Jurisdictional games and decision making
The Belgian approach in dealing with migrant smuggling
Bibliographic Data
| ID | 6090259 |
|---|---|
| Authors | Roxane De Massol De Rebetz (0000-0002-3417-0345, Van Vollenhoven Institute for Law, Governance and Society Leiden Law School, Leiden University Leiden The Netherlands, corresponding author) |
| Year | 2023 |
| Volume | 45 |
| Issue | 2 |
| Pages | 137-158 |
| Publication date | 2023-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Policy (JOURNAL) |
| Journal identifiers | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/lapo.12209 |
| OpenAlex | W4320480983 |
| Language | EN |
| References cited | 28 |
The article presents a case study focusing on the Belgian approach to deal with migrant smuggling and more broadly on the governance of migrants in transit on its territory. Drawing from the literature on jurisdiction and scales and combining it with the scholarship on bureaucrats' decision making, the article sheds light on the messy dynamics and realities of legal governance of migrants transiting through Belgium in their journey to the United Kingdom. By focusing on the multilayered nature of the issue, the distinct legal regimes and the various actors involved, the article argues that the jurisdictional separation of the realms of criminal and administrative law enables a decision to mobilize a set of law over or in combination with another. The article explores the situation at the local and national scales and, as jurisdictions overlap and competences are scattered between distinct entities and actors, specific attention is paid to “passing the buck” behaviors and discourses which have substantial consequences for the situation of migrants in transit in Belgium
Corporate governance · Economics · Irregular migration · Jurisdiction · Law and economics · Management · Political science · Scholarship · Set (abstract data type · Sociology · European Criminal Justice and Data Protection · Law · Migration, Identity, and Health · Migration, Refugees, and Integration · Public Administration
Case Study Research
When the State Meets the Street
A socio-legal analysis of the Belgian protective legislation towards victims of aggravated forms of migrant smuggling
The Crimmigrant Other
Governing migrant mobility through mobility
Narrating Europe's Migration and Refugee ‘Crisis’
Studying the governance of crime and security
Bordered penality
A Patchwork of Intra-Schengen Policing
The jurisdictional games of immigration policing
Resisting Bare Life
On the Way to a Better Future
Passing the buck? Analyzing the delegation of discretion after transposition of European Union law
Frontline uses of European Union (EU) law
Bureaucratic Structure and Administrative Behaviour
Border security as practice
Police occupational culture
Jurisdiction and Scale
Law
Law's Territory (A History of Jurisdiction)
Flexible Coding of In-depth Interviews
| Citation velocity | historical |
|---|---|
| Highly cited | No |