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Forced Mobility of EU Citizens: Transnational Criminal Justice Instruments and the Management of 'Unwanted' EU Nationals

Forced Mobility of EU Citizens: Transnational Criminal Justice Instruments and the Management of 'Unwanted' EU Nationals

Author: José García, Brandariz; Witold Klaus; Agnieszka Martynowicz
Publisher: Routledge
ISBN: 9781032184531
Published In: June 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations.

The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of ‘justice’ behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals.

With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.

Transnational criminal justice instruments and the management of ‘unwanted’ EU nationals: An introduction

José A. Brandariz, Witold Klaus and Agnieszka Martynowicz

Chapter 1: Foiled Transnational Justice? An exploration on the failures of EU judicial cooperation procedures

José A. Brandariz

Chapter 2: Enhancing social rehabilitation or finding a back door to reduce prison overcrowding? The failed implementation of FD 909 in Italy

Valeria Ferraris

Chapter 3: Transfer for rehabilitation?

Gabriel Oancea and Theodora E.D. Ene

Chapter 4: The meaning of ‘just punishment’ and the role of courts in transnational criminal justice procedures

Witold Klaus

Chapter 5: Judicial cooperation vs. migration control. Critical reflections on the implementation of grounds for refusing the execution of a European Arrest Warrant for residents and stayers: European trends and insights from Italy

Stefano Montaldo

Chapter 6: Is the EAW efficient? Assessment of the European Arrest Warrant procedure based on opinions of Polish criminal justice practitioners

Justyna Włodarczyk-Madejska and Dominik Wzorek

Chapter 7: Abruptly interrupted lives: The effects of executing the European Arrest Warrant procedures on Polish emigrants

Witold Klaus, Justyna Włodarczyk-Madejska and Dominik Wzorek

Chapter 8: Conditional residence - prisons and beyond: how ‘criminality’ shapes uncertain futures in the times of crimmigration

Agnieszka Martynowicz

Chapter 9: Schengen as a European criminal justice instrument – the power of evaluation

Martin Nøkleberg and Helene O.I. Gundhus