Human Rights of Irregular Migrants in the European Union

2021 ◽  
Author(s):  
Annalisa Morticelli
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Interesting Aspect ◽  
Irregular Migration ◽  
Irregular Migrants ◽  
Critical Issues ◽  
The Subject ◽  
Difficult Issue

The book addresses the difficult issue of irregular migration in the European Union, through a juridical reconstruction of the phenomenon starting from its origins. The interesting aspect is the understanding part between Italy and Germany, to understand the phenomenon in two different member countries, in order to grasp the main critical issues and identify virtuous behaviors in order to create a system that is as homogenous as possible at the level of the European Union. The researches were carried out in Italy and in Germany above all, through the analysis of legislative documents and the doctrine on the subject.

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.

The Secularism Debate and Turkey's Quest for European Union Membership

2008 ◽  
Vol 3 (1) ◽  
pp. 15-32 ◽  
Author(s):  
Edel Hughes
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Membership ◽  
The European Union ◽  
Islamic Revival ◽  
The Subject ◽  
Turkish State ◽  
Modern Turkey

AbstractThe potential accession of Turkey to the European Union is undoubtedly one of the Union's most contested prospective enlargements. Among the stated concerns are continuing problems surrounding Cyprus and Turkey's record in terms of fundamental human rights protections. The nature of the Turkish state and its current government, headed by the Islamic Refah Partisi, is also the subject of much discussion. This article traces the development of secularism in modern Turkey and outlines the effect that the Islamic revival is having on both Turkey and its attempts to join the ranks of the European Union.

scholarly journals New Legal Solutions in the Hungarian Criminal Law with Reference to the Fight against the Irregular Migration

2019 ◽  
Vol 4 (2) ◽  
pp. 44
Author(s):  
Robert Bartko
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Code ◽  
The European Union ◽  
Irregular Migration ◽  
Member States ◽  
Irregular Migrants ◽  
Criminal Procedure Law ◽  
General Section ◽  
Criminal Statistics

International migration has intensified during the last two decades. Europe has been receiving increasing number of migrants from the developing countries (primarily from the Near-East). The number of the irregular migrants entered the European Union reached unprecedented levels in the last four years. The mentioned phenomenon affected the European Union and the Member States as well. The irregular migration is defined and managed in different ways by the Member States. In 2015, when Hungary was in the centre of the migratory flow, a political decision on taking the necessary criminal measures to stop the irregular migrants was made by the Hungarian Government. The legal response concerned widely the Hungarian legal system. In the centre of the amendment were the criminal law and the criminal procedure law. Within the frame of the mentioned decision the Hungarian Criminal Code was amended with three new crimes which are the followings: damaging the border barrier, unlawful crossing the border barrier and obstruction of the construction work on border barrier. The above-mentioned amendment modified the general section of the Criminal Code as well concerning the irregular migration. The aim of the paper is to present on the one hand the solution of the Hungarian criminal law with special reference to the new statutory definitions using the analytical method and on the other hand the data of the Hungarian criminal-statistics as well. However, it shall be underlined that in our paper we could work only with the offical criminal-statistics for 2015-2017 because until the finishing of our study the Unified Hungarian Criminal Statistic of the Investigation Authorities and Prosecution did not summarize yet the data concerns the year of 2018.

scholarly journals Managing a Multiplicity of Interests

2020 ◽  
Vol 3 (1) ◽  
pp. 89-97
Author(s):  
Melissa Phillips
Keyword(s):  
European Union ◽  
Coast Guard ◽  
The European Union ◽  
Irregular Migration ◽  
Policy Makers ◽  
Irregular Migrants ◽  
Transit Country ◽  
Onward Migration ◽  
Crisis Narratives ◽  
External Actors

Libya is a significant transit country for irregular migration to Europe and is therefore the site of much effort by external policy makers, notably the European Union. External actors have been unable to formalize workable agreements with Libyan authorities to address or stop onward migration to Europe. Instead, they have been forced to develop arrangements with Libya’s neighboring countries to work around this impasse. This article examines the rhetoric behind efforts by individual European countries and the European Union to implement externally produced migration policies. From crisis narratives to invoking a humanitarian imperative to “save lives,” it is argued that these tropes justify various, at times competing, agendas. This results in almost no tangible improvement to the situation of irregular migrants or the capacity of authorities to deal with irregular migration, with one exception being that of the Libyan coast guard.

scholarly journals The Readmission Agreement of Turkey

2018 ◽  
Vol 8 (2SI) ◽  
pp. 571-581
Author(s):  
Evrim Çınar
Keyword(s):  
European Union ◽  
Civil Wars ◽  
Critical Role ◽  
The European Union ◽  
Irregular Migration ◽  
Irregular Migrants ◽  
State Security ◽  
Transit Migration ◽  
Migration Flows ◽  
Irregular Migrant

The irregular migration flows in the last decade from countries, where there are social unrest, civil wars and economic turmoil, towards developed western countries are one of the most populated human movements since the WWII. Hence each immigration flow has its own characteristics, the current irregular flows reveal a new migration outcome; the balance between State Security and Migrant Security. Since the migration policies are control based in some destination countries, they take precaution in order to reduce the irregular immigration flows by signing bilateral readmission agreements with 3rd countries. In that respect, Turkey and European Union relations in terms of irregular migration flows play a crucial and critical role due to its condition of transit migration state. The European Union accession process brought Turkey heavy duties. Controlling and preventing irregular migration became an obligation to its membership and to achieve its goals Turkey signed a readmission agreement with European Union. However, as any method of preventing irregular migration flows, Readmission Agreement of Turkey effect the balance between destination country security and irregular migrant security, especially refugees and asylum seekers rights. The main goal of this article is to find an answer to this question: does the Readmission Agreement of Turkey provide a balance between State Security and Migrant Security? This article intends to analyze the adverse security conditions of irregular migrants and state security compulsions.

scholarly journals Crónica de la jurisprudencia europea sobre igualdad (De 1/9/2017 a 31/8/2018) = Chronicle of the European case law on equality (from 1/9/2017 to 31/8/2018)

2019 ◽  
Vol 4 (2) ◽  
pp. 192
Author(s):  
Jean Jacqmain
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
Equal Treatment ◽  
The European Union ◽  
Derechos Humanos ◽  
Court Of Justice ◽  
European Court ◽  
The Subject

Resumen. El estudio aborda el análisis de las sentencias dictadas en aplicación del principio de igualdad de trato y oportunidades desde el 1 de septiembre de 2017 hasta el 31 de agosto de 2018 por el Tribunal de Justicia de la Unión Europea. También incluye sentencias y decisiones dictadas en ese periodo por el Tribunal Europeo de Derechos Humanos.Palabras clave: Tribunal de Justicia de la Unión de Europea, Tribunal Europeo de Derechos Humanos, Principio de igualdad de trato y de oportunidades.Abstract. This paper deals with the analysis of judgments related to the principle of equal treatment and opportunities and delivered from September 1, 2016 until August 31, 2017 by the Court of Justice of the European Union. It also includes judgments and decisions on the subject during this period issued by the European Court of Human RightsKeywords: Court of Justice of the European Union, European Court of Human Rights, Principle of equal treatment and opportunities.

scholarly journals Irregular Migration and Terrorism in the European Union—An Analysis Based on Reports of EUROPOL and FRONTEX

2019 ◽  
Vol 2 (1) ◽  
pp. 16
Author(s):  
Dr. Robert, Bartko
Keyword(s):  
European Union ◽  
Terrorist Attacks ◽  
The European Union ◽  
Irregular Migration ◽  
Legal Documents ◽  
Irregular Migrants ◽  
Law Enforcement Agency ◽  
Massive Number ◽  
The Relationship ◽  
European Statistics

<p><em>The international migration has intensified during the last two decades. The number of the irregular migrants entered the European Union reached unprecedented level between 2014 and 2018. From 2015 to nowadays the European Union experienced a massive number of casualties caused by terrorist attacks.</em><em> </em><em>These facts are reinforced by the data of the European criminal statistics as well. Having regard to that the terrorist attacks constitute one of the most serious violations of the human rights and fundamental freedoms on which the EU is founded, it is very important to deal with the relationship between the mentioned two phenomena. Although, </em><em>there is no evidence to declare that all of migrants are terrorist, however—it can be underlined-, the terrorists make use of migratory flows to enter into EU. It shall be emphasized that the phenomenon of the irregular migration is favorable to the terrorist organizations. The paper deals with the question of whether</em><em> </em><em>is there a connection</em><em> </em><em>between the irregular migration and the terrorism in the European Union, using European statistics of the European Law Enforcement Agency (EUROPOL) and the FRONTEX. Dealing with legal documents and analyzing them is not aim of this paper. </em></p>

scholarly journals Irregular Migration in the Context of Turkey and European Union Relations: Readmission Agreements

2020 ◽  
Vol 7 (2) ◽  
pp. 105-124
Author(s):  
Ali Erdem ◽  
Merve Atalay ◽  
Ferat Kaya
Keyword(s):  
European Union ◽  
Geographical Location ◽  
The European Union ◽  
Irregular Migration ◽  
Open Door Policy ◽  
Migration Routes ◽  
Syrian Crisis ◽  
Irregular Migrants ◽  
Migration History ◽  
The People

In its most general definiton, migration refers to the action of people moving from one place to another for various reasons. Today, millions of people participate in migration movements that have been encountered since the early periods of history. An important point in migration is the people who do not enter and are not in the land in accordance with the laws of the countries they migrate to. This type of immigration and immigrants, expressed by the terms "irregular immigration" and "irregular immigrant", point to a global problem. Millions of people who migrated after the Syrian Crisis have added a new dimension to the world's migration history. Turkey, which is bordered by the crisis and adopt the "open door policy" and The European Union, which is the most important target due to living conditions, is the parties most affected by the migration movements of this period. The migration movements directed towards them also mobilized the European Union. Indeed, in this context, Turkey which is located in the irregular migration routes and neighboring European Union, due to the immigrants it hosts and its geographical location, it can make various agreements with the European Union on immigration. Readmission Agreements, which regulate return of irregular migrants, are the most important common step towards irregular migration in the late relations of the two sides.

scholarly journals Unwelcome Guests: The Detention of Refugees in Turkey's "Foreigners' Guesthouses"'

Refuge ◽  
1969 ◽  
Vol 26 (1) ◽  
pp. 77-90 ◽  
Author(s):  
Rachel Levitan ◽  
Esra Kaytaz ◽  
Oktay Durukan
Keyword(s):  
European Union ◽  
Human Rights ◽  
Middle East ◽  
Asylum Seekers ◽  
The European Union ◽  
Legal Aid ◽  
Irregular Migration ◽  
Accession Process ◽  
Migration Flows ◽  
Asylum Seekers And Refugees

 As European countries bordering the Mediterranean have introduced increasingly harsh measures to stem the flow of irregular migration across their frontiers, Turkey has become one of the main crossroads for flows of migration from Africa, Asia, and the Middle East into Europe.At the same time, as part of Turkey’s accession process, the European Union has stepped up pressure on Turkey to prevent the movement of migrants, asylum seekers, and refugees into Europe.As a result of Turkey’s efforts to limit irregular migration flows, thousands of foreign nation­als without travel documents, refugees among them, are detained while attempting to either enter or exit the coun­try illegally.They are primarily held in detention centres, which are officially referred to as “foreigners’ guesthouses.” Turkey’s Ministry of Interior (MOI) severely limits access to detainees in these facilities by international and domestic NGOs and advocates.Helsinki Citizens’ Assembly Turkey (HCA), a leading human rights NGO based in Istanbul, has provided legal aid to refugees since 2004 through its Refugee Advocacy and Support Program.Based on inter­views conducted by HCA with forty refugees from seventeen countries, this report examines refugees’ access to proced­ural rights in detention, as well as conditions in “foreigners’ guesthouses.” It identifies gaps between reported practice and standards of treatment set forth in Turkish legislation and international guidelines on detention.

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