Full Description
Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.
Contents
Abbreviations
Introduction
Part 1: Criminalising Movement
1 New Experiences in Investigating and Prosecuting Migrant Smuggling: From the Italian Approach to the European Dimension
Simona Ragazzi
2 Criminalising Solidarity? Smugglers, Migrants and Rescuers in the Reform of the 'Facilitators' Package'
Chiara Maria Ricci
3 A Human Rights Approach to Extremely Vulnerable People: Challenges and Feasibility in Assessing Smuggled Migrants
Kinga Janik
Part 2: (Non-)Access to Protection
4 Balancing the SAR Responsibilities of States and Shipmasters
Richard L Kilpatrick, Jr and Adam Smith
5 Crossing the Mediterranean Sea: EU Migration Policies and Human Rights
Evelien Wauters and Samuel Cogolati
6 Legal Narratives of the EU External Action in the Field of Migration and Asylum: From the EU-Turkey Statement to the Migration Partnership Framework and Beyond
Daniela Vitiello
Part 3: A Union of Solidarity?
7 The European Border and Coast Guard in Need of Solidarity: Reflections on the Scope and Limits of Article 80
Herbert Rosenfeldt
8 The Dublin Saga and the Need to Rethink the Criteria for the Allocation of Competence in Asylum Procedures
Marcello Di Filippo
9 Uniformity, Responsibility and Solidarity in the Common European Asylum System (CEAS): A 'Constitutional' Solution
Francesco Cherubini
Part 4: The Politics and Policies of Coercion
10 The EU Refugee Crisis and the 'Third-Phase' Asylum Legislation - The End of the Harmonization Approach or Its Revival?
Giulia Vicini
11 EU and US Border Policy: Externalisation of Migration Control and Violation of the Right to Asylum
Sabrineh Ardalan
12 'Recasting' Detention of Asylum Seekers: Human Rights Law, EU Law and Its Application in Bulgaria
Vladislava Stoyanova
Index
