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Detencja cudzoziemców. Standardy praw człowieka a polityka migracyjna państw europejskich
(INP PAN, 2025) Markiewicz-Stanny, Joanna
The subject of this monograph is the deprivation of liberty applied in connection with the exercise of the State’s right to control the movement of persons, abbreviated as the detention of foreigners (immigration detention). It is to be understood as all those situations where an individual’s liberty is deprived in the context of procedures such as the prevention of illegal entry, expulsion, the granting of international protection or the transfer to another state for the examination of an asylum application. In this monograph, the problem of immigration detention is discussed primarily from the perspective of the international legal obligations of European states in the field of human rights. Of fundamental importance here is the European Convention on Human Rights, nevertheless the book contains numerous references to the universal human rights protection system and international refugee law. The consideration of the international legal standard of the right to liberty and security of person is carried out here in the context of the migration policies of European states and juxtaposed with the practice of detention.
The book consists of five chapters. Chapter I presents the subject and object framework of the research, the sources of law adopted as a basis for the considerations and relevant terminology. It explains in a general way what the detention of foreigners consists in, as well as describing its origins and the evolution of its application in the practice of states. It also indicates the characteristics of the migration policy of European states, in terms of those elements that have an impact on the use of detention of foreigners.
Chapter II addresses the context and factors that influence how the detention of aliens is normalised and applied at both international and national levels. Particular attention is given to elements such as extraterritorial activities, the privatisation of migration control and the multifaceted relationship between detention and processes of securitisation and criminalisation of migration.
Chapter III is devoted to an in-depth examination of international human rights law standards on the permissibility of detention of foreigners as an element of the right to liberty and security of person and procedural guarantees. Given the importance of the conditions of detention as a criterion for its possible arbitrariness, this part of the monograph also deals with the standards for the treatment of foreigners during detention.
Chapter IV deals entirely with the detention of foreigners in the law and practice of seven selected European states: Bulgaria, France, Spain, the Netherlands, Germany, Sweden and Poland. The problem is presented in such a way as to show that it is now possible to write about a certain normative pattern characteristic of the regulation of detention in Europe. Also described are the legal basis of detention in national law, the most common prerequisites for its application as well as issues such as the authorities responsible for adjudicating detention, the infrastructure used for this purpose and the conditions of detention.
Chapter V is an analysis of how one would look at the detention of foreigners if it is applied unlawfully or arbitrarily on a systemic basis as part of state’s migration policy. The impact of the detention of foreigners on the enjoyment of human rights other than the right to liberty and security of person, which specifically includes the prohibition of degrading or inhuman punishment or treatment and the right to respect for private or family life was also analysed. The final issue addressed in the monograph is the problem of assessing the detention of foreigners from the point of view of the principle of good faith, which is fundamental to the international legal order.
Tajemnica zawodowa jako środek ochrony praw podatnika. Konstytucyjne gwarancje i i ustawowe zagrożenia
(Instytut Nauk Prawnych Polskiej Akademii Nauk, 2024) Piasecka, Patrycja
"Archiwum Kryminologii" 2022, t. XLIV, nr 1
(INP PAN, 2022) Pratt, John; Grzyb, Magdalena; Hogg, Russell; Sitarz, Olga; Woźniakowska-Fajst, Dagmara; Witkowska-Rozpara, Katarzyna; Gönczöl, Katalin; Mahoney, Ian; Teague, Kirsty; Long, Matthew; Winder, Belinda; Oancea, Gabriel; Neculcea, Silvia Andreea; Rodriguez Gutierrez, Daniela; Szafrańska, Michalina; Ayres França, Leandro; Ferreira de Abreu, Carlos Adalberto; Oldfield, Luke; Mills, Alice; Pratt, John; Lutyens, Daisy; Klaus, Witold
"Archiwum Kryminologii" 2024, t. XLVI, nr 2
(INP PAN, 2024) Sobko, Ganna; Molotai, Valerii; Lyseiuk, Andrii; Kryzhanovskyi, Oleksii; Nikolaienko, Tetiana; Dubchak, Liudmyla; Kowalczyk, Małgorzata H.; Kuliński, Łukasz; Frąckowiak, Przemysław; Nowak, Michał; Uhl, Andrzej; Solt, Agnes; Klaus, Witold
"Archiwum Kryminologii" 2024, t. XLVI, nr 1
(INP PAN, 2024) Fernandez-Bessa, Cristina; Ferraris, Valeria; Klaus, Witold; Kox, Mieke; Deschuyteneer, Laure; Breuls, Lars; Perkowska, Magdalena; Carvalho da Silva, Jacqueline; Agnella, Costanza; Celoria, Eleonora; Trinchese, Michela; Nagy, Veronika; Fernandez-Bessa, Cristina; Ferraris, Valeria; Klaus, Witold; Kox, Mieke