Criminal law and migration: The sources and implications of uncertain sanctioning regimes
This article investigates the role of uncertainty, in the context of the criminalisation of irregular entry and stay in Europe. Specifically, it examines the adoption and enforcement of the norm making irregular migration a crime in Italy and France, arguing that implementation has been highly uneven in both countries. While the roots of such uncertainty may be related to both legal and political aspects, and, ultimately, to the problematic nature of the criminalisation of irregular migration itself, its implications range beyond individual cases, potentially leading to counterproductive outcomes for both migrants and migration-reception systems.
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