Digital Borders And Real Rights

Author : Evelien Renate Brouwer
Publisher : BRILL
ISBN 13 : 9004165037
Total Pages : 597 pages
Book Rating : 4.38/5 ( download)

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Download or read book Digital Borders and Real Rights written by Evelien Renate Brouwer and published by BRILL. This book was released on 2008 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of the SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of the SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System.

Author : Anaïs Faure Atger
Publisher : CEPS
ISBN 13 : 9290797770
Total Pages : 26 pages
Book Rating : 4.77/5 ( download)

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Download or read book The Abolition of Internal Border Checks in an Enlarged Schengen Area: Freedom of movement or a scattered web of security checks? written by Anaïs Faure Atger and published by CEPS. This book was released on 2008 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Paul Trauttmansdorff
Publisher : Policy Press
ISBN 13 : 1529235227
Total Pages : 193 pages
Book Rating : 4.27/5 ( download)

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Download or read book The Digital Transformation of the European Border Regime written by Paul Trauttmansdorff and published by Policy Press. This book was released on 2024-05-30 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth investigation into the digitisation processes of Europe’s border regime. It shows how sociotechnical imaginations of future borders drive forward the expansion of databases in the European governance of mobility. With a focus on the European Union Agency eu-LISA, one of the most significant and rapidly advancing actors in the digital border regime, the book serves as a gateway to understanding the key agents, visions, technologies and practices at work. Asking broader questions about exclusion, discrimination, violence and mobility rights, this is an original contribution to our understanding of future borders in Europe.

Author : Teresa Quintel
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959653
Total Pages : 283 pages
Book Rating : 4.55/5 ( download)

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Download or read book Data Protection, Migration and Border Control written by Teresa Quintel and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.

Author : Izabella Majcher
Publisher : BRILL
ISBN 13 : 9004360530
Total Pages : 848 pages
Book Rating : 4.32/5 ( download)

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Download or read book The European Union Returns Directive and its Compatibility with International Human Rights Law written by Izabella Majcher and published by BRILL. This book was released on 2019-11-26 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France

Author : Niovi Vavoula
Publisher : BRILL
ISBN 13 : 9004356118
Total Pages : 780 pages
Book Rating : 4.15/5 ( download)

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Download or read book Immigration and Privacy in the Law of the European Union written by Niovi Vavoula and published by BRILL. This book was released on 2022-09-12 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.

Author : Elif Mendos Kuşkonmaz
Publisher : BRILL
ISBN 13 : 9004439498
Total Pages : 290 pages
Book Rating : 4.98/5 ( download)

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Download or read book Privacy and Border Controls in the Fight against Terrorism written by Elif Mendos Kuşkonmaz and published by BRILL. This book was released on 2021-03-15 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a legal analysis of sharing of passenger data from the EU to the US in light of the EU legal framework protecting individuals’ privacy and personal data.

Author : Lilie Chouliaraki
Publisher : NYU Press
ISBN 13 : 1479850969
Total Pages : 151 pages
Book Rating : 4.69/5 ( download)

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Download or read book The Digital Border written by Lilie Chouliaraki and published by NYU Press. This book was released on 2022-06-21 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do digital technologies shape the experiences and meanings of migration? As the numbers of people fleeing war, poverty, and environmental disaster reach unprecedented levels worldwide, states also step up their mechanisms of border control. In this, they rely on digital technologies, big data, artificial intelligence, social media platforms, and institutional journalism to manage not only the flow of people at crossing-points, but also the flow of stories and images of human mobility that circulate among their publics. What is the role of digital technologies is shaping migration today? How do digital infrastructures, platforms, and institutions control the flow of people at the border? And how do they also control the public narratives of migration as a “crisis”? Finally, how do migrants themselves use these same platforms to speak back and make themselves heard in the face of hardship and hostility? Taking their case studies from the biggest migration event of the twenty-first century in the West, the 2015 European migration “crisis” and its aftermath up to 2020, Lilie Chouliaraki and Myria Georgiou offer a holistic account of the digital border as an expansive assemblage of technological infrastructures (from surveillance cameras to smartphones) and media imaginaries (stories, images, social media posts) to tell the story of migration as it unfolds in Europe’s outer islands as much as its most vibrant cities. This is a story of exclusion, marginalization, and violence, but also of care, conviviality, and solidarity. Through it, the border emerges neither as strictly digital nor as totally controlling. Rather, the authors argue, the digital border is both digital and pre-digital; datafied and embodied; automated and self-reflexive; undercut by competing emotions, desires, and judgments; and traversed by fluid and fragile social relationships—relationships that entail both the despair of inhumanity and the promise of a better future.

Author :
Publisher : Oxford University Press
ISBN 13 : 0192671413
Total Pages : 289 pages
Book Rating : 4.17/5 ( download)

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Download or read book Privatising Border Control written by and published by Oxford University Press. This book was released on 2022-11-07 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.

Author : Elena Carpanelli
Publisher : Springer
ISBN 13 : 3030056481
Total Pages : 363 pages
Book Rating : 4.83/5 ( download)

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Download or read book Use and Misuse of New Technologies written by Elena Carpanelli and published by Springer. This book was released on 2019-05-14 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ever-increasing use of technology is challenging the current status of the law, bringing about new problems and questions. The book addresses this trend from the perspective of International law and European Union law and is divided into three main thematic sections. The first section focuses on the legal implications of the use of technology either for law enforcement purposes or in the context of military activities, and examines how this use adds a new dimension to perennial issues, such as the uneasy balance between security concerns and the protection of individual rights, and defining the exact scope of certain State obligations. In so doing, it takes into account a range of current and potential scenarios at the international, regional and domestic level, including the use of killer robots, databases, drones and technology in general to patrol borders, exchange information on criminal suspects, maintain public order, target suspected terrorists and conduct military activities. In turn, the second section examines the role of institutional and non-institutional actors in establishing substantive normative standards for the use of high-tech applications. In this respect, it focuses both on the role that European courts have played so far, and on how other actors’ initiatives can contribute to the construction of a new legal framework for technology-related activities. Lastly, the third section has a two-fold focus: the first part investigates how the increasing reliance on technology is affecting traditional rules on international responsibility, and is challenging, in particular, the attribution of wrongful conduct to States and international organizations. The second part addresses issues of jurisdiction and justiciability. Given the scope of its coverage, this timely book addresses an important lacuna in the current legal scholarship, exploring some of the most recent applications of technology and the legal issues arising as a result. Readers will gain novel insights into the challenges posed to International law and European law by the growing reliance on technology, taking into account both its uses and misuses.