Changing Practices Regarding the Implementation of Entry Bans in Belgian Migration Policy Since 1980

Ridder, Steven De; Woude, Maartje van der

doi:10.1007/978-3-319-24690-1_10

Cited by 2 publications

(3 citation statements)

References 8 publications

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“…Understanding why and how these decisions and negotiations are made brings to the fore the concept of discretion in decision making (Dörrenbächer & Mastenbroek, 2019;van der Woude, 2016;van der Woude, 2019). Whereas the fluid concept of discretion is only briefly mentioned in Moffette and Pratt's (2020) article, it is argued here that, because of the decision making involved in the games of jurisdictions, paying attention to the scholarship focusing on street-level bureaucracy and discretion is essential to foster a deeper understanding of the dynamics of governance.…”

Section: A Combination Of Games Of Jurisdictions and Discretionary De...mentioning

confidence: 99%

“…First, the illegal stay on the territory is criminalized in Belgium with a prison sentence and a fine, or a combination of both (article 75 of the Law on Foreigners of 15 December 1980). Nevertheless, this possibility is rarely used as research showed that Belgian courts scarcely sentence migrants on the sole basis of a violation of immigration law (see De Ridder & van der Woude, 2016). Second, the Foreigner's Office can decide to issue an “Order to leave the territory” which can also be combined with an “administrative detention in view of expulsion” under certain conditions related to the individual situation of the migrant and/or the capacity of the detention center.…”

Section: Governing Migrant Smuggling In Belgium: a Multilayered Issuementioning

confidence: 99%

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Jurisdictional games and decision making: The Belgian approach in dealing with migrant smuggling

Rebetz

2023

Law & Policy

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The article presents a case study focusing on the Belgian approach to deal with migrant smuggling and more broadly on the governance of migrants in transit on its territory. Drawing from the literature on jurisdiction and scales and combining it with the scholarship on bureaucrats' decision making, the article sheds light on the messy dynamics and realities of legal governance of migrants transiting through Belgium in their journey to the United Kingdom. By focusing on the multilayered nature of the issue, the distinct legal regimes and the various actors involved, the article argues that the jurisdictional separation of the realms of criminal and administrative law enables a decision to mobilize a set of law over or in combination with another. The article explores the situation at the local and national scales and, as jurisdictions overlap and competences are scattered between distinct entities and actors, specific attention is paid to "passing the buck" behaviors and discourses which have substantial consequences for the situation of migrants in transit in Belgium. | INTRODUCTIONIn a European context, when thinking about (irregular) migration and migrant smuggling, images of overcrowded rubber boats crossing the Mediterranean Sea at the external European Union (EU) borders almost immediately come to mind. The situation at the internal borders of the Schengen Area, perhaps with the exception of Calais, appears to be less salient in the collective imagination. Nonetheless, in recent years, more scholarly attention has been devoted to "bordering practices" 1 occurring at the EU internal borders and its consequences for migrants (see Barbero, 2020;Tazzioli, 2020). Contributing to this body of scholarship, this article looks

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Section: A Combination Of Games Of Jurisdictions and Discretionary De...mentioning

confidence: 99%

Section: Governing Migrant Smuggling In Belgium: a Multilayered Issuementioning

confidence: 99%

Jurisdictional games and decision making: The Belgian approach in dealing with migrant smuggling

Rebetz

2023

Law & Policy

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“…To which a policy officer from a local police district (1) replied during the interview: ‘ all of that so that the Foreigner’s Office can deliver an order to leave the territory ’. As the capacity of administrative detention centers to place migrants is limited, migrants receive this administrative order in the majority of cases, which they throw in the nearby trash to then call their smugglers and start their journey again (Investigative Journalist; also see De Ridder & van der Woude, 2016 ).…”

Section: A More Complex Answer: Institutional Forces and Dynamics At ...mentioning

confidence: 99%

A socio-legal analysis of the Belgian protective legislation towards victims of aggravated forms of migrant smuggling

Rebetz

Woude

2022

Crime Law Soc Change

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As many scholars have shown, and other than what is suggested by their legal definition, migrant smuggling and human trafficking are not always easily distinguishable in reality. Acknowledging this grey area between the two phenomena, the Belgian legislature has introduced an alternative approach (referred to as ‘third-way approach’) which would offer migrants who have experienced ‘aggravated forms’ of migrant smuggling the same protective status that is usually strictly reserved for victims of human trafficking. Interestingly enough, migrants don’t seem inclined to make use of this procedure. Through a series of expert interviews, this article shines light on the perspective of key actors within the Belgian criminal justice system and migration control apparatus with regard to this third-way approach and its functioning in practice. In so doing, the article not only reveals how the proper functioning of this third-way approach is hindered by a series of organizational and institutional factors, but it also shows how the different actors are struggling with the inherent tension between the objectives of protecting state security and the protection of the needs of vulnerable groups in precarious life situations.

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Changing Practices Regarding the Implementation of Entry Bans in Belgian Migration Policy Since 1980

Cited by 2 publications

References 8 publications

Jurisdictional games and decision making: The Belgian approach in dealing with migrant smuggling

Jurisdictional games and decision making: The Belgian approach in dealing with migrant smuggling

A socio-legal analysis of the Belgian protective legislation towards victims of aggravated forms of migrant smuggling

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