Sulle tracce della crimmigration in Europa: l'espulsione dello straniero in un confronto fra Spagna, Italia e Francia

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Abstract

Following the trend emerged in the Italian legal system, this essays analyses in a comparative key the Spanish and French legislation concerning the expulsion of foreign citizens and highlights how, like the Italian ones, also the examined foreign regulations attribute to such measure a protean nature, which seems to be conceived ad hoc to engender debatable forms of hybridisation between the proper function of the ‘modern’ administrative expulsion as an instrument of management of the phenomenon of migration and the punitive/sanctioning functions of the ‘classical’ model of expulsion-criminal sanction aimed at striking the migrant who has become ‘undesired’, inasmuch as offender. This confirms that the crimmigratory deviations – already verified in the Italian regulation – are manifestations of a real normative trend common to more States in the European context.
Original languageItalian
Pages (from-to)273-325
Number of pages53
JournalRIVISTA TRIMESTRALE DI DIRITTO PENALE DELL'ECONOMIA
Publication statusPublished - 2019

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