1st Edition

Forced Mobility of EU Citizens Transnational Criminal Justice Instruments and the Management of 'Unwanted' EU Nationals

    226 Pages
    by Routledge

    Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations.

    The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of ‘justice’ behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals.

    With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.

    The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution 4.0 International license and funded by Polish Academy of Sciences, Institute of Law Studies.

    Transnational criminal justice instruments and the management of ‘unwanted’ EU nationals: An introduction

    José A. Brandariz, Witold Klaus and Agnieszka Martynowicz

    Chapter 1: Foiled Transnational Justice? An exploration on the failures of EU judicial cooperation procedures

    José A. Brandariz

    Chapter 2: Enhancing social rehabilitation or finding a back door to reduce prison overcrowding? The failed implementation of FD 909 in Italy

    Valeria Ferraris

    Chapter 3: Transfer for rehabilitation?

    Gabriel Oancea and Theodora E.D. Ene

    Chapter 4: The meaning of ‘just punishment’ and the role of courts in transnational criminal justice procedures

    Witold Klaus

    Chapter 5: Judicial cooperation vs. migration control. Critical reflections on the implementation of grounds for refusing the execution of a European Arrest Warrant for residents and stayers: European trends and insights from Italy

    Stefano Montaldo

    Chapter 6: Is the EAW efficient? Assessment of the European Arrest Warrant procedure based on opinions of Polish criminal justice practitioners

    Justyna Włodarczyk-Madejska and Dominik Wzorek

    Chapter 7: Abruptly interrupted lives: The effects of executing the European Arrest Warrant procedures on Polish emigrants

    Witold Klaus, Justyna Włodarczyk-Madejska and Dominik Wzorek

    Chapter 8: Conditional residence - prisons and beyond: how ‘criminality’ shapes uncertain futures in the times of crimmigration

    Agnieszka Martynowicz

    Chapter 9: Schengen as a European criminal justice instrument – the power of evaluation

    Martin Nøkleberg and Helene O.I. Gundhus


    José A. Brandariz is a professor of criminal law and criminology at the University of A Coruña, Spain. He is a former associate editor of the European Journal of Criminology (2018-2022) and a former member of the executive board of the European Society of Criminology (2016-2019). He has published some 20 books and 150 journal articles and book chapters, and has been visiting professor and visiting research fellow at various international universities and research institutes, such as Bologna (Italy), Buenos Aires (Argentina), Coimbra (Portugal), Chicago (USA), Freiburg (Germany), Northern Arizona (USA), Pompeu Fabra (Spain), Turin (Italy) and Warsaw (Poland), among others. Prof Brandariz has particularly focused his research on migration enforcement, bordered penality and citizenship issues in the last decade. Having participated in various EU-funded projects, he recently co-coordinated a Spanish team participating in two supranational research actions on EU criminal justice cooperation procedures (2017-2020).

    Witold Klaus is a professor at the Institute of Law Studies, Polish Academy of Sciences and Head of the Department of Criminology and of the Centre for Migration Law Research. He is also a research fellow in the Centre of Migration Research at the University of Warsaw. He is a lawyer, criminologist, migration researcher and NGO activist. He is a former executive secretary of the Polish Society of Criminology (2008-2018), and serves as editor-in-chief to the oldest Polish criminological journal "Archiwum Kryminologii" (Archives of Criminology). He held scholarships from: the British Academy (UK), the Max Planck Institute for Foreign and International Criminal Law (currently the Max Planck Institute for the Study of Crime, Security and Law, Germany) and the US government. His main areas of academic interests include refugee and immigrant rights, deportation studies, crimmigration, victimology and victimisation of vulnerable groups in society. Currently he leads a project on experiences of Poles deported from the UK and the EU in the aftermath of their contact with criminal justice system (funded by National Science Centre, Poland).

    Agnieszka Martynowicz is a Senior Lecturer in Criminology at Edge Hill University (EHU) in England. She is currently the ‘Features’ editor for Justice, Power and Resistance (journal, Bristol University Press) and a member of the Editorial Committee of ‘Archiwum Kryminologii’ (Archives of Criminology). Dr Martynowicz is a Core Member of the Migration Working Group – North West (EHU) and a long-standing member of the European Group for the Study of Deviance and Social Control. Before entering an academic career in 2016, she worked as a researcher and policy officer in a number of statutory and voluntary sector organisations, including the Northern Ireland Human Rights Commission in Belfast, the Institute for Conflict Research (Belfast) and the Irish Penal Reform Trust in Dublin. Between 2011 and 2016, she worked as an independent research and evaluations consultant, delivering projects with organisations such as the Irish Council for Civil Liberties and the European Prison Litigation Network. She is an author and co-author of numerous publications relating to prisons and prisoners’ rights; migration and migrant rights; ‘crimmigration’, children’s rights, and youth justice.