINE is a research project on regularisation practices in the European Union. The aim of the project is to provide a thorough mapping of practices relating to the regularisation of third country nationals illegally resident in EU Member States. Two additional non-EU countries - Switzerland and the US - will also be covered to gain insights in regularisation practices and the impact of regularisations elsewhere. In examining regularisation practices, the project also investigates the relationship of regularisation policies to the overall migration policy framework, including to protection issues and refugee policies. Moreover, the project examines the political position of different stakeholders towards regularisation policies on the national level. Finally, the project examines potential options for policies on regularisation on the European level, incorporating Member States as well as other stakeholders' views on possible instruments on the European level.

Author : Rechel, Bernd
Publisher : McGraw-Hill Education (UK)
Page : 282 pages
File Size : 42,44 MB
Release : 2011-12-01
Category : Education
ISBN : 0335245676

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"This book can be read by anyone with an interest in migration and health, whether as an advocate for migrants health, as a student in a health profession, researcher or policy maker. It provides an ample orientation to the field in the European context. Among other important raised issues, it underlines an all too often neglected fact; health is a human right. By involving broad issues and problem areas from a variety of perspectives, the volume illustrates that migration and health is a field that can not be allocated to a single discipline." Carin Bjrngren Cuadra, Senior Lecturer, Malm University, Sweden Migrants make up a growing share of European populations. However, all too often their situation is compounded by problems with accessing health and other basic services. There is a need for tailored health policies, but robust data on the health needs of migrants and how best these needs can be met are scarce. Written by a collaboration of authors from three key international organisations (the European Observatory on Health Systems and Policies, the EUPHA Section on Migrant and Ethnic Minority Health, and the International Organization for Migration), as well as leading researchers from across Europe, the book thoroughly explores the different aspects of migration and health in the EU and how they can be addressed by health systems. Structured into five easy-to-follow sections, the volume includes: Contributions from experts from across Europe Key topics such as: access to human rights and health care; health issues faced by migrants; and the national and European policy response so far Conclusions drawn from the latest available evidence Comprehensive information on different aspects of health and migration and how they can best be addressed by health systems is still not easy to find. This book addresses this shortfall and will be of major value to researchers, students, policy-makers and practitioners concerned with migration and health in an increasingly diverse Europe.

Author : Lena Schnaible
Publisher : GRIN Verlag
Page : 41 pages
File Size : 26,34 MB
Release : 2009-11
Category : Political Science
ISBN : 364046172X

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Seminar paper from the year 2008 in the subject Politics - International Politics - Topic: European Union, grade: 1,3, Växjö University, language: English, abstract: On the 13th of March 2008 the EU-Council in Brussels decided the formation of a Mediterranean Union, which shall deepen the relations to the south and east Mediterranean states. This Union shall intensify the Euro-Mediterranean Partnership launched in 1995 in Barcelona. The Euro-Mediterranean Partnership includes political and security dialogues, the gradual establishment of a free trade area and cultural relations under the framework of the European Neighbourhood Policy (ENP) of the EU. The bilateral and multilateral agreements are mentioning as well topics such as migration and asylum. These subjects are today more than ever important for EU member states. The EU is for many migrants the possibility to escape the bad living conditions in their home countries, which are to a huge degree countries of the south and east Mediterranean. Due to this problem, EU member states decided to manage legal and illegal immigration as well as the flow of refugees on the multilateral level of the EU. Since the Treaty of Amsterdam this area is located in the first pillar of the EU and not longer in the intergovernmental third pillar. As it can be seen in the bilateral and multilateral agreements of the EU with non-EU members there is definitively an EU foreign policy dimension of migration and asylum. Since migration is evidentially a timeless topic and the creation of a Mediterranean Union was decided currently, this paper will analyze the external dimension of illegal immigration in the relations with the Mediterranean partner countries. Which approach is the EU following regarding illegal immigration in general? How far are the Euro-Mediterranean Partnership states included in the management of illegal immigration? Which strategies include the agreements with these countries? Where might be problems of the EU-manag

Author : Aniel Pahladsingh
Publisher :
Page : 0 pages
File Size : 25,77 MB
Release : 2016
Category : Deportation
ISBN : 9789462403406

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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.

Author : Lena Schnaible
Publisher : GRIN Verlag
Page : 19 pages
File Size : 49,61 MB
Release : 2009-11-04
Category : Political Science
ISBN : 3640464575

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Seminar paper from the year 2008 in the subject Politics - Topic: European Union, grade: 1,3, Växjö University, language: English, abstract: On the 13th of March 2008 the EU-Council in Brussels decided the formation of a Mediterranean Union, which shall deepen the relations to the south and east Mediterranean states. This Union shall intensify the Euro-Mediterranean Partnership launched in 1995 in Barcelona. The Euro-Mediterranean Partnership includes political and security dialogues, the gradual establishment of a free trade area and cultural relations under the framework of the European Neighbourhood Policy (ENP) of the EU. The bilateral and multilateral agreements are mentioning as well topics such as migration and asylum. These subjects are today more than ever important for EU member states. The EU is for many migrants the possibility to escape the bad living conditions in their home countries, which are to a huge degree countries of the south and east Mediterranean. Due to this problem, EU member states decided to manage legal and illegal immigration as well as the flow of refugees on the multilateral level of the EU. Since the Treaty of Amsterdam this area is located in the first pillar of the EU and not longer in the intergovernmental third pillar. As it can be seen in the bilateral and multilateral agreements of the EU with non-EU members there is definitively an EU foreign policy dimension of migration and asylum. Since migration is evidentially a timeless topic and the creation of a Mediterranean Union was decided currently, this paper will analyze the external dimension of illegal immigration in the relations with the Mediterranean partner countries. Which approach is the EU following regarding illegal immigration in general? How far are the Euro-Mediterranean Partnership states included in the management of illegal immigration? Which strategies include the agreements with these countries? Where might be problems of the EU-management of illegal immigration in the cooperation with the countries of the Mediterranean? These shall be the key-questions the paper will answer.

Author : Izabella Majcher
Publisher : BRILL
Page : 848 pages
File Size : 27,41 MB
Release : 2019-11-26
Category : Law
ISBN : 9004360530

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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

Author : Alina Alexe
Publisher : GRIN Verlag
Page : 61 pages
File Size : 18,98 MB
Release : 2017-03-24
Category : Law
ISBN : 366842067X

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Essay from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: merit, Queen Mary University of London (Law Department), course: LLM, language: English, abstract: This paper examines two fundamental social rights belonging to irregular migrants: the right to work and the right to healthcare. Even though there is a lack of specific legal provisions directly applicable to this social category, the general ones, such as the Charter of Fundamental Rights of the European Union, the International Covenant on Economic, Social and Political Rights, also concern undocumented migrants. They are analyzed from general to particular taking into consideration broad terms such as “all”, ‘every”, “everyone”, which include the specific category of undocumented migrants. The existent case law, although characterized by scarcity because of the migrants’ fear of being deported when lodging claims in courts, emphasizes the fact that this social category also has rights and these rights are recognized and defended in national and European courts. The obstacles in accessing fundamental rights are also analyzed. The practical implications are taken into consideration. Ideas to improve the exercise of fundamental rights to work and healthcare by irregular migrants are suggested at the end of every chapter. Being human beings, they have the right to social protection regardless of their status.