Between Criminalization And Protection
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Criminalization Of Migration At Eu And Ms Level The Role Of Fundamental Rights
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Author : Arne Millahn
language : en
Publisher: GRIN Verlag
Release Date : 2016-03-07
Criminalization Of Migration At Eu And Ms Level The Role Of Fundamental Rights written by Arne Millahn and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-07 with Law categories.
Seminar paper from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: 2, University of Twente , course: European Union Law, language: English, abstract: Third-Country Nationals (TNCs) have a distinct legal standpoint in the Treaties as part of the Area of Freedom, Security and Justice (AFSJ). Within the more general context of the often mentioned conflict between Freedom and Justice, on the one hand, and Security, on the other, one can more specifically view the TNCs’ situation as being determined by the balance between the interest of the state to maintain public security and the rights of the individual. The sociological discourse has claimed that migration is perceived as a threat to national sovereignty, a perception that should predominantly shape the “management of migration flows”. This policy has been termed a ‘securitization’ of migration. Both on the EU level and on the MS level the policy paradigm has resulted in the criminalization of irregular migration, which has been conceptualized as ‘crimmigation’ in the literature. On the EU level this has taken the form of efforts to deport migrants from the Union’s territory. This paper will focus on Directive 2008/115/EC (the Returns Directive). Besides the developments at EU level, the MSs have retained and excluded the Union’s competences from measures concerning national security. According to Article 72 TFEU, the EU may not impose measures on MSs within the AFSJ that affect “the maintenance of law and order and the safeguarding of internal security”. On this basis, several MSs have enacted additional legislation that imposes criminal sanctions on irregular migrants. This has led to conflicts before the ECJ about their compatibility with EU law. The two countries in this regard were France and Italy. The criminalization of migration in these countries is therefore of special interest to this paper. The irregular TNC thus faces a migration regime that is largely determined on the MS level but coordinated to a certain extent at the EU level. First of all this has implications for the extent of his criminalization. Within the overlap of EU and national competence in this field, to what extent can MSs impose additional sanctions on irregular migrants? Secondly this concerns the scope of Fundamental Rights. To what extent are MSs allowed to intrude on the personal liberty of the TCN in the control of migration?
Cahiers De La Femme
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Author :
language : en
Publisher:
Release Date : 2004
Cahiers De La Femme written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Feminism categories.
The Protection Of Human Rights In The Administration Of Criminal Justice
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Author : M. Cherif Bassiouni
language : en
Publisher: Brill Nijhoff
Release Date : 1994
The Protection Of Human Rights In The Administration Of Criminal Justice written by M. Cherif Bassiouni and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Facing the Death Penalty
University Of Pennsylvania Law Review
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Author : University of Pennsylvania. Law School
language : en
Publisher:
Release Date : 1979
University Of Pennsylvania Law Review written by University of Pennsylvania. Law School and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Electronic journals categories.
Women And The Law
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Author : Libby S. Adler
language : en
Publisher:
Release Date : 2008
Women And The Law written by Libby S. Adler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Organized around three central topics of work, family, and body, this book reflects a multiplicity of feminist stances and critiques. Highlights include treatment of same-sex marriage developments; sustained treatment of perspectives and problems affecting women of color; contemporary assessments of sexual harassment law; expanded treatment of women and the labor market, the economics of divorce, pornography, and prostitution; federal civil rights and state tort law responses to domestic violence; and current regulation of women's reproductive decisions and critiques of reproductive technologies.
The Refugee Convention At Fifty
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Author : Joanne van Selm
language : en
Publisher: Lexington Books
Release Date : 2003-03-19
The Refugee Convention At Fifty written by Joanne van Selm and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-03-19 with Social Science categories.
Prompted by the fiftieth anniversary of the 1951 Convention Relating to the Status of Refugees, this volume collects essays by scholars from a wide range of disciplines, NGO staff, international organization professionals, and national-level policy makers. The contributors examine the impact of this legal document on forced migrants, the states they migrate from and to, and the societies they join and leave behind.
Sex Drugs Death And The Law
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Author : David A. J. Richards
language : en
Publisher: Rl Innactive Titles
Release Date : 1982
Sex Drugs Death And The Law written by David A. J. Richards and has been published by Rl Innactive Titles this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
Among the most commonly argued legal questions are those involving 'victimless' crimes consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
United States
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Author : Human Rights Watch (Organization)
language : en
Publisher:
Release Date : 2003
United States written by Human Rights Watch (Organization) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Gay military personnel categories.
Wisconsin International Law Journal
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Author :
language : en
Publisher:
Release Date : 2006
Wisconsin International Law Journal written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Comparative law categories.
Michigan Journal Of International Law
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Author :
language : en
Publisher:
Release Date : 2011
Michigan Journal Of International Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with International law categories.