ISBN 978-94-6138-445-4 Available for free downloading from the CEPS website (http://www.ceps.eu) ©CEPS, 2015 The Criminalisation of Irregular Migration in the European Union Mark Provera No. 80/February 2015 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 an analysis 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). The study finds that certain indicators question institutional legitimacy and reveals the varied nature and extent of penalties imposed by different member states. The paper concludes that there is an important role for public trust in immigration law compliance, not just in measures directed towards irregular migrants but also towards those acting in solidarity with irregular migrants. This paper was prepared in the context of the FIDUCIA project, which is a research project that will shed light on a number of distinctively ‘new European’ criminal behaviours that have emerged in the last decade as a consequence of technological developments and the increased mobility of populations across Europe. For more information visit: www.fiduciaproject.eu CEPS Papers in Liberty and Security in Europe offer the views and critical reflections of CEPS’ researchers and external collaborators on key policy discussions surrounding the construction of the EU’s Area of Freedom, Security and Justice. The series encompasses policy-oriented and interdisciplinary academic studies and commentary about the internal and external implications of Justice and Home Affairs policies inside Europe and elsewhere throughout the world. Unless otherwise indicated, the views expressed are attributable only to the author in a personal capacity and not to any institution with which he is associated. This publication may be reproduced or transmitted in any form for non-profit purposes only and on the condition that the source is fully acknowledged.
The Criminalisation of Irregular Migration in the European Union
Aug 04, 2023
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