Full Description
This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective.
The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures.
The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights.
The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.
Contents
Introduction
Gian Luigi Gatta, Universita degli Studi di Milano, Italy, Valsamis Mitsilegas, Queen Mary University of
London, UK and Stefano Zirulia, Universita degli Studi di Milano, Italy
PART I
THE CRIMINALISATION OF MIGRATION: FRAMING THE DEBATE
1. Assessing Migration Management and the Role of Criminal Law
Elspeth Guild, Queen Mary University of London, UK
2. The Criminalisation of Migration in the Law of the European Union: Challenging the Preventive Paradigm
Valsamis Mitsilegas, Queen Mary University of London, UK
3. Global Trends in 'Crimmigration' Policies: From the EU to the USA
Gian Luigi Gatta, Universita degli Studi di Milano, Italy
4. The Connections between Migration, Crime and Punishment: Historical and Sociological Questions
Dario Melossi, Universita di Bologna, Italy
5. Current Trends, Numbers and Routes in EU Migrations: Is Existing Legislation Creating More Irregularity?
Maria Giovanna Manieri, European Parliament
PART II
THE CRIMINALISATION OF MIGRATION: NATIONAL, EUROPEAN AND COMPARATIVE PERSPECTIVES
6. Crimmigration in Spain
Jose A Brandariz, University of A Coruna, Spain
7. Ethnicity Based Immigration Checks: Crimmigration and the How of Immigration and Border Control
Maartje van der Woude, Leiden University, Netherlands
8. Crimmigration in Greece: A Story of Exceptional Derogations from the Rule of Law within a Permanent Situation of Emergency
Nikolaos Chatzinikolaou, Lawyer specialising in Criminal Law, Thessaloniki, Greece
9. Immigration Detention between Law and Practice in Italy: Managing the Border Through Arbitrary Detention
Francesca Cancellaro, Universita della Tuscia
10. Detention as a Tool of Immigration and Asylum Enforcement in the EU
Justine N Stefanelli, American Society of International Law, USA
PART III
WHO IS TO BLAME? SMUGGLING, HUMANITARIAN ASSISTANCE AND HUMAN RIGHTS VIOLATIONS
IN THE MEDITERRANEAN AREA
11. Is that a Smuggler?: The Blurring Line between Facilitating Illegal Immigration and Providing Humanitarian Assistance at the European Borders
Stefano Zirulia, Universita degli Studi di Milano, Italy
12. Reversing the Perspective: Criminal Responsibility of Italian Authorities for Human Rights Violations in Libya?
Luca Masera, Universita di Brescia, Italy
