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The paper aims to explore the intersection of migration policy and criminal law regarding marriages of convenience in Ireland.

June 14, 2026Critical CriminologyOpen Access

Penal Contradictions and the Pre-emptive Criminalisation of ‘Marriages of Convenience’: Towards an Anticipation-Discretion Nexus

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This article analyzes pre-emptive criminalization of marriage migration in Ireland, suggesting implications for future citizenship.

The paper aims to explore the intersection of migration policy and criminal law regarding marriages of convenience in Ireland.
Analyzed shifts in Irish migration policy from reactive to pre-emptive control strategies.
Investigated the dynamics of anticipation and discretion in migration control.
Developed a conceptual framework for understanding pre-emptive criminalisation in the context of citizenship.
Identified that 11 EU Member States criminalize marriages contracted for immigration purposes.
Debated the contradiction between constitutional marital protections and the criminalisation of such marriages in Ireland.
Proposed that the Irish state's approach mirrors a hybrid administrative/criminal strategy focused on 'intent' rather than mere action.

Stephanie Hanlon (2026) studied this question.

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