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This is a study of the legal framework on criminal measures on trafficking and/or smuggling and facilitating illegal entry in six Member States: France, Germany, Italy, the Netherlands, Spain and the UK, and the European Union. This issue is at the nexus of migration and criminal law. The system of criminal law in the Member States is a central part of the balance of the powers of the authorities and the rights of the citizen. The way in which civil liberties of the individual are weighed in comparison with public protection duties by the authorities is in essence a constitutional issue. The treatment of foreigners, in particular as regards their entry onto the territory and residence is not part of the constitutional settlements, but a field governed by state discretion and exceptionalism. The rules and administrative measures regarding entry, residence and expulsion of foreigners is not subject to the same civil liberties guarantees of due process as apply in criminal law.
This comparative study examines how, in each Member State, the insertion of immigration into criminal law takes place. Do the rules of criminal law in respect of due process take precedence over the lower evidential and procedural requirements which are applied in the field of immigration? How does the criminal justice system deal with this new field where central constitutional issues are not present? There are two levels on which the insertion of immigration into criminal law takes place - the legal and the social. This book deals with both. On the one hand it looks at the laws and the court decisions on criminal trials in respect of immigrants for immigration related offences, on the other hand it looks at how the society (political actors, media, interest groups etc) discuss and develop this issue.
This book is designed for policymakers, academics, students and activists concerned about the European Union.
|Immigration and criminal law in the European Union : the legal measures and social consequences of criminal law in member states on trafficking and smuggling in human beings||1|
|1||French criminal and administrative law concerning smuggling of migrants and trafficking in human beings : punishing trafficked people for their protection?||7|
|2||Trafficking and smuggling in France : social problems as transnational security issues||41|
|3||The legal framework of trafficking and smuggling in Germany : victim protection emerging from witness protection?||69|
|4||Social working of criminal law on trafficking and smuggling in human beings in Germany||113|
|5||Crimes of assisting illegal immigration and trafficking in human beings in Italian law : illegal immigration between administrative infringement and criminal offence||141|
|6||Looking for some coherence : migrants in-between criminalisation and protection in Italy||169|
|7||Dutch criminal and administrative law concerning trafficking in and smuggling of human beings : the blurred legal position of smuggled and trafficked persons : victims, instigators or illegals?||201|
|8||Controlling immigration and organized crime in the Netherlands : Dutch developments and debates on human smuggling and trafficking||241|
|9||I : trafficking in and smuggling of human beings : the Spanish approach||271|
|II : main issues on Spanish alien law and practice concerning trafficking and smuggling of human beings||279|
|III : main issues in Spanish criminal law and practice related to trafficking in and smuggling of human beings||298|
|10||The fight against illegal immigration, smuggling and trafficking in human beings in Spain : ambiguities and rhetoric||325|
|11||Trafficking and smuggling in human beings : the British perspective||345|
|12||The politics of irregular migration, human trafficking and people smuggling in the United Kingdom||371|
|13||EU action against trafficking of human beings : past, present and the future||387|
|Conclusions : the variable political and legal geography of people smuggling and trafficking in Europe||407|