The article analyses the criminal offence of illegal entry and stay, stated in Article 10-bis of Legislative Decree No 286/1998, introduced in the Italian legal system in 2009. Law No 67/2014 has provided for the abrogation of this crime, even though the provision is not still executive. After debating the juridical structure of the offence and the decisions expressed by the Italian Constitutional Court and the Court of Justice of the European Union upon it, there is an overview and a comparison about legislations of some European countries concerning illegal entry and stay. Conclusions are some critical considerations about the choice done by Italian legislator of criminalizing and, then, decriminalizing this act.
The Decriminalization of Migrants Illegal Entry and Stay in Italy: Juridical and Political Considerations
LANZA, Enrico
2015-01-01
Abstract
The article analyses the criminal offence of illegal entry and stay, stated in Article 10-bis of Legislative Decree No 286/1998, introduced in the Italian legal system in 2009. Law No 67/2014 has provided for the abrogation of this crime, even though the provision is not still executive. After debating the juridical structure of the offence and the decisions expressed by the Italian Constitutional Court and the Court of Justice of the European Union upon it, there is an overview and a comparison about legislations of some European countries concerning illegal entry and stay. Conclusions are some critical considerations about the choice done by Italian legislator of criminalizing and, then, decriminalizing this act.| File | Dimensione | Formato | |
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Enrico Lanza - The Decriminalization of Migrants Illegal Entry and Stay in Italy Juridical and Political Considerations.pdf
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