The impact of legal form on ‘principles’ and ‘policies’: a case study on UK and EU immigration law.

1. Ersilia IncelliFaculty of Economics, Sapienza University of Rome The impact of legal form on ‘principles’ and ‘policies’: a case study on UK and EU immigration law.

3. Focus • The corpus and context • Theoretical applications • Data and methodology • Some results

4. Data – CorporaSub-corpora UK corpus (1999 – 2008) 7 documents Total words = 201,560 Type/Token ratio 3613/ 201,560 Source N-Lex EU corpus (2000 -2008) 26 documents Total words = 178,747 Type/Token ratio 6575/ 178,747 Source EUR-Lex Italian corpus (1988 – 2009) Italian immigration laws 170,000 words Source N-Lex Newspaper corpus 2009 1.Italian newspaper articles e.g. Libero, Repubblica, 5,000 w. 2. British newspaper articles e.g. Daily Mail, Daily Express. (Tabloid) 5,000 words

5. Uk CorpusUK. Immig. txt. - 7 documents Name of Law • Immigration and Asylum Act, 1999 • Nationality, Immigration, Asylum Act, 2002 • Asylum and Immigration (Treatment of Claimants) Act, 2004 • Immigration, Asylum and Nationality, 2006 • UK Borders Act, 2007 • Counter-Terrorism Act, 2008 • Criminal Justice and Immigration Act, 2008

6. admitting for research 979 4524 Treaty Amsterdam 3089 38059 asylum appl.. criteria 1271 9561 border intervention 990 6698 carriers data 582 2196 charter art 61 98 1558 convention asylum 880 4927 equal treat. employ 1048 4942 equal treatment race 859 3432 expulsion 1370 7256 facilitating un entry 325 952 family 913 4923 labour sit. Migrants 552 1935 liaison officers 587 2217 long term residents 1059 6954 mass influx displace 1084 5932 min. refugee status 1931 21331 ms asylum appl.. 1165 7816 protocol 12 229 653 reception 1056 5008 return illegal 1143 6633 right to move family 1321 10161 status of refugee 1224 8092 study third national 887 4461 trafficking victims 1076 5378 uniform resid. permit 774 3148 EU CorpusEU immig. Txt. – 26 documentsMainly secondary legislation – Regulations and DirectivesName of document

7. Why immigration law? 1. national law v. EU supranational law - transposition and compliance 2. regulatives affect the degree of imposition and directness level. ‘controlling’ 3. frozen and formulaic nature of statutory laws – characteristic phrasemes/specialized terminology

8. http://www.eubusiness.com/ Italy to seek Brussels' view on controversial immigration law 01 August 2008, 20:51 (ROME) - The Italian government, criticised by Brussels for its immigration policy, on Friday sought the opinion of the European Commission on the wording of new legislation on refugees and immigration.

9. AIM: to carry out empirical observation of legal forms and their specialized terminology, to analyze the pragmatic, linguistic realization patterns which express the socio–pragmatic functions of the law. Do these patterns function as features of stance, as regards to the construction of the identity of refugees and asylum seekers in the UK and EU legislation? Are these lexical choices similar to the everyday language which can be seen in the media? – for example metaphors usually used in the immigration context such as ‘migrant flows’, ‘smuggling immigrants in’, etc? Metaphorical shadows of the law? (Rossello, 2001) – Britain as a container (Charteris black,2005), Fortress Europe. Can I relate these features to theories of established lexico-grammatical patterns which provide explanations for positive and negative priming (Hoey, 1991)? (pedagogical purposes). Research Aims/Questions

10. Areas examined • The framework for analysing the texts is based around features such as nominalization, agency, human references, metaphor, and collocates around: - high frequency words, such as: asylum, refugee, immigration, illegal; • high frequency n-grams leave to enter, shall ensure tha, liable to deportation; • specialized terminology and peculiar lexical combinations, deportation,entry clearance, leave stamp; • but also low frequency words which are ‘telling’ like, alien. • metaphors such as flow, combat

11. Theoretical starting point.Law and culture • No legal system or forms can exist in isolation from the cultural beliefs and practices of the societies within which they work. (Gotti, et al, 2005). • Speech acts have ‘their anchoring in the social and cultural framework: subsequently their capacity to give insights into the acting and the rules of society’. (J. Visconti, 2009)

12. Theoretical frameworks Genre Analysis – Legal Discourse Studies Bhatia, 1993 Trosborg,1997 Critical Discourse Analysis Van dijk, 1977 Fairclough, 2001, Baker and McEnry,2005 TEXT ANALYIS Austin (1962) and Searle (1969) speech act theory Corpus theoretical approach Mahlberg, 2006 Baker, 2006 Discourse Analysis Lexical Cohesion Haliday and Hasan, 1976 Lexical Clusters Hoey, 1991

13. A CORPUS THEORETICAL FRAMEWORK • Language is a social phenomenon • Meaning and form are associated • Lexis is prioritized in corpus language description. Malhberg, 2006

14. Informing concepts and tools for corpus analysis • Keyword /cluster (Scot,2002), which may be more frequent in one corpus compared with another. e.g. third country nationals, leave to enter • Collocation - The co-occurrence of two words with frequency above chance. E.g.,stateless person.Collocates can contribute to ‘a semantic analysis of a word.’ Sinclair 1991:115-16

15. Semantic prosody, ‘the constant aura of meaning with which a form is imbed by its collocates’, (Louw, 1993:157). Semantic preference, (Stubbs, 2001:65) e.g. illegal immigrant, unlawful conduct, illicit trafficking. Discourse prosody – ‘a feature which extends over more than one unit in a linear string’. (Stubbs, 2001: 111-112)

16. Software for keyword identification • TaLTac2, version 2.9 –S. Bolasco, F.Baiocchi, A. Morrone, (Sapienza Rome University), for frequency lists and text comparison. • WMatrix (USAS – Semantic Annotation System) – Paul Rayson, Wilson and Thomas (1997), (University of Lancaster) for key semantic annotations. • ConcApp - Chris Greaves– for collocation and congram search.

17. Section 3739 person 1836 Immigration 1531 may 1439 subsection 1431 paragraph 1157 order 1153 not 1092 any 1063 Offence 1040 Part 978 Schedule 966 shall 949 State 886 has 825 United 593 if 792 Secretary 747 appeal 742 made 717 Asylum 713 Provision 665 after 631 court 583 criminal 560 Kingdom 556 substitute 538 other 519 applies 502 relation 481 Top 30 keywords in Uk immig.law

18. Member 2900 shall 2817 Article 2166 be 2152 State 1513 States 1501 This 1332 EUROPEAN 1169 is 1038 not 852 application 739 May 735 Council 658 Directive 636 national 635 asylum 630 accordance 624 UNION 606 Treaty 603 are 598 Community 569 their 565 residence 521 Any 514 has 496 provisions 496 such 468 paragraph 459 have 450 referred 432 Protection 424 persons 415 under 413 should 407 Top 30 keywords EU

19. Top 5 semantic categories UK 1. N1 Numbers • N5.1- Part Section subsection paragraph 3. G2.1 Law and order court regulations police tribunal penalty imprisonment rules constable statutory liable bail 4. G2.1- Crime criminal_justice law convicted security courts custody legal code arrest regulation appellant magistrates 5. G1.1 Government secretary of state officer

20. Top semantic categories EU 1. G1.1 Government state council asylum country parliament 2. S5+ Belonging to a group member community members public 3. N1 Numbers 1 2 3 4 5 4. G2. Law and order regulation law protocol court security

21. Dispersion plot

22. Dispersion plot

23. UK immig.txt

24. EU immig.txt.

25. Relative deviation - keyword difference EU UK

26. EU law v. UK law • host 198 v. 0 • measure/s 364 v. 50 • integration 39 v. 4 • integrate 11 v. 0 • shall 2801 v. 945 • shall not 196 v. 87 • ensure 219 v. 13 • objectives 70 v. 1 • protection 391 v. 19

27. UK v. EU law support 160 v. 22 may 1386 v. 735 may not 148 v. 24 deportation 75 v. 1 individual 65 v. 15 person 1827 v. 60

28. persons person host men asylum seeker refugee third-country national stateless persons entrant immigrant migrant alien/s child identity women people individuals population individual human_beings Mr. children human character Reference – People EU

29. Investigate alien

30. Investigate alien EU immig.txt v. Uk immig. txt alien 20 v. 0 aliens 20 v. 0 BNC example: ‘He's not so bad,' said Camille, feeling suddenly alien and rather lost in these surroundings

33. Concordance alien • ch Member State to check whether an alien found illegally present on its terri • y applicant for asylum and of every alien who is apprehended in connection wit • n " applicant for asylum " means an alien who has made an application for asyl • ingerprints of all fingers of every alien of at least 14 years of age who is a • e following data in relation to any alien , as referred to in paragraph 1 , wh • 1 . Each set of data relating to an alien as referred to in Article 8(1) shall • te on which the fingerprints of the alien were taken . Upon expiry of this per • abase . 2 . The data relating to an alien as referred to in Article 8(1) shall • paragraph 1 has expired : ( a ) the alien has been issued with a residence per • with a residence permit ; ( b ) the alien has left the territory of the Member • ry of the Member States ; ( c ) the alien has acquired the citizenship of any • With a view to checking whether an alien found illegally present within its t • which it may have taken of any such alien of at least 14 years of age together • re grounds for checking whether the alien has previously lodged an application • ther Member State where : ( a ) the alien declares that he/she has lodged an a • he made the application ; ( b ) the alien does not request asylum but objects • e would be in danger , or ( c ) the alien otherwise seeks to prevent his/her r • 1 . 3 . The fingerprint data of an alien as referred to in paragraph 1 shall • e . The fingerprint data of such an alien shall not be recorded in the central • aylum being resorted to for purposes alien to those for which it is intended ;

34. Investigate Alien – semantic relations

35. Right collocates for [ asylum ] = 42 UK 1 Act 365 2 and 246 3 seeker 95 4 claim 38 5 seekers 30 6 appeals 9 7 claimant 8 8 or 7 9 The 6 10 appeal 5 11 has 5 12 pending 5 13 Support 5

36. Investigate destitute uk • (provision of after-care services – exclusion of • destituteasylum seeker: interpretation)— “(5) Section 95(2 2 fare services of local authorities – exclusion of destituteasylum seeker: interpretation)— “(2B) Section 95( 3 dential accommodation with nursing – exclusion of destituteasylum seeker: interpretation)— “(5) Section 95(2 4 (provision of care and after-care – exclusion of destituteasylum seeker: interpretation)— “(4) Section 95(2 5 36)(functions of local authorities – exclusion of destituteasylum seeker: interpretation)— “(4) Section 95(2 6 ed by resolution of each House of Parliament. 44 Destituteasylum-seeker (1) Section 94 of the Immigration a 7 f section 18(3)). Use of centres 17 Supportfor destituteasylum-seeker (1) The Secretary of State may arra 8 2 of the Immigration and Asylum Act 1999 (c. 33) (destituteasylum-seeker with child: duty to support)— “122 F 9 5 of the Immigration and Asylum Act 1999 (c. 33) (destituteasylum-seeker) by arranging for the provision of a 10 igration and Asylum Act 1999 (c. 33) (support for destituteasylum-seeker) shall be amended as follows. (2) I 11 (c) sections 95 and 98 of that Act (support for destituteasylum-seeker). (3) In deciding

37. Failed asylum UK of claimants 8 Claimant’s credibility 9 Failedasylum seekers: withdrawal of support 10 Failed asylum 2 asylum seekers: withdrawal of support 10 Failedasylum seekers: accommodation 11 Accommodation for 3 (b) the Immigration Appeal Tribunal. 9 Failedasylum seekers: withdrawal of support (1) In Schedule 3 4 “Fifth class of ineligible person: failedasylum-seeker with family 7A (1) Paragraph 1 applies to • by virtue only of section 94(3A) (failedasylum-seeker with dependent child), or (ii) is Act 1999 (provision of accommodation for failedasylum seekers, &c.) add— “(5) The Secretary of State • 11 Third class of ineligible person: failedasylum-seeker 6 (1) Paragraph 1 applies to a person if— 12 and applicants 43 Accommodation 44 Failedasylum-seekers: withdrawal of support 45 Integration 13 and (d) may confer a discretion.” 44 Failedasylum-seekers: withdrawal of support (1) The Secretary • Immigration and Asylum Act 2002 (c. 41) (failedasylumseeker with family: withdrawal of support) to Strong collocate of failed asylum–seeker is ‘withdrawal of support’

38. Strong right collocates of refugee UK Convention 68 status 14 EU status 85 protection 6 means 7

39. Migrant EU • Convention on the legal status of migrant workers of 24 November 1977. 5 . Th ll make arrangements to secure for migrant workers and their dependants : ( a Convention on the Legal Status of MigrantWorkers of 24 November 1977 . CHAPT

40. Investigate illegal EU • 1 e Member States shall counter fraud and any other illegal activities affecting the financial interests of th • 2 laring the stay of a third-country national to be illegal and imposing or stating an obligation to return; 5 • 3 s adopted in order to combat illegal immigration, illegal employment, trafficking in human beings and the se • 4 d combating of illegal immigration, the return of illegal immigrants and the management of legal migration. • 5 host country, - routes followed by those flows of illegal immigrants in order to reach the territories of th • 6 in particular concern issues such as: - flows of illegal immigrants originating from or transiting through • 7 eans to facilitate the return and repatriation of illegal immigrants to their countries of origin, - legisla • 8 use for new developments with respect to flows of illegal immigrants, - methods used for counterfeiting or f • 9 is to provide a definition of the facilitation of illegal immigration and consequently to render more effect • 10 bute to the objective of preventing and combating illegal immigration and illegal residence. The format shou • 11 g those for the purpose of family reunion, (b) illegal immigration and illegal residence, including repat • 12 ing those for the purpose of family reunion, (b) illegal immigration and illegal residence, including repat • 13 sing conditions of entry and residence as well as illegal immigration and illegal residence. (2) The Tampere • Strongest collocates of illegal are IMMIGRATION / immigrant / flows

41. Metaphors of combat, fight, flow,EU • Whereas: • (1) In order to combat illegal immigration effectively and to improve border control, it is essential that all Member States introduce provisions laying down obligations on air carriers transporting passengers into the territory of the Member States. In addition, in order to ensure the greater effectiveness of this objective, the financial penalties currently provided for by the Member States for cases where carriers fail to meet their obligations should be harmonised to the extent possible, taking into account the differences in legal systems and practices between the Member States. • (2) The European Council of 25 and 26 March 2004 adopted a Declaration on combating terrorism stressing the need to expedite examination of measures in this area and take work forward on the proposed Council Directive on the obligation of carriers to communicate passenger data with a view to an early conclusion on this measure. • (3) It is important to avoid a vacuum in the Community's action in combating illegal immigration. • (4) As from 1 May 2004 the Council can no longer act on an initiative of a Member State. • (7) The obligations to be imposed on carriers by virtue of this Directive are complementary to those established pursuant to the provisions of Article 26 of the 1990 Schengen Convention implementing the Schengen Agreement of 14 June 1985 , as supplemented by Council Directive 2001/51/EC(2), the two types of obligation serving the same objective of curbing migratory flows and combating illegal immigration. • (8) Without prejudice to the provisions of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(3), the freedom of the Member States to retain or introduce additional obligations for aircarriers or some categories of other carriers, including information or data in relation to return tickets, whether referred to in this Directive or not, should not be affected. • (9) In order to combat illegal immigration more effectively and in order to ensure the greater effectiveness of this objective, it is essential that, without prejudice to the provisions of Directive 95/46/EC, account be taken at the earliest opportunity of any technological innovation, especially with reference to the integration and use of biometric features in the information to be provided by the carriers.

42. Investigate – illegal UK 2 . under any provision of section 24(1) of that Act (illegal entry etc.) shall also apply in relation to the of 3 fully in United Kingdom), (h) a decision that an illegal entrant is to be removed from the United Kingdom b 4 rued in accordance with section 1 of that Act, * “illegal entrant” has the meaning given by section 33(1) of 5 1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.), and (b) the person is or 6 1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.), (b) section 105(1)(a), (b 7 25 of the Immigration Act 1971 (c. 77) (assisting illegal entry)— “25 Assisting unlawful immigration to memb 8 ffence, the ship or aircraft carried more than 20 illegal entrants, and (b) a person who, at the time the o 9 tion 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to— 10 ion 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to— 11 ion 25B, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to a 12 tion 25(1) of the Immigration Act 1971 (assisting illegal entry etc.)” there shall be substituted “section 2 • Strongest collocates of illegal ENTRY and ENTRANT

43. Deportation UKstrong collocate liable to 1 within the meaning of section 131, and (b) is liable to deportation, but cannot be removed from the 2 for subsection (1)(b)— “(b) shall not be liable to deportation under section 3(5) if at the time 3 in the United Kingdom if the person— (a) is liable to deportation, but (b) cannot be deported for 4 Act 1971 (c. 77) (interpretation), * “liable todeportation” has the meaning given by section 5 than under a provision of the 1971 Act; (b) is liable (under section 3(6) of that Act) to deportation as

44. the secretary of state 713 immigration and asylum act 325 for the purposes of 303 in the united kingdom 194 and immigration act 2008 187 secretary of state may 182 for the purpose of 156 the immigration and asylum 151 the immigration act 1971 148 an offence under section 142 of the immigration and 138 of the nationality immigration 134 amended as follows 2 129 within the meaning of 128 in relation to a 110 by the secretary of 109 of the criminal justice 106 is amended as follows 105 as follows 2 in 104 in respect of the 96 of the immigration act 95 in england and wales 94 asylum and immigration treatment 92 treatment of claimants etc 92 and immigration treatment of 92 immigration treatment of claimants 92 in relation to an 90 to enter or remain 89 the criminal justice act 87 in the case of 86 the asylum and immigration 85 outside the united kingdom 80 Top 4- n-gram frequency UK

45. Investigate Leave to enter UK 1 of State at which a person— (a) seeks leave to enter or remain in the United Kingdom, or (b) claims 2 2004), to a person who has been granted leave to enter or remain in the United Kingdom, and (b) carries 3 decision” means— (a) refusal of leave to enter the United Kingdom, (b) refusal to vary a 4 Kingdom, (b) refusal to vary a person’s leave to enter or remain in the United Kingdom, (c) grant of 5 in the United Kingdom, (c) grant of leave to enter or remain in the United Kingdom, (d) a decision 6 1951, and (b) granted him indefinite leave to enter or remain in the United Kingdom (within the 7 of entry: persons arriving with leave to enter) insert— “(2A) Where the person’s leave to enter 8 enter) insert— “(2A) Where the person’s leave to enter derives, by virtue of section 3A(3), from an 9 Act 1971 (c. 77) he requires leave to enter or remain in the United Kingdom (whether or not 10 Act 1971 (c. 77) he requires leave to enter or remain in the United Kingdom (whether or not 11 applies to an appeal against refusal of leave to enter the United Kingdom if— (a) at the time of the 12 (3B) or (3C) applies to the refusal of leave to enter. (3B) This subsection applies to a

46. ‘leave to enter’ pattern UKstrongest right and left collocatesAgents officer/person • Officers give • grant • limit leave to enter or remain • invalidate as a visitor • refuse the United Kingdom • persons have by an officer • have no • obtain • require • seek

47. Investigate may not UK • 1 ed Kingdom. (3) Regulations under subsection (1) may not— (a) impose a requirement in respect of a person • 2 itute— “89 Refusal of leave to enter (1) A person may notappeal under section 82(1) against refusal of leav • 3 section 82(2)(a), (b), (d) or (e). (2) A person may notappeal under section 82(1) against an immigration • 4 “88A Ineligibility: entry clearance (1) A person may notappeal under section 82(1) against refusal of entr • 5 from within United Kingdom: general (1) A person may notappeal under section 82(1) while he is in the Unit • 6 ed Kingdom: “third country” removal (1) A person may notappeal under section 82(1) while he is in the Unit • 7 described in paragraph (b) or (c). (2) A person may notappeal under section 82(1) against refusal of leav • 8 moval A person who is outside the United Kingdom may notappeal under section 82(1) on the ground specified • 9 nt) substitute— “88A Entry clearance (1) A person may notappeal under section 82(1) against refusal of an a • 10 ction 84(1)(b) and (c). 91 Student (1) A person may notappeal under section 82(1) against refusal of entr • 11 hority are the admission authority, the authority may notarrange for the admission of a child to whom this • 12 t. 25 Length of stay (1) The Secretary of State may notarrange for the provision of accommodation for a p • 13 ) While a person’s claim for asylum is pending he may notbe— (a) removed from the United Kingdom in accord

48. Permission Tag S.7.4+ UK • authorised S7.4+ 131 0.07 • right S7.4+ 59 0.03 • permission S7.4+ 56 0.03 • entitled S7.4+ 45 0.02 • provide_for S7.4+ 43 0.02 • consent S7.4+ 42 0.02 • permit S7.4+ 40 0.02 • approved S7.4+ 39 0.02 • rights S7.4+ 38 0.02 • authorise S7.4+ 28 0.01 • entitlement S7.4+ 20 0.01 • authorisation S7.4+ 18 0.01 • admission S7.4+ 17 0.01 • providing_for S7.4+ 13 0.01 • authorising S7.4+ 11 0.01 • permitted S7.4+ 10 0.01 • provided_for S7.4+ 10 0.01 • permitting S7.4+ 9 0.00 • prohibited S7.4- 9 0.00 • provides_for S7.4+ 8 0.00 • admissible S7.4+ 6 0.00 • allow S7.4+ 6 0.00 • proscribed S7.4- 5 0.00 • prohibiting S7.4- 5 0.00 • delegate S7.4+ 4 0.00 • allowed S7.4+ 4 0.00

49. in accordance with 624 referred to in 396 member states shall 384 a member state 310 accordance with the 292 of the treaty 291 member states may 239 treaty establishing the 235 application for asylum 214 the provisions of 199 the european parliament 198 third country nationals 181 of this directive 176 third country national 172 the territory of 165 without prejudice to 152 host member state 150 regard to the 149 the host member 144 set out in 137 be replaced by 136 shall be replaced 135 to the treaty 134 in order to 126 accordance with article 122 regulation ec no 118 official journal of 117 journal of the 117 in paragraph 1 112 having regard to 111 laid down in 107 the third country 104 the principle of 104 shall ensure that 101 Top 3 word groups of words(n-grams) in EC

50. Shall ensure that 101 EC 1 as unfounded or as inadmissible. 4. Member States shall ensure thata decision in the framework of the procedures prov 2 al assistance and representation 1. Member States shall ensure thata legal adviser or other counsellor admitted or pe 3 sonal interview in the procedure 1. Member States shall ensure thata written report is made of every personal intervi 4 propriate examination. To that end, Member States shall ensure that: (a) applications are examined and decisions are t 5 cation without a representative. 4. Member States shall ensure that: (a) if an unaccompanied minor has a personal inte 6 vere curtailment of such access. 3. Member States shall ensure that: (a) the applicant is informed in an appropriate m 7 here medical examinations are used, Member States shall ensure that: (a) unaccompanied minors are informed prior to th 8 ision of the determining authority, Member States shall ensure that access is possible as soon as necessary for allowi 9 re-admit the applicant for asylum, Member States shall ensure that access to a procedure is given in accordance with 10 for asylum to enter its territory, Member States shall ensure that access to a procedure is given in accordance with 11 refugee status has been granted. 2. Member States shall ensure that activities such as employment-related education op 12 edures provided for in Chapter III, Member States shall ensure that all applicants for