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Paths into Irregularity: The Legal and Political Construction of Irregular Migration

Paths into Irregularity: The Legal and Political Construction of Irregular Migration <jats:sec><jats:title>Abstract</jats:title><jats:p>This article empirically analyses the political and legal construction of irregular migration across selected member states of the European Union. First, it considers how policies lay the preconditions for irregular migration. Second, it explores the role of politics and law in generating irregular migration. Thus, it carves out diverse and divergent practices across the EU and argues that these are related to divergent legal and political cultures among the member states. This reveals that regulations that are meant to prevent unwanted migration often have unintended side-effects and instead encourage irregular migration which is conceptualised as a policy gap and policy failure. The conclusion drawn from this is that some irregular migration can be avoided and that there is scope for accordingly reforming national laws.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

Paths into Irregularity: The Legal and Political Construction of Irregular Migration

European Journal of Migration and Law , Volume 13 (3): 275 – Jan 1, 2011

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
DOI
10.1163/157181611X587856
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>This article empirically analyses the political and legal construction of irregular migration across selected member states of the European Union. First, it considers how policies lay the preconditions for irregular migration. Second, it explores the role of politics and law in generating irregular migration. Thus, it carves out diverse and divergent practices across the EU and argues that these are related to divergent legal and political cultures among the member states. This reveals that regulations that are meant to prevent unwanted migration often have unintended side-effects and instead encourage irregular migration which is conceptualised as a policy gap and policy failure. The conclusion drawn from this is that some irregular migration can be avoided and that there is scope for accordingly reforming national laws.</jats:p> </jats:sec>

Journal

European Journal of Migration and LawBrill

Published: Jan 1, 2011

Keywords: irregular/illegal migration; European Union (EU); legal construction; immigration law; legal culture

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