scholarly journals Detention and alternatives to detention in international protection and return procedures in Ireland

2021 ◽  

Related Press Release Detention and alternatives to detention can be used for immigration-related purposes in Ireland. Detention takes place in Garda Síochána stations and prisons. Throughout 2019, 477 people were detained in Irish prisons for immigration-related reasons, reducing to 245 people in 2020 during the COVID-19 pandemic. Alternatives to detention, such as regularly reporting to a Garda station, however, tend to be used more routinely and in the first instance. This study presents a comprehensive review of legislation and practice on detention and alternatives to detention in international protection and return procedures in Ireland. It is based on the Irish contribution to a European Migration Network (EMN) report comparing the situation in EU Member States. Immigration detention in the EU and the UK has been the subject of considerable academic research; however, there has been comparatively less research on the situation in Ireland, particularly regarding alternatives to detention.

2020 ◽  
Vol 17 (5) ◽  
pp. 92-98
Author(s):  
Kira Godovanyuk ◽  

In 2020 the number of illegal small boat Channel-crossings to the UK drastically increased (nearly 7000 registered cases). This sparked sharp discussions on measures of countering illegal migration, border control and improvement of asylum policy. The phenomenon of illegal Channel-crossing is related to a wider spectrum of problems beyond international protection and rescue operations, border management and countering international crime (human smuggling and trafficking). The UK withdrawal from the European asylum system after the transition period poses a major challenge. The author argues that the UK’s ambition is to have access to the asylum seekers return procedures stipulated in the Dublin regulation along with strengthening bilateral border control and policing cooperation with the EU member-states. The British authorities are considering different scenarios of bolstering border control including Royal Navy deployment to stop migrant boats. In the meantime, the authorities tend to overstate the problem of illegal migration in order to channel public opinion into the framework of the «take back control of national border» discourse and to put pressure on the EU. The top priority now for Britain is to conclude a Readmission agreement with the European Union.


Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.


2018 ◽  
Vol 81 (6-8) ◽  
pp. 602-622
Author(s):  
Dennis Lichtenstein ◽  
Christiane Eilders

The Euro crisis has revealed severe conflicts between EU member states and challenged a shared European identity. This article investigates how the crisis was reflected in identity constructions in media discourses in EU key countries. European identity construction is conceptualized as framing of the EU in favour or against belonging to the EU and togetherness with other members. Conducting a systematic content analysis of two weekly newspapers and magazines in Germany, France and the UK, we compare identity constructions between 2011 and 2014. Findings show that while support of belonging to the EU is low in general, the countries differ remarkably in terms of their sense of togetherness. This particularly applies to strong or weak political integration, market regulation or market freedom and financial stability or impulses for economic growth. The positions reflect long-term political conflicts between the countries but are also flexible enough to adapt to the particular event context.


Author(s):  
Olha Ovechkina

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.


Author(s):  
Bernard Owens Imarhiagbe

This chapter reviews research and policy literatures on the spheres of crowdfunding. It identifies reward-based, donation-based, equity-based and credit-based crowdfunding with a view to collate relevant information to support crowdfunding knowledgebase and further research. As crowdfunding is a new concept in research literature, it is increasing in popularity in social media, business and research communities. Academic research in crowdfunding is limited and the subject is still evolving as a way of access to finance for seed capital, entrepreneurial projects and other early stage projects. Advanced countries in Europe and North America have recognised the relevance of crowdfunding in varying proportion from one country to another for project fundraising. However, the World Bank confirmed that developing countries are at different stages of recognition of crowdfunding in their policy framework. Although the UK financial regulator, Financial Conduct Authority, has produced a policy statement for crowdfunding and approved some service providers such as crowdfunding platforms, it is still interacting with stakeholders and providing guidance to potential entrepreneurs on the operational models. Crowdfunding is a way of raising small amounts of money from different contributors over the internet for different types of projects. There are huge management implications in the spheres of crowdfunding.


2019 ◽  
pp. 599-639
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford

This chapter examines the fast-moving area of law relating to climate change. This includes a considerable body of public international law, from the UN Framework Convention on Climate Change to the legally innovative Paris Agreement 2015. The chapter also considers legal developments at the EU and UK levels, which both contain a rich body of climate law and policy. The EU and the UK are both seen as ‘world leaders’ in climate law and policy. In EU law, this is due to the EU greenhouse gas emissions trading scheme and the EU’s leadership in advocating ambitious greenhouse gas mitigation targets and in implementing these targets flexibly across the EU Member States through a range of regulatory mechanisms. The UK introduced path-breaking climate legislation in the Climate Change Act 2008, which provided an inspiring model of climate governance, legally entrenching long-term planning for both mitigation and adaptation. The chapter concludes with an exploration of climate litigation, a new and growing field of inquiry.


2020 ◽  
pp. 1547-1566
Author(s):  
Bernard Owens Imarhiagbe

This chapter reviews research and policy literatures on the spheres of crowdfunding. It identifies reward-based, donation-based, equity-based and credit-based crowdfunding with a view to collate relevant information to support crowdfunding knowledgebase and further research. As crowdfunding is a new concept in research literature, it is increasing in popularity in social media, business and research communities. Academic research in crowdfunding is limited and the subject is still evolving as a way of access to finance for seed capital, entrepreneurial projects and other early stage projects. Advanced countries in Europe and North America have recognised the relevance of crowdfunding in varying proportion from one country to another for project fundraising. However, the World Bank confirmed that developing countries are at different stages of recognition of crowdfunding in their policy framework. Although the UK financial regulator, Financial Conduct Authority, has produced a policy statement for crowdfunding and approved some service providers such as crowdfunding platforms, it is still interacting with stakeholders and providing guidance to potential entrepreneurs on the operational models. Crowdfunding is a way of raising small amounts of money from different contributors over the internet for different types of projects. There are huge management implications in the spheres of crowdfunding.


Author(s):  
Jean-Claude Piris

Este estudio surge de los acontecimientos producidos en 2014 y 2015 en Escocia (referéndum sobre la independencia) y en Cataluña («consulta informal» y elecciones autonómicas). En ambos casos, los movimientos secesionistas deseaban que un nuevo Estado nacido de la secesión llegara a ser (según ellos, «siguiera siendo») parte de la UE. Esta convicción les fortalece, ya que la UE es vista como un «refugio seguro », que permite la independencia sin la amenaza de quedar aislado. Los Tratados de la UE ni prevén ni prohiben la división de un Estado miembro. No obstante, para llegar a ser parte de la UE, la región secesionista debería primero ser reconocida como Estado por la comunidad internacional, y específicamente por los 28 Estados miembros de la UE (incluyendo España y el Reino Unido). Esto sería legalmente posible si el nuevo Estado naciera respetando completamente el Estado de Derecho, pero en cambio excluiría un «Estado» que hubiera declarado unilateralmente su independencia violando la Constitución nacional. Así, un nuevo Estado reconocido podría ser candidato a incorporarse a la UE. El autor muestra que debería seguirse el procedimiento del artículo 49 del Tratado de la UE y no el del artículo 48 (enmiendas a los Tratados). Tomando Escocia como ejemplo, el autor describe los pasos legales necesarios que deben darse después de la secesión. Señala que la división de un Estado de la UE ya no debería verse como un asunto estrictamente nacional; dadas sus consecuencias sobre la UE en conjunto y sobre otros Estados miembros, es un asunto que no puede ser ignorado por la UE.This study starts from the 2014-2015 events in Scotland (referendum on independence) and in Catalonia («informal consultation» and regional elections). Secessionists movements in both cases wished that a new State born from the secession would become (according to them «continues to be») part of the EU. That conviction strengthens them, as the EU is seen as a «safe haven», allowing independence without the threat of being isolated. The EU Treaties neither provide for, nor prohibit the partition of a Member State. However, in order to become part of the EU, the secessionist region should first be recognized as a State by the international community, and specifically by the 28 EU Member States (including Spain and the UK). This would be legally possible if the new State was born in full respect of the Rule of Law, but would exclude a «State» having unilaterally declared its independence in violation of the national Constitution. Then, a new State recognised could be a candidate to the EU. The author shows that the procedure of article 49 of the Treaty on EU woud have to be followed (accession of a new State) and not that of article 48 (amendments to the Treaties). Taking Scotland as an example, the author describes the necessary legal steps to be accomplished after the secession. He stresses that the partition of an EU State should not anymore being regarded as a strictly national matter. Given its consequences on the EU as a whole and on other Member States, it is a matter that cannot be ignored by the EU.


2011 ◽  
Vol 13 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Kees Groenendijk

AbstractSeveral States require immigrants from outside the EU to participate in language or integration courses after arrival. In recent years, some EU Member States made passing a language test (Netherlands and Germany) or participating in a language course (France) a condition for a visa for family reunification for immigrants from certain third countries. Denmark and the UK introduced a similar requirement in 2010. The focus of his article is on three aspects: the political debate, the legal constraints and the effects. Firstly, the development of the pre-departure integration strategies is analyzed. What was the rationale behind the introduction and does is vary between Member States? Secondly, the legal constraints of EU and international law are discussed. Finally, the results of the first studies evaluating this policy instrument are presented. Is pre-departure a good predictor for immigrant’s ability to integrate? Does it actually assist integration, and what are the unexpected or counterproductive effects?


elni Review ◽  
2017 ◽  
pp. 11-16
Author(s):  
Céline Charveriat ◽  
Andrew Farmer

Brexit is an unprecedented event for the EU. No Member State has ever left the Union previously. At most, overseas territories with small populations have changed status, such as Greenland (Denmark) in 1985 and the Outermost Region Saint Barthélemy (France), which became an Overseas Country and Territory (OCT) in 2012. These cases may have limited lessons for the UK adapting its legislation post-Brexit, as they did not impact EU decision making and law and, therefore, are not precedents for the subject of this paper. There has been quite a lot of analysis on the possible consequences of Brexit for the future of UK environmental law. However, less attention has been given to the implications Brexit may have for the future of EU environmental law and policy. This paper presents some thoughts on this subject. It begins with a consideration of the impact of Brexit on the general political and economic atmosphere of EU environmental policy making. The paper then considers the issues of trade and the external border. Some specific policy areas are examined, including chemicals, climate policy and agriculture. The paper ends by considering the implications of a possible future dispute mechanism with the UK.


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