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Le droit pénal face à la migration transfrontière

Abstract : This study focuses on the link between criminal law and crossborder migration and will address two specific forms of migration : irregular migration and migration with a terrorist purpose. The main focus of this study is criminal law. This choice has resulted in a reversal of the original focus ; that is to say the effects of crossborder migration on criminal law as opposed to the effects of criminal law on crossborder migration. Both irregular migration and migration with a terrorist purpose undermine criminal law. With respect to irregular migration, criminal law is used as an administrative instrument to repel migrants from national borders particularly those in waiting zones and crossborder zones. Prevention policies against irregular migration implemented at the EU level have resulted in an entanglement of criminal norms, in various geographic areas, some of them were diverted to prevent migration by sea and other were created to stop migrants trying to enter by land via third countries. On the contrary, criminal law seems absent with regards to migration with a terrorist purpose. While it could effectively tackle this phenomenon, it seems overwhelmed by the rise of administrative police measures. These measures are able to anticipate in a quasi-predictive manner the risk of terrorism via crossborder migration and they in fact render criminal law ineffective. Thinking criminal law in the face of crossborder migration has allowed to reveal that irregular migration and migration with a terrorist purpose are legally contected, when they are considered through the prism of the risk conveyed.
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Submitted on : Friday, March 29, 2019 - 4:21:08 PM
Last modification on : Monday, September 14, 2020 - 11:22:07 AM
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  • HAL Id : tel-02084617, version 1



Ludivine Richefeu. Le droit pénal face à la migration transfrontière. Droit. Université Panthéon-Sorbonne - Paris I, 2018. Français. ⟨NNT : 2018PA01D050⟩. ⟨tel-02084617⟩



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