The Condition of Foreigner as a Contact between Illegal Immigration and Trafficking in Human Beings/Smuggling of Migrants: a Report about Italian Legislation .

The article will point out the relationship between the illegal immigration and the trafficking in human beings and smuggling of migrants, as a global phenomenon which affects both industrial and developing countries and as a national emergency which involves people in organized crime towards Lampedusa and Pantelleria, throughout the methodological analysis of the foreigner's status. The authors will examine the national laws about the offences, comparing with the European and International juridical instruments and proposing predictable solutions in order to prevent and to fight these figures of organized crime. 1. Social and Political Evolution about Migrant's Phenomenon in Italy: Where, Why, How Basically migration represented a social and political problem, which has been growing up for the last 20 th years. A relevant driving force behind migration in Europe was the economic development that has taken place. Economic growth has created strong labour demand in multiple countries and has led to large-scala migration of workers from poorer nations. During the economic recession caused by oils crisis some destination countries have closed own boundaries and have became hostile towards migrants. These flows of people towards European Nations had transformed migrations into illegal immigrations. National protectionism had spurred the illegal immigrations in the lack of international legislation that provided for migrants regulation. These social changes have been facilitated by the post-industrial and the technological revolution in information and communication technologies, together with the subsequent changes in employment and organization patterns. One of the main effects of economic globalization is "to work as a unit in real time on a planetary scale" (Castells, 1996). This global mutation caused by post-modern and network society had lead to the spread of capitalism across the world (Franko Aas, 2007). The factory has been replaced as main unity of production, creating a new production and labour models such as "subcontracting, the decentralization of production, outworking, job sharing, part-time work, self employment and consultancy" (Borja, Castells, 1997). Consequently flows of people (money, information, items, etc.) have gone across national boundaries. The problem of migration has been really considered in the Schengen Agreement (1985). Article 27 establishes "1. The Contracting Parties undertake to impose appropriate penalties on any person who, for financial gain, assists or tries to assist an alien to enter or reside within the territory of one of the Contracting Parties in breach of that Contracting Party's laws on the entry and residence of aliens. 2. If a Contracting Party is informed of actions as referred to in paragraph 1 which are in breach of the law of another Contracting Party, it shall inform the latter accordingly. 3. Any Contracting Party which requests another Contracting Party to prosecute, on the grounds of a breach of its own laws, actions as referred to in paragraph 1 must specify, by means of an official report or a certificate from the competent authorities, the provisions of law that have been breached". In European context migration already meant organized crime.