"EU migration policy has generally followed a logic of deterrence and criminalization. Irregular migrants to all but two EU countries are subject to significant criminal penalties, including incarceration. Matilde Rosina shows convincingly in this pathbreaking and carefully documented analysis of Italian and French migration policies that criminalization imposes cruelty and hardship on migrants but does not reduce migration. Establishing increased legal pathways would not only prevent unnecessary suffering for migrants but also benefit receiving countries." - Alan Cafruny, Henry Platt Bristol Professor of International Relations, Hamilton College, USA This book explores the criminalisation of irregular migration in Europe. In particular, it investigates the meaning, purpose, and consequences of criminalising unauthorised entry and stay. From a theoretical perspective, the book adds to the debate on the persistence of irregular migration, despite governments' attempts at deterring it, by taking an interdisciplinary approach that draws from international political economy and criminology. Using Italy and France as case studies, and relying on previously unreleased data and interviews, it argues that criminalisation has no effect on migratory flows, and that this is due to factors including the latter's structural determinants and the likely creation of substitution effects. Furthermore, criminalisation is found to lead to adverse consequences, including by contributing to vicious cycles of irregularity and insecurity. Matilde Rosina is Fellow in International Migration at the European Institute of the London School of Economics and Political Science, UK. Her research focuses on irregular migration, with specific reference to the European context. Matilde obtained her award-winning PhD in International Political Economy from King's College London, having received scholarships from the Luigi Einaudi Foundation and the Jean Monnet Foundation for Europe. Before joining LSE, Matilde lectured at City, University of London, and at Fordham University.

Auteur

Matilde Rosina is Fellow in International Migration at the European Institute of the London School of Economics and Political Science, UK. Her research focuses on irregular migration, with specific reference to the European context. Matilde obtained her award-winning PhD in International Political Economy from King's College London, having received scholarships from the Luigi Einaudi Foundation and the Jean Monnet Foundation for Europe. Before joining LSE, Matilde lectured at City, University of London, and at Fordham University.

Résumé

This book explores the criminalisation of irregular migration in Europe. In particular, it investigates the meaning, purpose, and consequences of criminalising unauthorised entry and stay. From a theoretical perspective, the book adds to the debate on the persistence of irregular migration, despite governments' attempts at deterring it, by taking an interdisciplinary approach that draws from international political economy and criminology. Using Italy and France as case studies, and relying on previously unreleased data and interviews, it argues that criminalisation has no effect on migratory flows, and that this is due to factors including the latter's structural determinants and the likely creation of substitution effects. Furthermore, criminalisation is found to lead to adverse consequences, including by contributing to vicious cycles of irregularity and insecurity.

Contenu
Chapter 1. Introduction1. Introduction 2. Key questions and implications of the research3. Methodological notes4. Plan of the book
Chapter 2. Globalisation and irregular migration1. Introduction2. The IPE of irregular migration: Theoretical interpretationsa. The realist approachb. The neoliberal institutionalist approachc. The transnationalist approach3. Migration policies and their 'gaps'4. Controlling migration through deterrence? 5. Conclusion
Chapter 3. Deterrence in international migration: Between IPE and criminology1. Introduction2. The functioning of deterrencea. Legal costs: Certainty and severityb. Bounded rationality and perceptionsc. Social costs: Stigmatisation and social control3. The pitfalls of deterrence a. Do costs outweigh benefits? The lack of positive incentivesb. Availability of alternativesc. Multiple audiences: The political dimensiond. Information and unconscious biases4. Conclusion
Chapter 4. Criminalising migration in Europe1. Introduction2. Theoretical aspects: The meaning and purpose of criminalisation 3. Criminalisation as securitisation?4. Between the EU and the national dimension5. Conclusion
Chapter 5. Italy: From tough rhetoric to counter-productive consequences1. Introduction2. From rhetoric to paper: Discursive gaps3. From paper to enforcement: Implementation gaps4. From enforcement to overall outcomes: Efficacy gapsa. Efficacy: Easing expulsions, and deterring arrivals?b. Efficiency: How much does criminalisation cost?c. Coherence: Is criminalisation internally and externally consistent?d. Sustainability: Can criminalisation be maintained in the long term?e. Utility: Who benefits from criminalisation?5. Conclusion
Chapter 6. France: Between instrumentalization, courts, and marginalisation1. Introduction2. Rhetoric and instrumentalization3. Implementation4. Effectiveness: Beyond goals and outcomes a. (In)efficacyb. (In)efficiency: The duplication of processes and costsc. (In)coherence: The contradictory nature of sanctions, and other problemsd. (Un)sustainability: The trade-off between certainty and efficiencye. (Political) utility5. Conclusion
Chapter 7. The effects and counter-effects of criminalisation: On skinny balloons and vicious cycles1. Introduction2. Comparing and contrasting criminalisation in Italy and France3. Deterrence pitfalls and criminalisation a. Pitfall 1: Can costs outweigh benefits?b. Pitfall 2: Does criminalisation deter, or simply divert? On alternatives and skinny balloonsc. Pitfall 3: The politicisation of migration and of its criminalisationd. Pitfall 4: The role of information4. Vicious cycles of insecurity5. Criminalisation and the purpose of punishment6. Conclusion
Chapter 8. Conclusion 1. Introduction2. The criminalisation of irregular migration: Between policy gaps and vicious cycles3. Criminalisation, migration and globalisation: Theoretical observations4. Concluding remarks