Irregular Immigration in the EU Legal Framework: Where are the Human Rights?
Irregular Immigration in the EU Legal Framework: Where are the Human Rights?

Author(s): Annalisa Morticelli, Jessica Guth
Subject(s): Human Rights and Humanitarian Law, Migration Studies, EU-Legislation
Published by: Transnational Press London
Keywords: EU; immigration; EU legislation; human rights; Directive 2011/36/EU; humanitarian operations;
Summary/Abstract: This paper considers the European Union (EU) legal framework which deals with irregular migration from third countries into the EU. It begins by outlining the legal frameworks focusing on three areas, which arguably impact most directly on irregular migrants: Border Controls, Human Trafficking and Illegal Employment. The paper aims to highlight some of the issues arising from the legal framework. In particular it questions the continued focus on provisions which stigmatise migrants as criminals and thus continue to foster distrust between Member States and migrants. It examines the provisions in Directive 2011/36/EU and considers the extent to which they have addressed some of the concerns raised in relation to previous legislation in this area. This paper argues for a more principled approach which is based on a more holistic consideration of migration policies in the EU, which takes more explicit account of human rights based theories of migration increasing the use of effective legal instruments and humanitarian operations.

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