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This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.

Criminology. --- Law. --- Migration. --- European Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Aliens, Illegal --- Illegal immigrants --- Illegal immigration --- Undocumented aliens --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Human rights. --- Emigration and immigration. --- Human Rights. --- Criminology and Criminal Justice, general. --- Europe --- Emigration and immigration --- Government policy. --- Illegal aliens --- Rule of law --- Asylum, Right of --- Internal security --- Emigration and immigration law --- Freedom of movement --- Criminal justice, Administration of --- Human rights --- Administration of criminal justice --- Justice, Administration of --- Crime --- Criminal law --- Criminals --- Supremacy of law --- Administrative law --- Constitutional law --- Aliens --- Alien detention centers --- Human smuggling --- Law and legislation --- Legal status, laws, etc. --- Private International Law, International & Foreign Law, Comparative Law . --- Social sciences --- Study and teaching --- Law—Europe. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Immigration --- International migration --- Migration, International --- Population geography --- Assimilation (Sociology) --- Colonization --- Civil law --- Noncitizens --- Illegal immigration. --- Children of illegal aliens --- Illegal alien children --- Irregular migration --- Unauthorized immigration --- Undocumented immigration --- Women illegal aliens --- Noncitizen detention centers --- Enemy aliens --- Expatriates --- Foreign population --- Foreign residents --- Foreigners --- Non-citizens --- Resident aliens --- Unauthorized immigrants --- Undocumented immigrants --- Unnaturalized foreign residents --- Persons --- Human Migration. --- Private International Law, International and Foreign Law, Comparative Law. --- Europe. --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law