
Contents
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7.1 Introduction 7.1 Introduction
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7.2 Institutional Framework and Overview 7.2 Institutional Framework and Overview
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7.2.1 Framework prior to the Treaty of Amsterdam 7.2.1 Framework prior to the Treaty of Amsterdam
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7.2.2 The Treaty of Amsterdam 7.2.2 The Treaty of Amsterdam
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7.2.2.1 Institutional framework 7.2.2.1 Institutional framework
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7.2.2.2 Overview of practice 7.2.2.2 Overview of practice
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7.2.3 The Treaty of Lisbon 7.2.3 The Treaty of Lisbon
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7.2.4 Competence issues 7.2.4 Competence issues
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7.2.5 Territorial scope 7.2.5 Territorial scope
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7.3 Human Rights 7.3 Human Rights
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7.3.1 European Convention on Human Rights 7.3.1 European Convention on Human Rights
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7.3.2 Geneva Convention and detention issues 7.3.2 Geneva Convention and detention issues
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7.3.3 Other rights 7.3.3 Other rights
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7.3.4 Application to EU law 7.3.4 Application to EU law
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7.4 Impact of Other EU Law 7.4 Impact of Other EU Law
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7.4.1 Free movement law 7.4.1 Free movement law
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7.4.2 Association agreements 7.4.2 Association agreements
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7.5 Prevention of Irregular Migration 7.5 Prevention of Irregular Migration
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7.5.1 Carrier sanctions 7.5.1 Carrier sanctions
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7.5.2 Passenger data 7.5.2 Passenger data
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7.5.3 Facilitation of unauthorized entry and residence 7.5.3 Facilitation of unauthorized entry and residence
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7.5.4 Trafficking in persons 7.5.4 Trafficking in persons
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7.5.5 Immigration liaison officers 7.5.5 Immigration liaison officers
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7.6 Treatment of Irregular Migrants 7.6 Treatment of Irregular Migrants
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7.6.1 Sanctions against employers of irregular migrants 7.6.1 Sanctions against employers of irregular migrants
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7.6.2 Victims of trafficking or smuggling in persons 7.6.2 Victims of trafficking or smuggling in persons
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7.7 Expulsion 7.7 Expulsion
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7.7.1 Returns Directive 7.7.1 Returns Directive
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7.7.2 Mutual recognition of expulsion measures 7.7.2 Mutual recognition of expulsion measures
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7.7.3 Transit for expulsion 7.7.3 Transit for expulsion
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7.7.3.1 Expulsion via air 7.7.3.1 Expulsion via air
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7.7.3.2 Expulsion via land or sea 7.7.3.2 Expulsion via land or sea
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7.7.4 Joint expulsion flights 7.7.4 Joint expulsion flights
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7.8 Administrative Cooperation and EU Funding 7.8 Administrative Cooperation and EU Funding
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7.9 External Relations 7.9 External Relations
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7.9.1 Readmission agreements 7.9.1 Readmission agreements
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7.9.2 Irregular migration and external relations policy 7.9.2 Irregular migration and external relations policy
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7.10 Conclusions 7.10 Conclusions
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Cite
Abstract
This chapter considers issues related to irregular migration. States’ desire to control access to and stay on their territory manifests itself especially in a desire to prevent irregular migration, to detect irregular migrants, and to remove any irregular migrants once they are detected. This policy raises questions about the human rights of the persons affected, most obviously if they have a claim for asylum or another form of protection. But irregular migrants’ rights are also impacted as regards detention, the general rules governing persons subject to expulsion, and the conduct of expulsion operations. This chapter begins with a historical overview of issues, including issues of legal competence and the territorial scope of the rules, followed by an analysis of the relevant rules of human rights law and relevant rules deriving from other areas of EU law (ie, areas of law other than Justice and Home Affairs law). Then it examines in detail the Schengen and EU rules concerning the prevention of irregular migration, the treatment of irregular migrants inside the territory, and expulsion (including the controversial Returns Directive), along with the rules on cooperation between Member States’ administrations and on the external relations aspects of irregular migration.
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