1,721,083 research outputs found
Crimmigration through Administrative Surveillance of Civil Society at the EU's External Borders
No full textThis chapter critiques the diminishing civic space for migration and asylum civil society organisations (CSOs) in Greece as an illustrative example of crimmigration through administrative surveillance. Specifically, we scrutinise a wave of registration requirements that target migration CSOs and their members in light of national constitutional law, as well as EU law, with an emphasis on fundamental rights and the rule of law. Overall, registration requirements have resulted in a major disincentive for CSOs to continue their activities in Greece, as they are unable to meet the disproportionate legal exigencies around registration. Organisations additionally face the wide discretionary power of national authorities in evaluating their supporting documentation, which constitutes a disproportionate limitation of their freedom of association. Perhaps the most visible challenge of the Greek registration framework concerns the registration of CSO members, who must provide a wide range of personal data, without corresponding data protection safeguards laid down in law. The registration framework has also indirectly affected the rights of migrants who, in an existing environment of underprovision, face additional limitations to accessing procedural rights and reception support. Finally, the registration framework, marked by legal uncertainty, raises broader rule of law adherence concerns
Intertwining Criminal Justice and Immigration Control in the EU:Theoretical, Interdisciplinary, and Practical Perspectives
No full textThis introductory chapter sheds light on the evolving criminalisation of migration, or ‘crimmigration’ and its consequences, with a focus on the European Union. Crimmigration broadly encompasses the entire arsenal of coercive measures stemming from the criminal justice system and available for immigration enforcement. The chapter conceptualises the criminalisation of migration with reference to its theoretical underpinnings at the intersection of law, criminology, and philosophy, before critiquing its origin and evolution. It then scrutinises the three facets through which crimmigration manifests: The use of substantive criminal law to regulate the presence of migrants, the banalisation of detention, and the transplantation of surveillance tools to manage migration. This scrutiny highlights key legal challenges crimmigration poses, in terms of legality, fundamental rights, and rule of law adherence. Overall, crimmigration fosters the expansion of state power, without, however, the commensurate transfer of due process protections for individuals from the criminal sphere into the immigration sphere, while human rights protection standards are significantly watered down. The analysis paves the way for the other contributions in the volume, which provide a contemporary understanding of the state of the art of “crimmigration” and ultimately challenge this paradigm of intersecting criminal justice and immigration control
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Immigration and Privacy in the Law of the European Union ::The Case of Information Systems /
No full textIn this book, Niovi Vavoula examines the privacy challenges raised by the establishment, operation and reconfiguration of EU-wide information systems that store personal data, including biometrics, of different categories of third-country nationals that may be used for various immigration related and law enforcement purposes. The monograph analyses both the currently operational databases - Schengen Information System (SIS), Visa Information System (VIS) and Eurodac - and forthcoming systems - Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) - as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts. "This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field." Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London
Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives
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Oxford Encyclopaedia of European Law - Ares of Freedom, Security and Justice
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Intertwining Criminal Justice and Immigration Control in the EU: Theoretical, Interdisciplinary, and Practical Perspectives
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One European legal framework for surveillance:The ECtHR’s expanded legality testing copied by the CJEU
No full textIn this chapter, we focus on developments with regard to the legality principle in the context of surveillance in the realm of criminal law and intelligence work by secret services. A more rigorous interpretation of the legality principle in post-Klass surveillance case law certainly qualifies as one of the most remarkable developments in the European Courts’ case law on surveillance. In particular, we will show that the strict approach towards the legality requirement enshrined in Article 8 ECHR and adopted by the ECtHR in Huvig v France in the context of telephone surveillance has been reapplied in all of the following judgments of the Strasbourg Court and even adopted by the CJEU in the context of other surveillance practices
Book Review: On the Doorstep of Europe - Asylum and citizenship in Greece by Heat Cabot
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The COVID-19 Pandemic as a Stress Test on the Right to Protection of Personal Data : The Case of Greece
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