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The Criminalisation of Migration in Europe
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 immig...
The Court of Justice and European Criminal Law
"The aim of this book is to provide an insight into the landmark rulings of the Court of Justice of the European Union (CJEU) in European Criminal Law (ECL). As in other areas of EU law, the decisions of the CJEU have been a motor of development and integration. This can be seen eg in the impact on EU primary and secondary law produced by the Greek Maize case, as well as the 2005 and 2007 decisions. By analysing the most important judgments of the Court in the area of criminal law, the book provides a diachronic and multifaceted picture of the EU's and the Court's approach to criminal law"--
Research Handbook on EU Criminal Law
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
EU Criminal Law
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC ...
EU Criminal Law After Lisbon
Introduction -- The constitutionalisation of EU criminal law after Lisbon -- Defining EU competence in substantive criminal law : from securitised to functional criminalisation -- The rocky road to European prosecution : caught between co-ordination and centralisation -- Mutual recognition and mutual trust in Europe's area of criminal justice : the centrality of fundamental rights -- Legislating for human rights: the EU legal framework on the rights of individuals in criminal proceedings -- The place of the victim in Europe's area of criminal justice -- The uneasy relationship between EU criminal law and citizenship of the Union -- The European Union and preventive justice. The case of terrorist sanctions -- Conclusion. Placing the individual at the heart of European criminal justice
Extraterritorial Immigration Control
This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.
Money Laundering Counter-measures in the European Union
The past fifteen years witnessed the emergence globally of a plethora of legislative measures aimed at countering money laundering. These developments have been inextricably linked with the growing international focus on newly perceived and/or prioritised global security threats such as organised crime and terrorism ' with money laundering counter-measures deemed essential to counter these threats. Taking these developments into account, this book examines in detail the evolution and content of money laundering counter-measures in the European Union. These measures constitute a new paradigm of security governance, achieved through three principal methods: criminalisation, consisting in the e...
Securitising Asylum Flows
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.
EU Law in Populist Times
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Policing Humanitarianism
Introduction -- Countering migrant-smuggling : the EU's policy approach -- The role of EU agencies in policing migrant-smuggling : EU home affairs agencies and national actors involved in anti-migrant-smuggling -- Anti-smuggling in national law and perceptions among civil society actors -- Effects of countering facilitation of entry : CSOs involved at external EU sea and land borders -- Humanitarian assistance in the context of the EU hotspots approach -- The effects of countering facilitation of residence : access to services and rights -- The three faces of policing the mobility society in the EU -- Conclusions
