CONTENTS
1. Conceptualising the Criminalisation of Migration
References.
2. Before Entry: Criminalisation as Prevention
2.1 Introduction
2.2 The Rise of Extraterritorial Immigration Control
2.3 Delegation of Immigration Control to Specialised Agencies: The Case of FRONTEX
2.3.1 The 2004 FRONTEX Regulation
2.3.2 The 2007 RABITS Regulation
2.3.3 The 2011 FRONTEX Regulation
2.3.4 FRONTEX and Rules on Sea Border Operations and Search and Rescue at Sea
2.4 Delegation and the Privatisation of Immigration Control
2.4.1 Carriers' Liability
2.4.2 The Collection and Transfer of Passenger Name Record (PNR) Data.
2.5 Immigration Control as Security Governance
2.5.1 Migration and Security in EU Law and Policy
2.5.2 The Visa Information System
2.5.3 The Entry-Exit System and Registered Traveller Programme
2.5.4 EUROUR
2.5.5 Pre-emptive Surveillance, Privacy and the Rule of Law
2.6 Conclusion
References
3 In the Territory: The Use of Substantive Criminal Law to Regulate the Presence of Migrants
3.1 Introduction
3.2 The Criminalisation of Migration in the Law of the European Union
3.2.1 Criminalisation as Securitisation: The Criminalisation of Human Trafficking
3.2.2 Criminalisation as Securitisation The Criminalisation of the Facilitation of Unauthorised Entry Transit and Residence
3.2.3 Criminalisation as Privatisation: The Introduction of Employers' Sanctions
3.3 European Union Law as a Limit to the Criminalisation of Migration by EU Member States
3.3.1 The Limits of EU Law on National Criminal Law
3.3.2 The Limits of EU Migration Law on National Criminal Law-the El Dridi Ruling.
3.3.3 The Limits of EU Migration law on National Criminal Law-the Case of Achughbabian
3.3.4 The Limits of EU Migration Law on National Criminal Law-the Case of Sagor
3.3.5 The Compatibility of National Criminal Sanctions with the Returns Directive in the Context of the Imposition of Re-entry Bans-Filev and Osmani
3.4 Conclusion: The Protective Function of European
Union Law
References
4 After Entry: Criminalisation as Risk Management,Detention and Removal
4.1 lntroduction
4.2 The Exclusion of Asylum-Seekers.
4.2.1 Exclusion from Refugee Status.
4.2.2 Intra-EU Transfers of Asylum-Seekers: The Dublin Regulation
4.2.3 Removal of Asylum-Seekers Outside the EU: From the Management of Risk to the Safe
Third Country Concepts
4.3 Detention, Removal and the Management of Risk Under the Returns Directive
4.3.1 The Returns Directive: Background and Content
4.3.2 Detention and Risk Under the Returns Directive-the Case of Kadzoev
4.3.3 Detention and Asylum Under the Returns Directive-the Case of Arslan
4.3.4 Detention and Undocumented Migrants Under the Returns Directive-the Case of Mahdi
4.3.5 Detention and Defence Rights Under the Returns Directive-the Case of M.G.
4.3.6 Detention and Imprisonment Under the Returns Directive-the Cases of Thi Ly Pham and Brero and Bouzalmate
4.4 Conclusion.
References
5 Decriminalising Migration in EU Law: Upholding Human
Rights and the Rule of Law After Lisbon.