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. It outlines how criminalisation of migration leads to the emergence of hostile environments for migrants and those who assist them.
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 EUs Facilitators Package In the Twilight of Fighting Organised
Crime and the (Over)Criminalisation 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: Criminalising Practices and
Socio-Legal Implications in the EU
Flavia Patanè
7. Crimmigration through Administrative Surveillance of Civil Society at the
EUs External Borders,
Niovi Vavoula and Evangelia (Lilian) Tsourdi
8. Punitive Immigration Control for Difficult, Troublesome, or "Low
Recognition" Asylum Seekers: On Waterbed Theory and Globalised 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
Niovi Vavoula is Associate Professor and Chair in Cyber Policy at the University of Luxembourg. Her research interests involve EU immigration law, particularly the intersection of migration law and technology and criminalisation of migration, as well as IT law, with an emphasis on the regulation of cyberspace, AI, and data protection.
Evangelia (Lilian) Tsourdi is Professor and Jean Monnet Chair in European Migration Law and Governance at the Law Faculty of Maastricht University.
Valsamis Mitsilegas is a Professor of European and Global Law and Dean of the School of Law and Social Justice at the University of Liverpool. He is the author of 11 books and over 150 articles and chapters in the fields of European and transnational criminal law, migration law, security, human rights and the rule of law.
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