Migrants with Irregular Status in Europe
Migrants with Irregular Status in Europe

Author: Sarah Spencer

Publisher: Springer Nature

Published: 2020-05-20

Total Pages: 222

ISBN-13: 3030343243

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This open access book explores the conceptual challenges posed by the presence of migrants with irregular immigration status in Europe and the evolving policy responses at European, national and municipal level. It addresses the conceptual and policy issues raised, post-entry, by this particular section of the migrant population. Drawing on evidence from different parts of Europe, the book takes the reader through philosophical and ethical dilemmas, legal and sociological analysis to questions of public policy and governance before addressing the concrete ways in which those questions are posed in current policy agendas from the international to the local level. As such this book is a valuable read to researchers, practitioners and policy makers as well as to students working on irregular migration in Europe in a comparative and/or country based perspective.

Human Rights of Irregular Migrants in the European Union
Human Rights of Irregular Migrants in the European Union

Author: Annalisa Morticelli

Publisher:

Published: 2021-06-11

Total Pages: 359

ISBN-13: 9783848781072

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The book addresses the difficult issue of irregular migration in the European Union, through a juridical reconstruction of the phenomenon starting from its origins. The interesting aspect is the understanding part between Italy and Germany, to understand the phenomenon in two different member countries, in order to grasp the main critical issues and identify virtuous behaviors in order to create a system that is as homogenous as possible at the level of the European Union. The researches were carried out in Italy and in Germany above all, through the analysis of legislative documents and the doctrine on the subject.

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

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

Author: Matilde Rosina

Publisher: Springer Nature

Published: 2022-03-05

Total Pages: 350

ISBN-13: 3030903478

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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.

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

Author: Madalina Moraru

Publisher: Bloomsbury Publishing

Published: 2020-08-06

Total Pages: 543

ISBN-13: 1509922962

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This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.

Migration And Health In The European Union
Migration And Health In The European Union

Author: Rechel, Bernd

Publisher: McGraw-Hill Education (UK)

Published: 2011-12-01

Total Pages: 282

ISBN-13: 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.

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.

The Human Rights of Migrants in European Law
The Human Rights of Migrants in European Law

Author: Cathryn Costello

Publisher: Oxford University Press

Published: 2016

Total Pages: 401

ISBN-13: 0199644748

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A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

What Happened to Equality?
What Happened to Equality?

Author: Bjarney Friðriksdóttir

Publisher: BRILL

Published: 2017-07-03

Total Pages: 457

ISBN-13: 9004345280

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In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.

Migration and the European Convention on Human Rights
Migration and the European Convention on Human Rights

Author: Başak Çalı

Publisher: Oxford University Press

Published: 2021-02-25

Total Pages: 272

ISBN-13: 0192648268

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This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.