Decriminalising Migration in EU Law: Upholding Human Rights and the Rule of Law After Lisbon

Mitsilegas, Valsamis

doi:10.1007/978-3-319-12658-6_5

Cited by 13 publications

(15 citation statements)

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“…2013). This, in turn, has prompted not only developments in border control technology and strategies, but also an increased criminalization and targeting of human smugglers as part of deterrence policies (Mitsilegas 2014;Legomsky 2007, 679;Stumpf 2006, 367).…”

Section: "Normal Policymaking" In the Deterrence Paradigmmentioning

confidence: 99%

“…The marked increase in mixed migration flows in recent years has brought intense focus on criminalizing both irregular migration and those facilitating the process (Mitsilegas 2014;Legomsky 2007, 679;Stumpf 2006, 367). The non-arrival policies outlined above leave the vast majority of refugees with no choice but to turn to migrant smugglers and irregular entry in order to access asylum states.…”

Section: Criminalizationmentioning

confidence: 99%

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The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy

Gammeltoft‐Hansen

Tan

2017

JMHS

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Section: "Normal Policymaking" In the Deterrence Paradigmmentioning

confidence: 99%

Section: Criminalizationmentioning

confidence: 99%

The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy

Gammeltoft‐Hansen

Tan

2017

JMHS

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“…Migration systems are controlled in various degrees by four sectors of society: the government-public sector, the market sector, the non-profit sector, and the criminal sector (for example, by human traffickers or illegal employers) [90,91]. In addition, numerous factors in the public arena take the initiative -individuals, organizations, courts, manpower companies, Knesset (Israeli parliament) members, religious and community activists, collective intelligence, and various other agents.…”

Section: Bricolage Leadershipmentioning

confidence: 99%

Leadership in Migration Systems: The Case of Israel

Riss¹

2016

: Interdiscip. Descr. Complex Syst.

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The goal of this study is to depict the control processes in migration systems. In this article, a territorial migration system is understood to be a complex of migration streams related to a specific geographic region, embedded into a wider socio-economic system in its natural environment, and densely interacting with flows of information and matter passing through the area.The research has been done by using qualitative methods for examining relevant information from special and fiction literature, mass media, and Internet sources. The theoretical framework of this article is based on a systemic approach to analyze social phenomena.

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“…Such reconfigurations of power have had an impact on national legal frameworks with the effect of challenging international human rights principles. This has been theorised by Mitsilegas (2015b) as the emergence of the ‘law of the border’, which tests the ‘borders of law’ meaning the rule of law. Therefore the intervention of judiciaries in response to new configurations of power in crimmigration matters have been at the centre of academic debate (Legomsky, 2007; Aliverti, 2013; Aliverti & Bosworth, 2017).…”

Section: Introductionmentioning

confidence: 99%

Cycles of judicial and executive power in irregular migration

Marmo

Giannacopoulos

2017

CMS

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This article argues that power struggles between judiciaries and executives are fuelled by tensions of securitisation, border control and human rights over the issue of irregular migration. The article juxtaposes three paradigm court cases to render the argument concrete, focusing on two Australian High Court decisions (M70 v Minister for Immigration and Citizenship and CPCF v. Minister for Immigration and Border Protection & Anor) and one decision from the European Court of Human Rights (Hirsi Jamaa and Others v. Italy). An examination of these cases reveals each step of this cycle: the executive attempts to produce a buffer to avoid or minimise migrants’ protections and judicial review, yet such manoeuvring is countered by the judges. Following this, new steps of the cycle occur: governments display disappointment to courts’ interventions in an effort to discredit the exercise of judicial power while the judiciaries maintain the focus on the rule of law. And so the cycle continues. The key argument of this paper rests on the paradox resulting from the executive’s attempts to curb judicial intervention, because such attempts actually empower judiciaries. Comparing different jurisdictions highlights how this cyclical power struggle is a defining element between these two arms of power across distinct legal-geographical boundaries. By tracing this development in Australia and in Europe, this article demonstrates that the argument has global significance.

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Decriminalising Migration in EU Law: Upholding Human Rights and the Rule of Law After Lisbon

Cited by 13 publications

References 0 publications

The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy

The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy

Leadership in Migration Systems: The Case of Israel

Cycles of judicial and executive power in irregular migration

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