ENGLISH

The Treatment of Immigrants in the European Court of Human Rights: Moving Beyond Criminalisation

By Amanda Spalding

Book information

Publisher
Hart Publishing
Year
2022
ISBN
9781509947409, 9781509947430, 9781509947423
Language
english
Format
PDF
Filesize
7 MB (7250448 bytes)
Pages
\229
Time added
2023-05-22 04:51:25

Description

Over the last twenty years, states across Europe have increasingly criminalised immigration. Criminal law, criminal justice style practices and discourse have all become intertwined with immigration control, representing a new threat to the human rights of immigrants. This book examines the adequacy of the European Court of Human Rights’ response to this development. Reviewing the Court’s case law on deportation, removal and immigration detention, it makes an original contribution to the growing study of ‘crimmigration’. Acknowledgements Contents Table of Cases Table of Legislation Introduction I. Immigrants are being Undercriminalised II. Book Structure 1. The Criminalisation of Immigration in Europe I. The Intertwining of Criminal Law and Immigration Law II. The Use of Criminal Justice Practices in Immigration Control III. The Media Discourse Surrounding Immigration IV. Moving Beyond Criminalisation V. Conclusion 2. The Right to Liberty I. The Use of Immigration Detention II. An Overview of the Right to Liberty III. The Test for Criminal Detention IV. The Test for Immigration Detention V. Any Real Protection against Arbitrariness? VI. Conclusion 3. The Right to Liberty: Criminal Limb I. The Use of Deportation and Administrative Removal II. An Overview of Article 6 III. The Applicability of Article 6 to Immigration Decisions IV. Are Immigration Measures (Sometimes) Criminal Penalties? V. Conclusion 4. The Civil Limb of the Right to a Fair Trial I. Criminalisation and Immigration Decision-Making Procedures II. An Overview of the Civil Limb of the Right to a Fair Trial: Civil Rights and Obligations III. The Applicability of the Civil Limb of Article 6 to Immigration Decisions IV. Inconsistencies and Interpretations V. Conclusion 5. The Prohibition on Torture, Inhuman and Degrading Treatment I. Criminalisation and the Return of Foreign Nationals II. An Overview of the Prohibition on Torture, Inhuman and Degrading Treatment III. Exceptions for Immigrants? IV. Conclusion 6. Moving Beyond Criminalisation: A Two-Tier System I. A Two-Tier System II. How Did the Two-Tier System Come into Being? III. Repercussions of the Two-Tier System: Discrimination IV. Repercussions of the Two-Tier System: The Erosion of Rights V. Conclusion Conclusion I. Moving Forward Bibliography Index

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