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Crimmigration in the European Union : the effect of the EU Return Directive on the criminalization of migrants in Germany

Maywald, Lorenz (2016) Crimmigration in the European Union : the effect of the EU Return Directive on the criminalization of migrants in Germany.

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Abstract:The EU Return Directive 2008/115/EC was the first major piece of legislation in the area of immigration policies to be decided under the co-decision procedure. It had the aim to establish EU wide rules in order to provide for an effective and harmonized return policy. However, the directive received a lot of criticism for being too restrictive and for criminalizing migrants and migration policies. This paper has the intention to study the effects of the directive on the criminalization of migrants by assessing its implementation in Germany and contrasting it to the corresponding national law. For this purpose, this study focuses especially on the provision of migrant detention. By analyzing the respective article and relevant ECJ case law, it will be shown that the directive does not stop Member States from using criminal sanctions for immigration related violations, it just limits its scope of application and thus opens up the way for a potentially growing criminalization. However, as the case study of Germany shows, not all MS’s necessarily make use of this possibility. Even though Germany still officially allows criminal sanctions for immigration related violations, it rarely makes use of it. Also does it fully comply with article 15 and didn’t use the broad definitions of the directive to apply more strict measures. The main problems in Germany with regards to detention is the wide spread use of prisons and the missing of codified alternatives.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:86 law, 88 social and public administration
Programme:Management Society and Technology BSc (56654)
Link to this item:http://purl.utwente.nl/essays/69592
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