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Crimes of Assisting Illegal Immigration and Trafficking in Human Beings in Italian Law: Illegal Immigration between Administrative Infringement and Criminal Offence

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Chapter Summary

This chapter outlines the Italian law on smuggling of migrants, trafficking in human beings and irregular migration. It points out that in 1998 only Italy commenced to develop legislation on the three phenomena. It then examines legislation introduced in 1998 and points out that the legislator of 1998 did not emphasise the importance of police and judicial co-operation at European Union (EU) level. It also outlines modifications introduced by legislator in 2002. The chapter emphasises that these changes particularly were made on phenomenon of irregular migration. It shows that Italian legislation on smuggling of migrants and irregular immigration is restrictive, although not excessively if the EU reality is taken into account. It then analyses one provision of Schengen Implementing Agreement to demonstrate that the European law considers irregular migration a crime. It also explains why Schengen Implementing Agreement is not respected in the part related to penalisation of irregular migration.

Keywords: criminal offence; European law; European Union (EU); illegal immigration; irregular migration; Italian law; Schengen Implementing Agreement; smuggling of migrants; trafficking in human beings

10.1163/ej.9789004150645.i-425.37
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