Suchergebnisse

More than 30 years after its birth, the Schengen area of free movement is under siege in Europe: new barriers are being erected along land borders, military assets are increasingly deployed to patrol the Mediterranean, while sophisticated surveillance tools are used tokeep track of the flows of people crossing into European space. Bringing together perspectives from political geography, critical criminology and legal theory, Policing Mobility Regimes offers a systematic analysis of the impact that Frontex is having on migration control strategies at the EU level and offers a detailed empirical description of the agency's organization and operational activities. In addition, this book explores the meaning behind the attempt at developing a post-national border control strategy and what effect this might have on the geopolitics of Europe's borders. It contributes to the wider theoretical debate on the relationshipsamong migration, security and the transformation of borders in contemporary Europe. An accessible and compelling read, this book will appeal to all those engaged with criminology, sociology, geography, politics andlawas well asall those interested in learning about Europe's changing borders.

There are many histories of the police as a law-enforcement institution, but no genealogy of the police as a form of power. This book provides a genealogy of modern police by tracing the evolution of "police science" and of police institutions in Europe, from the ancien régime to the early 19th century. Drawing on the theoretical path outlined by Michel Foucault at the crossroads between historical sociology, critical legal theory and critical criminology, it shows how the development of police power was an integral part of the birth of the modern state's governmental rationalities and how police institutions were conceived as political technologies for the government and social disciplining of populations. Understanding the modern police not as an institution at the service of the judiciary and the law, but as a complex political technology for governing the economic and social processes typical of modern capitalist societies, this book shows how the police have played an active role in actually shaping order, rather than merely preserving it.--

This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs on request of the Parliament's Committee on Civil Liberties and Justice, aims to provide a detailed mapping and analysis of the central legal changes and issues characterising the five main legislative proposals accompanying the Pact on Migration and Asylum, presented by the Commission in September 2020. The legislative instruments under consideration include a new Screening Regulation, an amended proposal for an Asylum Procedures Regulation, an amended proposal revising the Eurodac Regulation, a new Asylum and Migration Management Regulation, and a new Crisis and Force Majeure Regulation. As a second step, the study provides a critical assessment of the five proposals as to their legal coherence, fundamental rights compliance, and application of the principle of solidarity and fair sharing of responsibility enshrined in Article 80 TFEU.

In September 2020, the European Commission published what it described as a New Pact on Migration and Asylum (emphasis added) that lays down a multi-annual policy agenda on issues that have been central to debate about the future of European integration. This book critically examines the new Pact as part of a Forum organized by the Horizon 2020 project ASILE – Global Asylum Governance and the EU's Role. ASILE studies interactions between emerging international protection systems and the United Nations Global Compact for Refugees (UN GCR), with particular focus on the European Union's role and the UN GCR's implementation dynamics. It brings together a new international network of scholars from 13 institutions examining the characteristics of international and country specific asylum governance instruments and arrangements applicable to people seeking international protection. It studies the compatibility of these governance instruments' with international protection and human rights, and the UN GCR's call for global solidarity and responsibility sharing. ASILE facilitates groundbreaking insights into the role and impacts of legal and policy responses – instruments – on refugee protection and sharing of responsibility from the perspective of their effectiveness, fairness and consistency with refugee protection and human rights. It does so through an examination and mapping of UN GCR actors – and their legal responsibilities and accountability – that have varying roles in the design and implementation of mobility and containment instruments applied to people in search of international protection across various world regions. The project studies the impacts of vulnerability and status recognition assessments – which often find expression in these same instruments and actors – on individuals' rights and refugees' agency. ASILE also aims at identifying lessons learned and 'promising practices' on refugee protection.

The aim of this article is to explore the peculiarity of Italian policies on immigration detention and their evolution over time. This will be done by highlighting the main factors that might explain the apparent political disinvestment in immigration detention in Italy, in particular in the years between 2013 and 2015, and account for the turnaround in approach announced and then implemented by the two Interior Ministers in charge between 2017 and 2019. The article uses the Italian case as an opportunity to explore the functions that are assigned to immigration detention in destination countries. In particular, it considers whether or not it can be argued that immigration detention in Italy has been "reinvented" (meaning that its functions have somewhat changed) as a consequence of the so-called "refugee crisis" and in light of Italy's specific position in the contemporary geopolitics of the EU's border control regime.

Over the last twenty years Italy has developed a complex policy model for the surveillance of its maritime borders. This model entails the involvement of different agencies, acting under their own peculiar mandate and rules of engagement, as well an expanding geopolitics of border controls, taking place into a wide frontier zone which expands from the high sea to the network of processing centres near main disembarkation points. Recent policy developments, such as the adoption of a code of conduct for NGOs vessels performing search and rescue in the Strait of Sicily, the controversial cooperation with Libyan authorities and the implementation of the so called 'hotspot approach', have increased public concerns in relation with the risk of migrants being denied the right to seek asylum, or suffering from arbitrary detention, excessive use of force or other ill treatments. The aim of this chapter is to explore extent to which existing judicial, disciplinary and political accountability procedures are sufficient to prevent, and eventually to sanction, human rights violations committed by immigration law enforcement and security agencies during border surveillance and screening procedures at disembarkation points.

The aim of this article is to explore the ambiguous legal status of immigration detention by discussing the main theoretical perspectives on its nature and the functions it plays in contemporary migration policies. After presenting a typological and genealogical reconstruction of immigration detention, the article contends that it should not be seen as being related either to the politics of 'exception' or to the expanding reach of 'penal' power in a context of mass migration. Instead, the argument presented here is that immigration detention exhibits the characteristics of preventive measures typically related to the exercise of police powers and that its increased role in migration policies should be read in the wider framework of the shifting boundaries between the 'penal' and the 'preventive' state in contemporary societies.