The Treatment of Immigrants in the European Court of Human Rights: Moving Beyond Criminalisation

Acknowledgements
Contents
Table of Cases
Table of Legislation
Introduction
	I. Immigrants are being Undercriminalised
	II. Book Structure
1. The Criminalisation of Immigration in Europe
	I. The Intertwining of Criminal Law and Immigration Law
	II. The Use of Criminal Justice Practices in Immigration Control
	III. The Media Discourse Surrounding Immigration
	IV. Moving Beyond Criminalisation
	V. Conclusion
2. The Right to Liberty
	I. The Use of Immigration Detention
	II. An Overview of the Right to Liberty
	III. The Test for Criminal Detention
	IV. The Test for Immigration Detention
	V. Any Real Protection against Arbitrariness?
	VI. Conclusion
3. The Right to Liberty: Criminal Limb
	I. The Use of Deportation and Administrative Removal
	II. An Overview of Article 6
	III. The Applicability of Article 6 to Immigration Decisions
	IV. Are Immigration Measures (Sometimes) Criminal Penalties?
	V. Conclusion
4. The Civil Limb of the Right to a Fair Trial
	I. Criminalisation and Immigration Decision-Making Procedures
	II. An Overview of the Civil Limb of the Right to a Fair Trial: Civil Rights and Obligations
	III. The Applicability of the Civil Limb of Article 6 to Immigration Decisions
	IV. Inconsistencies and Interpretations
	V. Conclusion
5. The Prohibition on Torture, Inhuman and Degrading Treatment
	I. Criminalisation and the Return of Foreign Nationals
	II. An Overview of the Prohibition on Torture, Inhuman and Degrading Treatment
	III. Exceptions for Immigrants?
	IV. Conclusion
6. Moving Beyond Criminalisation: A Two-Tier System
	I. A Two-Tier System
	II. How Did the Two-Tier System Come into Being?
	III. Repercussions of the Two-Tier System: Discrimination
	IV. Repercussions of the Two-Tier System: The Erosion of Rights
	V. Conclusion
Conclusion
	I. Moving Forward
Bibliography
Index