Overview

This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.

Full Product Details

Author:   Gian Luigi Gatta ,  Valsamis Mitsilegas ,  Stefano Zirulia
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.608kg
ISBN:  

9781509933921

ISBN 10:   1509933921
Pages:   312
Publication Date:   14 January 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction Gian Luigi Gatta, Universita degli Studi di Milano, Italy, Valsamis Mitsilegas, Queen Mary University of London, UK and Stefano Zirulia, Universita degli Studi di Milano, Italy PART I THE CRIMINALISATION OF MIGRATION: FRAMING THE DEBATE 1. Assessing Migration Management and the Role of Criminal Law Elspeth Guild, Queen Mary University of London, UK 2. The Criminalisation of Migration in the Law of the European Union: Challenging the Preventive Paradigm Valsamis Mitsilegas, Queen Mary University of London, UK 3. Global Trends in ‘Crimmigration’ Policies: From the EU to the USA Gian Luigi Gatta, Universita degli Studi di Milano, Italy 4. The Connections between Migration, Crime and Punishment: Historical and Sociological Questions Dario Melossi, Universita di Bologna, Italy 5. Current Trends, Numbers and Routes in EU Migrations: Is Existing Legislation Creating More Irregularity? Maria Giovanna Manieri, European Parliament PART II THE CRIMINALISATION OF MIGRATION: NATIONAL, EUROPEAN AND COMPARATIVE PERSPECTIVES 6. Crimmigration in Spain Jose A Brandariz, University of A Coruna, Spain 7. Ethnicity Based Immigration Checks: Crimmigration and the How of Immigration and Border Control Maartje van der Woude, Leiden University, Netherlands 8. Crimmigration in Greece: A Story of Exceptional Derogations from the Rule of Law within a Permanent Situation of Emergency Nikolaos Chatzinikolaou, Lawyer specialising in Criminal Law, Thessaloniki, Greece 9. Immigration Detention between Law and Practice in Italy: Managing the Border Through Arbitrary Detention Francesca Cancellaro, Universita della Tuscia 10. Detention as a Tool of Immigration and Asylum Enforcement in the EU Justine N Stefanelli, American Society of International Law, USA 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 Stefano Zirulia, Universita degli Studi di Milano, Italy 12. Reversing the Perspective: Criminal Responsibility of Italian Authorities for Human Rights Violations in Libya? Luca Masera, Universita di Brescia, Italy

Reviews

The chapters are carefully selected and take up the topic in a very detailed manner. They are well connected and well-tuned, without being overly repetitive. Instead, the reader gains an insightful understanding of international, European, and national legislation at the intersection of criminal and migration law. -- Lisa Marie Borrelli * Criminal Law and Criminal Justice Books *

Author Information

Gian Luigi Gatta is Professor of Criminal Law, Università degli Studi di Milano. Valsamis Mitsilegas is Professor of European Criminal Law and Global Security, Queen Mary University of London. Stefano Zirulia is Assistant Professor of Criminal Law, Università degli Studi di Milano.

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