This book offers a contemporary understanding of the state of the art of ‘crimmigration’ with a focus on the European Union and challenges this paradigm of intersecting criminal justice and immigration control.
The contributions to this book explore the conceptual and philosophical underpinnings of EU and national policies intertwining criminal and migration law, as well as their practical use (and abuse). They analyse migration control through criminal law from multidisciplinary and interdisciplinary perspectives incorporating insights from law, philosophy, and criminology. The book revisits fundamental questions on the suitability of criminal law to regulate and govern migration and provide insights as to whether and how the law should be amended to limit the negative consequences of the criminalisation of migration. Authors critique key legal challenges crimmigration poses, in terms of legality, fundamental rights, and rule of law adherence. Finally, this volume outlines, through concrete examples, how criminalisation of migration translates into the emergence of hostile environments for migrants and those who assist them.
This book will be of interest to criminologists, sociologists, legal scholars, and all those engaged in studies on migration and the European Union.
1. Intertwining Criminal Justice and Immigration Control in the EU: Theoretical, Interdisciplinary, and Practical Perspectives
Niovi Vavoula and Evangelia (Lilian) Tsourdi
2. The EU’s Facilitators’ Package – In the Twilight of Fighting Organized Crime and the (Over)Criminalization of Solidarity – A Comparative Evaluation
Johannes Keiler
3. Building Limits to the Over-Criminalisation of Facilitating Irregular Migration: The Kinsa case
Francesca Cancellaro and Stefano Zirulia
4. Who is the ‘Vulnerable’ Victim? Trafficked and Smuggled Persons as Victims of Crime Under EU Law
Maja Grundler
5. Crimmigration as Hate Speech
Alessandro Spena
6. Migrants’ Agency in Smuggling Routes: Criminalizing Practices and Socio-Legal Implications in the EU
Flavia Patanè
7. Crimmigration through Administrative Surveillance of Civil Society at the EU’s External Borders,
Niovi Vavoula and Evangelia (Lilian) Tsourdi
8. Punitive Immigration Control for Difficult, Troublesome or ‘Low Recognition’ Asylum Seekers: On Waterbed Theory and Globalized Vagrancy Law
Galina Cornelisse
9. From Prevention to Repression: Penal Populism and the Changing Paradigm of Criminal Law to counter irregular migration and humanitarian assistance
Marta Minetti
10. Afterword - The Criminalisation of Migration as Preventive (In)Justice
Valsamis Mitsilegas
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