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

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

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

Author: Amanda Spalding
Publisher: Hart Publishing
ISBN: 9781509947447

Published In: January 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509947409

List Price: HKD 545.87

HKD 529.49 Save HKD 16.38 (3%)

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Description
Contents

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This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on 'crimmigration'.

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

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