№80 The Criminalisation of Irregular Migration in the European Union
№80 The Criminalisation of Irregular Migration in the European Union

Author(s): Mark Provera
Subject(s): Politics / Political Sciences, Politics, Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Migration Studies, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: CEPS Centre for European Policy Studies
Keywords: Criminalisation; Irregular Migration; EU; legal regimes; humanitarian instincts; immigration law compliance;
Summary/Abstract: This paper offers an academic examination of the legal regimes surrounding the criminalisation of irregular migrants in the EU and of acts of solidarity with irregular migrants, such as assisting irregular migrants to enter or remain in the EU, and other behaviour that is motivated by humanitarian instincts.The research analyses EU law and its relationship with national provisions regarding the criminalisation of irregular migration and of acts of solidarity vis-á-vis irregular migrants. A comparative analysis was made of the laws of the UK, France and Italy, supplemented by ananalysis of the laws of Germany, the Netherlands and Spain. By considering the role of public trust in fostering compliance with the law, the paper explores the impact of criminalisation measures on institutions’ authority to compel individuals to comply with the law (institutional legitimacy).

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