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

Hardcover (Print)
Buy New
Buy New from BN.com
$181.05
Used and New from Other Sellers
Used and New from Other Sellers
from $136.20
Usually ships in 1-2 business days
(Save 36%)
Other sellers (Hardcover)
  • All (6) from $136.20   
  • New (1) from $181.63   
  • Used (5) from $136.20   

Overview

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.

Read More Show Less

Editorial Reviews

From the Publisher
‘Overall, the book offers a useful insight into how similar Member States are responding legally and politically to the issue of trafficking.’
Sandhya Drew, Common Market Law Review 44-3, 2007.
Read More Show Less

Product Details

Meet the Author

Elspeth Guild is Professor of European Migration Law at the Radboud University, Nijmegen and a partner at the London law firm Kingsley Napley. She is co-editor of the European Journal of Migration and Law and the Immigration and Asylum Law and Policy in Europe book Series.
Paul Minderhoud is a Senior Researcher at the Centre for Migration Law of the Radboud University, Nijmegen. He is co-editor of the European Journal of Migration and Law.
Read More Show Less

Table of Contents

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 Elspeth Guild;
1. French Criminal and Administrative Law Concerning Smuggling of Migrants and Trafficking in Human Beings: Punishing Trafficked People for their Protection? Johanne Vernier;
2. Trafficking and Smuggling in France: Social Problems as Transnational Security Issues Virginie Guiraudon;
3. The Legal Framework of Trafficking and Smuggling in Germany: Victim Protection Emerging from Witness Protection? Katja S. Ziegler;
4. Social Working of Criminal Law on Trafficking and Smuggling in Human Beings in Germany Norbert Cyrus and Dita Vogel;
5. Crimes of Assisting Illegal Immigration and Trafficking in Human Beings in Italian Law: Illegal Immigration between Administrative Infringement and Criminal Offence Matilde Ventrella McCreight;
6. Looking for Some Coherence. Migrants in-between Criminalisation and Protection in Italy Raffaela Puggioni;
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? Bregje Pieters;
8. Controlling Immigration and Organized Crime in the Netherlands. Dutch Developments and Debates on Human Smuggling and Trafficking Richard Staring;
9. Trafficking in and Smuggling of Human Beings: The Spanish Approach. Main Issues on Spanish Alien Law and Practice concerning Trafficking and Smuggling of Human Beings C. Gortázar Rotaeche, E. García Coso and A. Obregón Garcia;
10. The Fight against Illegal Immigration, Smuggling and Trafficking in Human Beings in Spain. Ambiguities and Rhetoric Carmen González Enríquez;
11. Trafficking and Smuggling in Human Beings. The British Perspective Dora Kostakopoulou;
12. The Politics of Irregular Migration, Human Trafficking and People Smuggling in the United Kingdom Andrew Geddes;
13. EU Action against Trafficking of Human Beings. Past, Present and the Future Tom Obokata;
Conclusions: The Variable Political and Legal Geography of People Smuggling and Trafficking in Europe Elspeth Guild;
List of Contributors;
Index.
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)