@article{2018:maesa:ineffect,
title = {(In)Effectiveness of Criminal Sanctions as Regards Irregular Immigrants},
year = {2018},
note = {The article discusses whether criminal sanctions are the more
effective tool to deal with breaches of national substantive
immigration rules regulating the conditions of entry and stay of
third-country nationals and to achieve the objectives of the EU
migration policy in relation to irregularly entering or staying
third-country nationals. To that purpose, the article first defines
the concept of effectiveness and scrutinises the compatibility of
national laws criminalising the irregular entry and stay of
third-country nationals with EU law and then examines whether the use
of criminal law to sanction irregular migrants is justified in light
of the main theories of punishment and of the general principles of
criminal law: deterrence theory, social stigma argument, harm
principle, desert theory and proportionality of punishment. These
theories and principles governing EU criminal law have been selected
because of their significance in the development of present criminal
justice policies at the EU level in the field of irregular migration.
Drawing on the relevant criminal and criminological research, as well
as on the literature on enforcement, and considering that increasing
punitive measures has frequently failed to reduce recidivism, the
article therefore seeks to answer the question whether criminal
sanctions are the more effective tool to achieve the objectives of the
EU migration policy in relation to irregularly entering or staying
third-country nationals.},
journal = {EuCLR European Criminal Law Review},
pages = {5--38},
author = {Maesa, Costanza Di Francesco},
volume = {8},
number = {1}
}