Зборник радова Раскршћа међународног кривичног права, 209-217 стр.)
АУТОР(И) / AUTHOR(S): Esther Pomares Cintas
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DOI: 10.46793/CrossrICL.209PC
САЖЕТАК / ABSTRACT:
Since the last decade, we have witnessed the phenomenon of ‘modern mixed movements’ of people towards EU territory. This is a form of human mobility that combines, on the one hand, forced displaced persons or applicants for international protection and, on the other, irregular migration by unskilled economic migrants from impoverished sectors. Both groups converge at the same time, on the same routes and at the same hostile borders. Both are facing the same desperate ordeal and an expensive and dangerous journey. Both have turned the Mediterranean into a graveyard and caused human tragedies at the EU’s external borders.
This phenomenon has demonstrated that the factors driving current migration flows are destined to remain and that long-term inflows of asylum seekers have become commonplace.
Given this situation, the EU manages legal migration (and also international protection status) from the paradigm of combating illegal immigration. The implications of this policy are clear: (a) a drastic reduc- tion in legal labour migration systems; (b) a tendency to treat applicants international protection as if it were an issue of illegal immigration; (c) the consolidation of a repressive police and military apparatus by land, sea and air to contain migratory flows; (d) Trafficking of migrants into the EU reaches record levels (european Commission 2023); (e) Trafficking in human beings has also spread to applicants for international protection due to the deterioration of their status and institutional vulnerability in the EU. Without changing the basic approach, there are two EU proposals:
a) Review of the criminalisation of illegal migration: Proposal for a Directive (28-11-2023) replacing Directive 2002/90/EC and Framework Decision 2002/946/JHA;
b) Reinforcing the vulnerable status of irregular immigrants and institutionalising the policy of externalisation of EU external border The European Commission’s Proposal for a Return Regulation (11-3-2025) creates the European order of expulsión- forced return. The management of the transfer and mandatory readmission of the expelled person by a third country that has agreed with the EU is implemented. ‘Return’ centres are created in third countries. The effectiveness of this return and forced admission system is the condition for managing applicants for international protection in the EU.
КЉУЧНЕ РЕЧИ / KEYWORDS:
Female genital mutilation, crime against humanity, enforcement, jurisdiction
ПРОЈЕКАТ / ACKNOWLEDGEMENT:
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