The criminalisation of migration in Italy: Current tendencies in the light of EU law

The word crimmigration first appeared in the USA about 20 years ago, following some studies that for the first time had observed a general tightening in the instruments available for managing the migration phenomenon. More specifically, these studies observed a progressive and real hybridisation between the administrative tools (usually adopted in the management of migratory flows) and criminal law instruments, obviously much more incisive on the personal freedom of foreigners. While retaining this feature, recent studies show that today, crimmigration results, also, in few more related features: an overcriminalisation that affects the foreigners and those who, for solidarity purposes, provide them with assistance (as in the case of the incrimination of the conduct of NGOs); or, again, in the inappropriate use of administrative law instruments, loaded with purposes and modalities typical of criminal law. Starting from these premises, the aim of the article is to assess whether the rationale of crimmigration is present in the instruments set up by the Italian Legislator for border control and migration management. To this end, these instruments will be taken into consideration by analysing their contents and their possible compliance with the logic of crimmigration, contextualising them in the broader and more debated European framework of measures on the matter.