Immigration Detention, Risk and Human Rights Studies on Immigration
This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective o
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ration Detention, Risk and Human Rights Studies on Immigration and Crime
Immigration Detention, Risk and Human Rights
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Maria Jo~ao Guia • Robert Koulish • Valsamis Mitsilegas Editors
Immigration Detention, Risk and Human Rights Studies on Immigration and Crime
Editors Maria Jo~ao Guia Coimbra, Portugal
Robert Koulish College Park, Maryland USA
Valsamis Mitsilegas Department of Law Queen Mary University of London London, United Kingdom
ISBN 978-3-319-24688-8 ISBN 978-3-319-24690-1 DOI 10.1007/978-3-319-24690-1
(eBook)
Library of Congress Control Number: 2016931369 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com)
Preface
In recent years, with the European Union, the Schengen space and the space of Security, Freedom and Justice in force, European law converged to measures aiming to fight irregular immigration, rising in Europe. Some of the measures taken included the criminalisation of entering illegally in a certain member state or remaining illegally there after a legal entrance. Most of the European member states have this measures installed, except Portugal, Spain and Malta (which do not criminalise the illegal entrance and permanence of migrants, neither with a fine nor with an imprisonment—even though Spain does criminalise illegal permanence) and France, which does not criminalise illegal permanence but only entrance (FRA, 2014: 4–5). In fact, the Returns Directive (2008/115/EC) states in its article 15 that third-country migrants may be held in detention up to 6 months, a period that may extend to a maximum of 18 months. This procedure must follow a set of legal procedures, but it is always a moment of privation of individual freedom, which carries on over the migrant’s shoulders the weight of th
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