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Migrant Smuggling Data and Research

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ather unknown (Carrera, 2016). In Greece, for instance, where the element of<br />

financial benefit is not required, all drivers of all types of vehicles are potentially<br />

criminally liable (L.4251/2014§30). In practice, arrests have been carried out<br />

against tourist buses <strong>and</strong> taxi drivers for allowing undocumented drivers on<br />

board (Hellenic Police, 2015a, 2015b, 2015c, 2015d, 2015e, 2015f <strong>and</strong> 2016;<br />

Kathimerini, 2015). <strong>Migrant</strong> smuggling charges have commonly also been pressed<br />

against unauthorized steering of a refugee dinghy that carried the captain’s family<br />

members (Efimerida Syntakton, 2015). Volunteer lifeguards searching for a boat<br />

that was presumed to be in distress were also arrested (Kathimerini, 2016). In<br />

Spain, a photojournalist was arrested for carrying undocumented migrants in<br />

her car towards Melilla. In Germany, on the other h<strong>and</strong>, a migrant who helped<br />

his fiancée enter the country irregularly was acquitted of the smuggling charges<br />

(Carrera et al., 2016).<br />

In 2016, in an effort to improve its overall legislative framework, the<br />

European Commission launched a public consultation (European Commission,<br />

2016). Its impact remains to be seen.<br />

Review of migrant smuggling research<br />

<strong>Migrant</strong> smuggling to <strong>and</strong> within Europe has been the subject of a growing<br />

number of studies in recent years. To analyse the crime, scholars have employed<br />

a broad spectrum of theoretical angles, analytical frames <strong>and</strong> orientations.<br />

The variety of the approaches is reflective of the difficulty to comprehend the<br />

complexity of the phenomenon (Baird, 2013a; Baird <strong>and</strong> van Liempt, 2016; Salt,<br />

2000; van Liempt, 2007).<br />

While literature of migrant smuggling in Europe is quite diverse <strong>and</strong><br />

vast, for the purposes of the present study, two broadly defined axes to review<br />

contemporary contributions will be used: (a) the so-called criminological<br />

approach, which focuses primarily on the modus oper<strong>and</strong>i of the smuggling<br />

process as an illicit business; <strong>and</strong> (b) the sociological perspective, which<br />

investigates the social dynamics <strong>and</strong> relational dimension of migrant smuggling<br />

(United Nations Office on Drugs <strong>and</strong> Crime) (UNODC), 2011; Baird, 2013a;<br />

Baird <strong>and</strong> van Liempt, 2016). Given the different nuances attributed to each<br />

term within literature, this chapter will broadly outline the key features of each<br />

category as used here before presenting the scope <strong>and</strong> some key limitations <strong>and</strong><br />

strengths of each approach.<br />

The criminological dimension, the origins of which are often accredited<br />

to Salt <strong>and</strong> Stein’s seminal 1997 work “Migration as Business”, places migrant<br />

<strong>Migrant</strong> <strong>Smuggling</strong> <strong>Data</strong> <strong>and</strong> <strong>Research</strong>:<br />

A global review of the emerging evidence base<br />

121

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