This article empirically analyses the political and legal construction of irregular migration across selected member states of the European Union. First, it considers how policies lay the preconditions for irregular migration. Second, it explores the role of politics and law in generating irregular migration. Thus, it carves out diverse and divergent practices across the EU and argues that these are related to divergent legal and political cultures among the member states. This reveals that regulations that are meant to prevent unwanted migration often have unintended side-effects and instead encourage irregular migration which is conceptualised as a policy gap and policy failure. The conclusion drawn from this is that some irregular migration can be avoided and that there is scope for accordingly reforming national laws.
Recent migration 'crises' raise important geopolitical questions. Who is 'the migrant' that contemporary politics are fixated on? How are answers to 'who counts as a migrant' changing? Who gets to do that counting, and under what circumstances? This forum responds to, as well as questions, the current saliency of migration by examining how categories of migration hold geopolitical significance-not only in how they are constructed and by whom, but also in how they are challenged and subverted. Furthermore, by examining how the very concepts of 'migrant' and 'refugee' are used in different contexts, and for a variety of purposes, it opens up critical questions about mobility, citizenship and the nation state. Collectively, these contributions aim to demonstrate how problematising migration and its categorisation can be a tool of enquiry into other phenomena and processes.
The concept of clandestine or illegal migration dates back to the 1930s but only became prominent during the 1980s and 1990s. It is an umbrella term that refers to a complex set of conditions and embraces various patterns. Instead of applying the conventional but crude legal/illegal dichotomy this article suggests a fine-tuned analysis of clandestine migration on a scale between the two poles. This contribution surveys the state of the art and discusses various approaches in clandestine migration research; it aims at clarifying as yet blurred definitions, discusses often problematical quantitative aspects, and gives an overview of various major patterns in clandestine migration. Finally, in reflecting on the specific conditions that determine clandestine migration, it argues that this phenomenon is a social construct of the 21st century.
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