From Informal Practices to Formal Policies: The Italian Approach to Migration under the EU Pact

• In Event: The EU Pact on Migration and Asylum: Why Criminologists Should Care? (II)

Abstract

Italy’s migration governance is shaped by the interplay of formal policies and informal control practices, creating a continuum of confinement for migrants. Key elements include widespread migrant "illegality," limited deportation capacity, immigration detention, and internal border policing. Despite strict migration laws and political rhetoric, deportations remain low, with fewer than 50% of detainees in pre-removal centers (CPRs) actually removed. Hotspot reception centers, originally meant for screening upon arrival, have evolved into de facto detention sites, with unofficial hotspots proliferating across the country.
The EU Pact on Migration and Asylum is expected to reinforce and formalize many of these practices. Its key regulations link asylum rejection directly to return procedures, expand detention capacity, and promote new readmission agreements with "safe" third countries. However, Italy’s structural constraints—such as its historically low deportation rates—raise doubts about the effectiveness of these measures. Instead, the Pact may lead to increased migrant illegalization and secondary movements toward northern Europe and back to Italy, as a result of infra-EU deportations.
Furthermore, the Pact's legal framework could trigger judicial conflicts over detention conditions and migrant rights, opening new possibilities for legal challenges. The formalization of informal practices may not only legitimize them but also expose them to greater scrutiny.
Ultimately, rather than a radical transformation, the Pact represents a continuation of existing trends, reinforcing Italy’s reliance on detention and containment as primary migration management strategies within the broader European context.

Authors

• Giulia Cristiano, University of Turin

• Giulia Fabini, University of Bologna

• Valeria Ferraris, University of Turin