Andi Pacurar
SOAS University of London, Music, Graduate Student
Simulacrumul nu este acela care ascunde adevărul – el este adevărul care ascunde faptul că nu mai e nici unul.
Research Interests:
The present study looks at legal concepts and their applicability to the cases of irregular migration as they are presented in a variety of documents produced in the last decade, particularly in the framework of the United Nations and its... more
The present study looks at legal concepts and their applicability to the cases of irregular migration as they are presented in a variety of documents produced in the last decade, particularly in the framework of the United Nations and its affiliate bodies as well as academic and professional literature on the subject.
The study commences with the discussion on several criminological concepts that have been reformulated in view of prosecuting organised crime.
In then analyses legal issues related to smuggling, particularly, the issue of establishing and enforcing a jurisdiction upon the smuggling cases. The paper argues that in absence of a straightforward binding instrument to identify and enforce jurisdiction upon smuggling cases, the international community is rendered unable to fully bring to justice those involved in directing and operating the smuggling of migrants across Europe, nor is it fully able to guarantee the respect of the rights of victims of smuggling or trafficking and to ensure the adequate provision of international protection to those in need.
Further the study discuses the issues related to criminal proceedings related to irregular migrants. In particular, the study differentiates between criminal offences and other types of offences and discerns between criminal measures taken with respect to the former and administrative measures taken with respect to the latter.
Finally the study discusses the issuing of sentences taken on irregular migration cases, in particular expulsion, and makes a fairly detailed description of the various types of expulsion orders. The study argues that no expulsion order can be enforced until a final decision has been taken on the case and, in order to guarantee the full respect of rights, the appeal should have an automatic suspensive power upon the expulsion order. The study also looks into the issue of ill-treatment suffered by irregular migrants during the enforcement of expulsion orders and the various recommendation issued in this respect.
The study commences with the discussion on several criminological concepts that have been reformulated in view of prosecuting organised crime.
In then analyses legal issues related to smuggling, particularly, the issue of establishing and enforcing a jurisdiction upon the smuggling cases. The paper argues that in absence of a straightforward binding instrument to identify and enforce jurisdiction upon smuggling cases, the international community is rendered unable to fully bring to justice those involved in directing and operating the smuggling of migrants across Europe, nor is it fully able to guarantee the respect of the rights of victims of smuggling or trafficking and to ensure the adequate provision of international protection to those in need.
Further the study discuses the issues related to criminal proceedings related to irregular migrants. In particular, the study differentiates between criminal offences and other types of offences and discerns between criminal measures taken with respect to the former and administrative measures taken with respect to the latter.
Finally the study discusses the issuing of sentences taken on irregular migration cases, in particular expulsion, and makes a fairly detailed description of the various types of expulsion orders. The study argues that no expulsion order can be enforced until a final decision has been taken on the case and, in order to guarantee the full respect of rights, the appeal should have an automatic suspensive power upon the expulsion order. The study also looks into the issue of ill-treatment suffered by irregular migrants during the enforcement of expulsion orders and the various recommendation issued in this respect.