Contents
List of Contributors
Introduction
Part I: The Criminalisation of Migration: Framing the Debate
1. Assessing Migration Management and the Role of Criminal Law
I. Introduction
II. The Palermo Protocols and their Relationship with Migration
III. The Palermo Protocols: What Role for Human Rights?
IV. The Global Compact Migration: Safe Travel and the Palermo Protocols
V. Conclusions
2. The Criminalisation of Migration in the Law of the European Union: Challenging the Preventive Paradigm
I. Introduction
II. The Criminalisation of Human Smuggling
III. The Criminalisation of Irregular Entry,Transit and Re-Entry
IV. Conclusion
3. Global Trendsin 'Crimmigration' Policies: From the EU to the USA
I. ‘Crimmigration’, i.e. the Merging of Criminal and Immigration Laws: Three Strategies
II. First Strategy: Criminal Law Consequences for Immigration Law Breaches
III. Second Strategy: Immigration Law Consequences Ensuing from Criminal Convictions
IV. Third Strategy: Implementation of Criminal Penalties and Proceedings for Immigration Law Purposes
V. Concluding Remarks: A Problem Concerning Fundamental Human Guarantees and Rights Overlapping with Criminal Law, i.e. the Prohibition against Borrowing Protection Measures and Tools from the Criminal Justice System without Implementing Equivalent Substantive and Procedural Guarantees
4. The Connections between Migration, Crime and Punishment: Historical and Sociological Questions
I. Introduction
II. Savage Others
III. Sociology, Migration and Crime
IV. The Double Dark Figure of Migrants’ Crime
V. Lack of Documentation and Overrepresentationof Migrants in the Criminal Justice System
VI. Race and Migration
VII. Demography, Globalisation, Migration and Neo-Nationalism
5. Current Trends, Numbers and Routes in EU Migrations: Is Existing Legislation Creating More Irregularity?
I. Introduction
II. Setting the Scene: Current Trends, Numbers and Routes in EU Migrations
III. Managing Irregular Migration and the Impact of EU Migration and Asylum Policies: A Warning against Unwarranted Effects
IV. Conclusions
Part II: The Criminalisation of Migration: National, European and Comparative Perspectives
6. Crimmigration in Spain
I. Introduction
II. The Deportation Gap and the Crimmigration Thesis
III. Crimmigration and Deportation Changes: Two National Cases
IV. The Crimmigration Turn of the Spanish Deportation Regime
V. Conclusion
7. Ethnicity Based Immigration Checks: Crimmigration and the How of Immigration and Border Control
I. Introduction
II. Europe’s ‘Open’ Borders
III. Crimmigration and the How of Immigration and Border Control
IV. The Dutch Approach Towards Article 23 SBC
V. Ethnicity and Race as Problematic Indicators for Immigration Control?
VI. Concluding Reflections
8. Crimmigration in Greece: A Story of Exceptional Derogations from the Rule of Law within a Permanent Situation of Emergency
I. Main Features of Greek Criminal Law
ΙΙ. Turning Points of Criminal Suppression of Irregular Migration in Greece
III. Aberration from General Principles
IV. Human Rights under Pressure of Criminal Suppression
V. Conclusions
9. Immigration Detention between Law and Practice in Italy: Managing the Border Through Arbitrary Detention
I. Introduction
II. The Khlaifia Case
III. The Execution of the Khlaifia Judgment
IV. A Test for the Law: The Authorities’ Practice within Hotspot Centres
V. The ‘Closed-Ports’ Policy and the ‘Security Decree-bis’
VI. Concluding Remarks
10. Detention as a Tool of Immigration and Asylum Enforcement in the EU
I. Introduction
II. The EU as a Regulator of Detention and Protector of Liberty
III. Detention of Asylum Seekers
IV. Detention of Third-Country Nationals Subject to Return
V. Conclusion
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
I. Introduction
II. The European Obligations to Criminalise the Facilitation of Illegal Immigration (‘Facilitators Package’)
III. The Implementation of the Facilitators Package by the Member States
IV. Case Studies on the Criminalisation of Assistance and Rescue Activities
V. The Unsustainability of the European System to Combat the Facilitation of Illegal Immigration
VI. Proposals for Reform
VII. Challenging the Legality of Legislations Criminalising the Assistance to Undocumented Migrants and Asylum Seekers
VIII. Concluding Remarks
12. Reversing the Perspective: Criminal Responsibility of Italian Authorities for Human Rights Violations in Libya?
I. A Provocative Viewpoint: The Criminal Liabilityof Italy’s Top Leadership for the Crimes Perpetrated in Libya against Migrants
II. The Situation in Libya: The Criminal Liability of Libyan Agents or Agents Acting Directlyin the Libyan Centres
III. Liability before the ICC and its Complementarity with National Jurisdictions
IV. The Liability before the National Criminal Justice System and the Problem of the Legal Qualification of the Fact
V. Conclusions
Index