RT Book
T1 Crimmigration and the return directive: fundamental rights, criminal sanctions and the legal position of the migrant
A1 Pahladsingh, Aniel 1976-
LA English
PP The Hague
PB Eleven
YR 2023
UL https://krimdok.uni-tuebingen.de/Record/1856306089
AB The EU Return Directive lays down minimum standards and procedures concerning the return of third-country nationals (non-EU nationals) illegally residing in a member state. To actually effectuate their return, the Return Directive provides for several instruments, such as the return decision, the entry ban and the possibility of detention. In this study, the author has researched the merger of criminal law with immigration law, known as the crimmigration phenomenon, in relation to the EU Return Directive. He has systematically assessed whether these EU instruments apply to the enforcement of these return rules and if they meet return policy or require adaptation in the light of primary and secondary EU law and the European Convention on Human Rights. In Crimmigration and the Return Directive crimmigration is explored from mainly three perspectives: the balance between the effective measures and the fundamental rights of the migrant, the legitimacy of criminal sanctions and the legal position of the migrant. EU Return Directive plays an important role in the enforcement of the EU return provisions that are based on criminal and semi-criminal rules. Member states are obligated to respect the fundamental rights of the illegal third-country national. However, there are two serious bottlenecks regarding the application of the current Return Directive: the fundamental rights protection for illegal third-country nationals is not fully developed, and criminal law safeguards and principles have a limited role. The research outcomes aim to benefit the primary actors involved with the Return Directive: the judiciary (CJEU, ECtHR and national courts), the Union legislature, the national legislatures and national authorities, advocacy, NGOs and the migrant
AB Preface xi 1 Introduction -- 2 The Concept of Crimmigration Law -- 3 Analysis of the Return Directive -- 4 Analysis of the Return Decision -- 5 Analysis of the Entry Ban -- 6 Analysis of Detention -- 7 Final Conclusions -- Bibliography
CN KJE6050
SN 9789462128132
K1 European Parliament : Directive 2008/115/EC
K1 Emigration and immigration law : Government policy : European Union countries
K1 Noncitizens : European Union countries
K1 Detention of persons : European Union countries
K1 Deportation : European Union countries
K1 illegal immigration : European Union countries
K1 Europäische Union : Rückführungsrichtlinie : Illegaler Einwanderer
K1 Zuwanderungsrecht : Abschiebung : Illegaler Einwanderer