Droit, Collège de France, Paris, France


octobre 2011 à juin 2012

Search project

«Criminal policy and ‘fight' against illegal immigration. Lessons of European law from French and Italian experience.»

The aim of the research project is to contribute to the debate on the role of European Union law on national criminal policies on irregular immigration. The attribution to the EU of a competence in the field of border control, asylum and immigration and returning of illegal-staying third-country nationals, has echoed in national criminal policies, notably in the form of interactions between normative spaces (national and supranational), different but interfering with each other. Despite the convergence of the rhetoric of "struggle" against the "illegal-enemy ", the relations of EU law with national punitive law highlights, in particular through the interpretative activity of the Court of Justice of the European Union, an ambivalence of EU legal instruments: in addition to being vectors of "warlike anthropology," they appear like vectors of resistance to the drifting of criminal policies at the national level. The research program will test these interactions between different normative spaces through a comparative analysis of the impact of EU law on French and Italian criminal policies in the field of illegal immigration.