Complaint Mechanisms in Border Management and Expulsion Operations in Europe
Complaint Mechanisms in Border Management and Expulsion Operations in Europe

Author: Sergio Carrera (Political scientist)

Publisher: Centre for European Policy Studies

Published: 2018-08-07

Total Pages: 80

ISBN-13: 9789461386779

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Border control, surveillance operations and expulsion of irregular immigrants--particularly through return flights--can pose serious human rights challenges. This book, prepared by the Brussels-based think tank Centre for European Policy Studies, examines whether Europe is properly equipped to ensure effective access to remedies for alleged rights violations or possible abuses of force against immigrants and asylum seekers. It sheds light on the fragmentation of the human rights accountability regimes and shows that while the 'law on the books' may formally recognise a set of fundamental rights for immigrants and asylum seekers, the 'law in practice' does not necessarily offer adequate complaint mechanisms in many European countries. Finally, the book sets out a number of policy recommendations, paying particular attention to addressing human rights accountability issues in the context of activities undertaken by the new European Border and Coast Guard (Frontex).

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union
Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

Author: Sergio Carrera

Publisher: Routledge

Published: 2020-02-25

Total Pages: 270

ISBN-13: 0429515286

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This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

EU Migration Agencies
EU Migration Agencies

Author: David Fernández-Rojo

Publisher: Edward Elgar Publishing

Published: 2021-01-29

Total Pages: 272

ISBN-13: 1839109343

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This insightful book analyzes the evolution of the operational tasks and cooperation of the European Border and Coast Guard Agency (FRONTEX), the European Asylum Support Office (EASO) and the European Union Agency for Law Enforcement Cooperation (EUROPOL). Exploring the recent expansion of the legal mandates of these decentralized EU agencies and the activities they undertake in practice, David Fernández-Rojo offers a critical assessment of the EU migration agencies.

Non-Judicial Remedies and EU Administration
Non-Judicial Remedies and EU Administration

Author: Paola Chirulli

Publisher: Routledge

Published: 2021-03-11

Total Pages: 272

ISBN-13: 0429595697

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The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

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

Author: Izabella Majcher

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9789004360525

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"The book assesses the EU Returns Directive against international human rights norms and standards. [The author] explores protection gaps in the EU return policy 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 draft amendments to the Directive, proposed by the European Commission in September 2018."--

Boards of Appeal of EU Agencies
Boards of Appeal of EU Agencies

Author: Merijn Chamon

Publisher: Oxford University Press

Published: 2022-03-10

Total Pages: 369

ISBN-13: 0192665979

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While the EU agencies that have been granted the power to adopt binding decisions are a diverse group, they at least share one feature: in all of them an organisationally separate administrative review body, i.e. a board of appeal, has been established. The review procedures before these boards must be exhausted before private parties can seize the EU courts and the boards therefore all fulfil a similar function: filtering cases before they end up before the courts and providing parties by expert-driven review. Sharing this common function as well as some common features, the boards of appeal of the different agencies remain heterogenous in their set up and functioning. This raises a host of questions from both a theoretic and practical perspective which this volume analyses in depth: how do the boards function, which kind of review do they offer, and how should they be conceptualized in the EU's overall system of legal protection against administrative action? To answer these questions, the volume's first part presents a series of case studies, covering all the EU boards of appeal currently in existence, while a second part looks into the horizontal issues raised by the phenomenon of the boards of appeal.

The Criminalisation of Migration in Europe
The Criminalisation of Migration in Europe

Author: Valsamis Mitsilegas

Publisher: Springer

Published: 2014-10-31

Total Pages: 117

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.

Guide to Policies for the Well-being of All in Pluralist Societies
Guide to Policies for the Well-being of All in Pluralist Societies

Author: Council of Europe

Publisher: Council of Europe

Published: 2010-01-01

Total Pages: 300

ISBN-13: 9789287168535

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This guide offers theoretical and practical tools for an innovative approach to a key political issue: how, along with our immigrant fellow-citizens, can we build a fair and plural society that ensures the well-being or all? By moving beyond rigid categories like "foreigner", "immigrant" and "illegal, and ambiguous concepts like "identity", "diversity, "immigration control and "integration", this guide suggests that policy makers, civil servants and citizens need to question their own vocabulary if they are to grasp the complexity and uniqueness or people's migration paths. Perceiving migrants simply from the host country's point or view - the security, well-being and life-style of its nationals - has limitations. We cannot see people of foreign origin only as a threat or a resource to be exploited. If we see them as stereotypes, we are seeing only a mirror of European fears and contradictory aspirations. This guide helps readers decode and address the structural problems of our society, looking at the accusations made against migrants And The utilitarian view or the advantages that immigrants bring to host societies. In publishing this guide, The Council or Europe is seeking to initiate an in-depth debate on the migration issue, which is so high on the European political agenda

Theory and Practice of Illegitimate Finance
Theory and Practice of Illegitimate Finance

Author: Rafay, Abdul

Publisher: IGI Global

Published: 2023-09-14

Total Pages: 414

ISBN-13:

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In today's interconnected world, fraud and corruption threaten the integrity of global financial systems, making illicit and illegitimate finance a pressing concern across industries. Editor Abdul Rafay, an esteemed academic scholar in financial crimes, corporate finance, and financial technology, offers the definitive solution to the Theory and Practice of Illegitimate Finance. This premier reference work comprehensively explores all facets of illicit finance, providing invaluable insights and real-world case studies on financial crimes, money laundering, tax evasion, and fraudulent practices. Through meticulous research and analysis, the book equips business owners, policymakers, researchers, and industry professionals with strategies to combat and prevent illicit finance from infiltrating financial institutions and businesses. As an indispensable resource for academicians and students, Theory and Practice of Illegitimate Finance empowers readers to tackle the complexities of illicit finance. Abdul Rafay's unparalleled expertise, evident from his successful editing of previous books and numerous research papers, enhances the book's credibility. By embracing the transformative journey offered by the book's insights, readers from all walks of life can contribute to a more transparent and accountable financial world, ensuring the integrity of global finance systems and paving the way for a brighter and more secure future.

Policing Mobility Regimes
Policing Mobility Regimes

Author: Giuseppe Campesi

Publisher: Routledge

Published: 2021-08-17

Total Pages: 324

ISBN-13: 1000441601

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More than 30 years after its birth, the Schengen area of free movement is under siege in Europe: new barriers are being erected along land borders, military assets are increasingly deployed to patrol the Mediterranean, while sophisticated surveillance tools are used to keep track of the flows of people crossing into European space. Bringing together perspectives from political geography, critical criminology and legal theory, Policing Mobility Regimes offers a systematic analysis of the impact that Frontex is having on migration control strategies at the EU level and offers a detailed empirical description of the agency’s organization and operational activities. In addition, this book explores the meaning behind the attempt at developing a post-national border control strategy and what effect this might have on the geopolitics of Europe’s borders. It contributes to the wider theoretical debate on the relationships among migration, security and the transformation of borders in contemporary Europe. An accessible and compelling read, this book will appeal to all those engaged with criminology, sociology, geography, politics and law as well as all those interested in learning about Europe’s changing borders.