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    Wyświetlanie 1-9 z 9
    Tytuł:
    Paradoxes of formal social control. Criminological aspects of foreigners access to the polish territory and the labour market
    Autorzy:
    Szulecka, Monika
    Tematy:
    formalna kontrola społeczna
    dostęp cudzoziemców do rynku pracy
    nielegalna migracja
    wyłudzanie dokumentów
    nadużycia prawa migracyjnego
    formal social control
    foreigners’ access to the labour market
    irregular migration
    document fraud
    abuses of immigration rules
    Pokaż więcej
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Powiązania:
    https://bibliotekanauki.pl/articles/1788422.pdf  Link otwiera się w nowym oknie
    Opis:
    The aim of the paper is to present selected results of the analysis of the impact of migration policies in the context of development of such criminal phenomena as organising irregular migration or document fraud linked to it. One of the elements of the analysis was the identification of mechanisms of formal social control in reference to the example of functioning of a simplified system aimed at controlling foreigners’ access to the labour market in Poland. In practice, the system has brought also consequences in the form of breaches of penal law. Paradoxically, in the Polish case not more restrictions, but simplifications in the area of foreigners’ access to the labour market have determined in recent years the landscape of irregular migration. Due to the characterof the recognised (administrative or penal) law infringements, the phenomenon may be rather called semi-legal or half-legal migration, since its specificity is the apparent compliance with the laws on entry, stay or work of foreigners, and the simplified procedure of admitting foreigners to the labour market can be helpful in this respect. However, more in-depth reflection allows for identification of law infringements within these actions, which may stem from ambiguous or incomplete legal norms. The differences in perceptions of the abuses of the simplified system of employing foreigners and in responses to them identified in the qualitative study lead to the conclusion that formal social control sometimes contributes to the development of negative phenomena, although the expected result of it is preventing them.
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Przejawy nielegalnej migracji w Polsce
    Forms of Irregular Migration in Poland
    Autorzy:
    Szulecka, Monika
    Tematy:
    migracja
    nielegalna migracja
    kryminologia
    irregular migration
    migration
    Polska
    criminology
    Pokaż więcej
    Wydawca:
    Polska Akademia Nauk. Instytut Nauk Prawnych PAN
    Powiązania:
    https://bibliotekanauki.pl/articles/698640.pdf  Link otwiera się w nowym oknie
    Opis:
    The article analyses a series of in-depth expert interviews conducted in the first half of 2015 with border guards from selected units across Poland within the framework of the project CIS – Modular Multipurpose System of Foreigner Identification with a risk of trafficking analysis module. Special preparedness for intensified migration in Europe, and potentially also in Poland, observed already in the first half of 2015 when the fieldwork was conducted, indicates that although the analyzed material covers the period before the onset of the refugee crisis, its conclusions are universal and can be applied to a different migratory situation. The term “irregular migration” is used throughout the text to describe different instances of non-compliance with the law at different stages of the migration process (mainly entry, residence, and work), keeping in mind that it is an imprecise term that is increasingly replaced with expressions meant to reduce stigmatization on the one hand, and to convey the complexity of the issue on the other. The expression “irregular migration” functions in Polish law, although without a precise definition. The Border Guard, as stated in the law regulating the activities of this formation, is the primary state agency tasked with preventing and combating irregular migration. Statistics available in Poland – which allow to estimate the supposed scale of irregular migration – show it to be a very marginal phenomenon, in fact similar to immigration to Poland, in spite of an observable climb in statistics since 2014. From the viewpoint of the relevant services, it seems alarming, however, that although irregular migration levels remain relatively low (particularly compared to other EU countries), there are many (although it is not clear on what scale) violations, associated, if not with irregular migration as such, then with processes typically described as semi-legal or quasi-legal migration. The data available indicate that the number of foreigners staying in Poland illegally is somewhere between a couple to several thousand people. The picture is somewhat different when it comes to the estimated number of foreigners staying in Poland for very short periods of time without the required documents. It is impossible to determine how many such people enter and leave Poland every month or year, particularly due to Schengen arrangements which leave a large section of the state border without checks. Comparing irregular migration-related threats from a dozen years ago to those encountered in Poland today, we can describe today’s irregular migration as irregular migration in “velvet gloves,” or semi-legal migration. On the one hand, the complexity and content of Polish migration law (in terms of what is permitted, and what is not) create potential for abuses. These abuses have, however, become more and more difficult to detect and demonstrate in proceedings before other authorities (prosecutors, courts). Unauthorized movements or organized trans-border travel often have an air of legality; many elements of the migration process comply with the law, authentic documents are used and procedures are followed, yet deeper analysis reveals that the process is essentially based on activities that violate the law (for example, obtaining the attestation of false statements under false pretenses, deliberately misleading a public official, staying within the territory of Poland for purposes other than those stated when applying for a residence or entry permit). The results of the qualitative study carried out among experts show that irregular migration in Poland in the second decade of the twenty-first century is essentially a marginal problem, particularly when compared to the challenges faced by other EU countries, unless we also consider so-called semi-legal migration. The latter is a massscale phenomenon, although this mass quality is not evidenced by official figures. Two phenomena belonging to semi-legal migration, with the potential of turning into “classic” irregular migration, came to the fore in the discussion on forms of irregular migration in Poland, the possibilities of detecting them, as well as the limited means there are of preventing them. The first is unjustified recourse to refugee procedures. The second consists in abusing a procedure that experts have deemed virtually unverifiable, namely the simplified procedure for hiring foreigners based on the employer’s declaration of intent. The fact that this procedure has contributed to the growth of services linked directly to organized irregular migration was mentioned by the respondents as the most problematic aspect of the said legal instrument. The issue of abusing other procedures remained in the background, which does not however mean that these infractions are treated dismissively, however from the viewpoint of the experts interviewed, they are either too few or pose less of a problem in terms of detection and application of relevant sanctions. Taking into account the forms of irregular migration discussed in the article, including types of violations and the limited possibilities of checking them, effective enforcement of compliance with the law on entry, residence and work seems a considerable challenge, particularly given the not always consistent regulations and their interpretation. The institution with the most experience in contacts with foreigners, namely the Border Guard, has long-standing experience in protecting state borders. Currently, the Border Guard is not only a side in various administrative and penal proceedings, but also an institution controlling the legality of stay and work in the territory of Poland. This requires that migration processes be looked at in a broader context, and not merely through the lens of individual infractions. The author attempts to bring out the said broad context and to describe and explain occurring forms of irregular migration.
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Bezpieczny status prawny jako determinanta awansu ekonomiczno-zawodowego odmiennych grup imigrantów w Polsce
    A Secure Legal Status as a Determinant of the Professional and Economic Promotion of Different Immigrant Groups
    Autorzy:
    Stefańska, Renata
    Szulecka, Monika
    Tematy:
    legal status
    economic adaptation
    immigration
    Ukrainians
    Vietnamese
    Polska
    Pokaż więcej
    Wydawca:
    Polska Akademia Nauk. Czytelnia Czasopism PAN
    Powiązania:
    https://bibliotekanauki.pl/articles/498633.pdf  Link otwiera się w nowym oknie
    Opis:
    The purpose of this article was to answer the question whether and how the legal status, and in particular its increase, influences the economic and professional adaptation of immigrants with different ethnic backgrounds. The analysis was of a qualitative nature and was based on in-depth interviews with Ukrainian and Vietnamese immigrants having different legal statuses. Contrary to the assumed hypothesis, it turned out that the increase of the legal status of the studied immigrants from Ukraine and Vietnam, meaning that they achieve more secure legal status – giving them wider scope of rights and a growing sense of security and stability – rarely contributed to a significant improvement of their economic and professional position. Meanwhile, there could be observed differences between these two groups in terms of patterns of adaptation in the Polish economy, which were influenced by the legal framework, but also by other important factors, such as, in particular, the availability of income-bringing activities and social networks.
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Who Assists Irregular Migrants in Poland and at What Cost? A Court Files’ Analysis of Convictions of Facilitating Unauthorised Stay of Migrants
    Autorzy:
    Szulecka, Monika
    Klaus, Witold
    Tematy:
    facilitation of unauthorised stay
    irregular migration
    internal control
    criminal court cases
    Polska
    Pokaż więcej
    Wydawca:
    Uniwersytet Jagielloński. Wydawnictwo Uniwersytetu Jagiellońskiego
    Powiązania:
    https://bibliotekanauki.pl/articles/63326496.pdf  Link otwiera się w nowym oknie
    Opis:
    The aim of the article is to present one of the facets of the state’s approach towards irregular migration, namely identification of and reaction of the law enforcement and judiciary to the offence of facilitating or enabling unauthorised stay of another person and gaining personal or material profits from it (introduced to the Polish legislation in 2004). Based on the analysis of court files of 243 criminal cases, we indicate forms of facilitation of unauthorised stay (with predominance of document frauds) and analyse the features of the constitutive elements of the offence, i.e. facilitators, persons whose stay is enabled, and profits. We conclude that among convicted facilitators there are those whose intensions were far from enabling the stay of another person and actual facilitators often remained unidentified. We also point to doubtful court decisions, in particular those regarding undetermined profits and recipients or recipients sentenced as facilitators. Thus, we prove that despite the declared prioritisation of irregular migration as a problem to be tackled in Poland, the practice of the law enforcement agents and the courts reveals a determination to achieve easy targets, following known paths, as well as abandoning areas that require more attention and possibly also efforts.
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
    Tytuł:
    Messy Arrangements? A Social Networks Perspective on Migrant Labor Brokerage: The Case of Ukrainian Migration to Poland
    Autorzy:
    Kindler, Marta
    Szulecka, Monika
    Tematy:
    Social capital
    social networks
    labor brokerage
    migration infrastructure
    Ukrainian labor migrants
    immigration to Poland
    Pokaż więcej
    Wydawca:
    Polskie Towarzystwo Socjologiczne
    Powiązania:
    https://bibliotekanauki.pl/articles/22858272.pdf  Link otwiera się w nowym oknie
    Opis:
    This article draws on two studies conducted between 2016 and 2018 on the nature of labor migration from Ukraine to Poland. Using quantitative and qualitative data, it analyses the relationship between social networks and employment agencies. Building on research into migration infrastructure, we question the dichotomy—which also appears in migrants’ narratives—between migrant social networks and labor brokers, and offer evidence of overlap and interdependence between the two. Exploring various aspects of labor migration, we look at the role played by the social networks of the actors (both the migrants and the intermediaries) in enhancing migration infrastructure. We show how migrants use their social capital in regard to labor brokers and how the latter, rather than replacing networks, mobilize their network resources and experience to create a trusted transnational service.
    Dostawca treści:
    Biblioteka Nauki
    Artykuł
      Wyświetlanie 1-9 z 9

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