The Effectiveness of the European Approach to Irregular Migration – A Legal-economic Assessment
The Effectiveness of the European Approach to Irregular Migration – A Legal-economic Assessment

Summary/Abstract: There are few certainties in the feld of migration. From the factors thatdrive migrants to flee their countries and the conditions they expect to fnd in the destination country to migrants’ flows, routes and methods, migration policy is constantlyfunctioning within a feld of uncertainty. Yet, the importance of better managingmigration processes is becoming increasingly relevant due to the multiple factors thatstimulate the international movement of people, such as conflict, political or economicinstability or climate change. The uncertainty surrounding the European Union’s(EU) ability to manage migration has spurred a twofold approach: the criminalisation of migrant smuggling (in an all-encompassing way) and the externalisationof migration policy through agreements with third countries. However, are theseapproaches effective, or should the EU consider alternative strategies to address thechallenges posed by irregular migration? The purpose of this article is to evaluatethe effectiveness of the EU’s policies on irregular migration, by exploring frstly theeffectiveness of criminal law in deterring migrant smuggling and secondly the EU’srecent emphasis on externalisation. The consequences of both are examined in an effortto determine their effectiveness towards the objective. The article concludes with somesuggestions for the way forward.

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