The Treatment of Immigrants in the European Court of Human Rights

Amanda Spalding is Lecturer in Criminal Law at the University of Leeds, UK.

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