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Karyn L. Wiseman, I Refuse to Preach a Boring Sermon! Engaging the 21st Century Listener
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Discipline and Punish? Analysis of the Purposes of Immigration Detention in Europe
Get PDFPre-removal detention is usually considered an administrative measure aimed at the facilitation of the removal of irregular migrants by preventing them from absconding during removal proceedings. The administrative nature of immigration detention implies that persons subject to this measure do not have access to the fair trial guarantees that criminal detainees are entitled to. However, the assessment of pre-removal detention under European Union and Swiss legislation demonstrates the penal nature of such detention despite its formal administrative classification. The penal nature of immigration detention is most easily revealed by the explicit deterrent—if not punitive—function it is supposed to fulfill in order to force foreigners to cooperate in their own removal procedure. Moreover, this penal nature may also be deducted from the more implicit purpose of immigration detention to punish irregular migrants and asylum seekers for criminal offences. The discrepancy between the administrative label of immigration detention and its punitive nature should be remedied. Arguably, the use of pre-removal detention should be limited to a truly administrative purpose, i.e. for very short periods of time allowing the state to prevent concrete risks of absconding once removal is about to be enforced. Alternatively, if the existing legal framework fails to prevent the use of immigration detention according to disciplinary or punitive functions, immigration detainees should be afforded guarantees comparable to those applied in criminal proceedings
Timothy H. Sherwood, The Rhetorical Leadership of Fulton J. Sheen, Norman Vincent Peale, and Billy Graham in the Age of Extremes
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Paul S. Chung, Church and Ethical Responsibility in the Midst of World Economy: Greed, Dominion, and Justice
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William Faulkner's Ibero-American Novel Project: The Politics of Translation and the Cold War
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“I Am Eighteen, Why Am I Inside Here?”. A Reflection Upon the Detention and Criminalisation of Migrants under Italian Administrative Law
No full textThis article analyses the evolution in Italian migration law relating to immigration detention with the purpose of demonstrating the incompatibility of administrative detention with the European human rights framework and the fundamental principles of the Italian constitutional and administrative law. The authors make reference to first-hand testimonies from their own prior interview-based research into Turin’s immigration detention centre; a case study which is symptomatic of systemic issues found throughout the Italian administrative detention system. By reflecting upon the practical application of the law, the article demonstrates that immigration detention intentionally ignores many of the philosophical underpinnings of the Italian administrative law system. Moreover, immigration detention illustrates the discrepancies between the administrative and criminal judicial systems, as third-country nationals who risk losing their liberty due to administrative detention do not have access to the same procedural safeguards and rights protection which are guaranteed to those who risk losing their liberty due to alleged criminal conduct. The Italian case study raises broader questions as to whether the administrative detention system might be accurately described as an “illegality regime” as defined by Amaya-Castro (2011); this article explores whether it might be apt to differentiate the notion of illegality regime with a new concept of “un-legality regime”