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Izabella Majcher - Immigration Detention in the European Union: In the Shadow of the “Crisis”

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Izabella Majcher Immigration Detention in the European Union: In the Shadow of the “Crisis”

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This book offers a unique comparative assessment of the evolution of immigration detention systems in European Union member states since the onset of the refugee crisis. By applying an analytical framework premised on international human rights law in assessing domestic detention regimes, the book reveals the extent to which EU legislation has led to the adoption of laws and practices that may disregard fundamental rights and standards. While emphasizing policies and laws adopted in response to the refugee crisis, the volume also shows how these policies have evolvedand in many cases grown more restrictiveeven as the crisis has begun to recede from the borders of many European countries. To sharpen awareness of contrasting developments across the region, the books country chapters are organised into geographic sections that reveal how variations in migration pressures have in some cases resulted in contrasting detention practices even as the EU directives have sought to harmonise immigration laws. A critical focus of the book are the evolving domestic norms related to grounds for detention, length of detention, non-custodial alternatives to detention, the treatment of children, and conditions of detention. With its systematic and comparative assessment of immigration detention regimes across the EU, the book will be helpful for both academics and practitioners who seek a comprehensive guide to the evolution of one of todays more important human rights dilemmasstates efforts to control global migration.

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Volume 22 European Studies of Population Series Editors Elwood D Carlson Ctr - photo 1
Volume 22
European Studies of Population
Series Editors
Elwood D. Carlson
Ctr Demography & Population Health, Florida State University, Tallahassee, FL, USA
Stuart Gietel-Basten
Division of Social Science, Hong Kong University of Science and Technology, Kowloon, Hong Kong

The book series European Studies of Population (ESPO) aims at disseminating population research with special relevance for Europe. The series is multidisciplinary in character and includes both formal demographic analyses, as well as studies of the social, economic and other determinants and impacts of population trends. International comparison is of prime interest to ESPO, and both contemporary and historical perspectives may be applied. ESPO is open to methodological work and theoretical studies, as well as to studies that focus on the social and policy implications of demographic trends. The series includes monographs and edited volumes.

ESPO is published munder the auspices of the European Association for Population Studies (EAPS).

More information about this series at http://www.springer.com/series/5940

Izabella Majcher , Michael Flynn and Mariette Grange
Immigration Detention in the European Union
In the Shadow of the Crisis
Izabella Majcher Global Detention Project Geneva Switzerland Michael Flynn - photo 2
Izabella Majcher
Global Detention Project, Geneva, Switzerland
Michael Flynn
Global Detention Project, Geneva, Switzerland
Mariette Grange
Global Detention Project, Geneva, Switzerland
ISSN 1381-3579
European Studies of Population
ISBN 978-3-030-33868-8 e-ISBN 978-3-030-33869-5
https://doi.org/10.1007/978-3-030-33869-5
Springer Nature Switzerland AG 2020
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, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

This Springer imprint is published by the registered company Springer Nature Switzerland AG.

The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Acknowledgements

We would like to acknowledge the invaluable assistance we received from our talented colleagues at the Global Detention Project (GDP). In particular, we are deeply grateful for the inestimable contribution of Katie Welsford, the GDPs communications guru, whose editorial diligence and effectiveness was indispensable during the entire period of our research, writing, and production for this book. The outstanding work of GDP research fellows, Costanza Ragazzi, Agnese Zucca, and Inga Boecker, significantly deepened the scope and coverage of our own work; they left their mark on many of the pages in this volume. We are also very thankful to have had the assistance of Phoebe Kennan, who graciously devoted a large portion of her internship at the GDP during summer 2019 to helping us organise and layout the final draft of our manuscript. There is no doubt that this book would not have been completed without the efforts of these individuals.

We would also like to acknowledge the vital information and feedback that we received from countless research partners and interlocutors across Europe, who generously provided their time and insights as we struggled to understand the detention laws, policies, and practices in their countries. Although they are too numerous to mention here, you will find many of their names scattered across the pages of this book as they have been important sources for the GDPs work for many years.

We would like to give a special thanks to the GDPs key institutional partners, whose unflagging support for the organisation was a sine qua non for the production of this book: the Open Society Foundations (OSF), in particular OSF-Europe and the International Migration Initiative, the Oak Foundation, and the Swiss Federal Department of Foreign Affairs, Human Security Division.

Finally, we wish to express our gratitude to our families, for their encouragement and forbearance. Writing a book inevitably requires leaning on the shoulders of those closest to you.

Abbreviations
AA

Asylum Act

ACCEPT

Accept LGBT Group (Cyprus)

AGIPA

Act on Granting International Protection to Aliens (Estonia)

AI

Amnesty International

AIL

Aliens and Immigration Law (Cyprus)

AIDA

Asylum Information Database

AOB

Austrian Ombudsman Board

APPG

All Party Parliamentary Group (UK)

APT

Association for the Prevention of Torture

AVID

Association of Visitors to Immigration Detainees (UK)

ASGI

Association for Legal Studies on Immigration (Italy)

AWAS

Agency for the Welfare of Asylum Seekers (Malta)

BBAP

Bureau of Border and Aliens Police (Slovakia)

CAT

UN Committee Against Torture

CD

Chamber of Deputies (Italy)

CED

UN Committee on Enforced Disappearances

CEDAW

UN Committee on the Elimination of Discrimination Against Women

CERD

UN Committee on the Elimination of Racial Discrimination

CGLPL

Contrleur Gnral des Lieux de Privation de Libert (Controller-General for Places of Deprivation of Liberty) (France)

CIE

Centros de Internamiento de Extranjeros (Spain)

CIR

Italian Council of Refugees

CIT

Centros de Instalao Temporria (Portuguese Detention Centres)

CJEU

Court of Justice of the European Union

COE

Council of Europe

CPR

Portuguese Refugee Council

CPS

Centre for Peace Studies (Croatia)

CPT

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

CRA

Centre de rtention administrative (Administrative Detention Centre) (France)

CRC

UN Committee on the Rights of the Child

CRPD

UN Committee on the Rights of Persons with Disabilities

CRMD

Civil Registry and Migration Department (Cyprus)

DPP

Danish Peoples Party

DS

Detention Service (Malta)

DW

Deutsche Welle

EASO

European Asylum Support Office

EC

European Commission

ECHR

European Convention on Human Rights

ECtHR

European Court of Human Rights

ECRE

European Council on Refugees and Exiles

ECRI

European Commission Against Racism and Intolerance

EMN

European Migration Network

EPIM

European Programme on Integration and Migration

ESW
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