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 Rights

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Elspeth Guild, P. Paul E. Minderhoud
Martinus Nijhoff Publishers, 2006 - Law - 424 pages
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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 howthe 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.
  

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Contents

PUNISHING TRAFFICKED PEOPLE FOR THEIR PROTECTION? Johanne Johanne Vernier
7
SOCIAL PROBLEMS AS TRANSNATIONAL SECURITY ISSUES Virginie Guiraudon
41
VICTIM PROTECTION EMERGING FROM WITNESS PROTECTION?
69
Norbert Cyrus and Dita Vogel SOCIAL WORKING OF CRIMINAL LAW ON TRAFFICKING AND SMUGGLING IN HUMAN BEINGS IN GERM...
113
ILLEGAL IMMIGRATION BETWEEN ADMINISTRATIVE INFRINGEMENT AND CRIMINAL OFFENCE
141
MIGRANTS INBETWEEN CRIMINALISATION AND PROTECTION IN ITALY
169
VICTIMS INSTIGATORS OR ILLEGALS?
201
Richard Staring CONTROLLING IMMIGRATION AND ORGANIZED CRIME IN THE NETHERLANDS DUTCH DEVELOPMENTS AND DEBA...
241
AMBIGUITIES AND RHETORIC
325
THE BRITISH PERSPECTIVE
345
Andrew Geddes THE POLITICS OF IRREGULAR MIGRATION HUMAN TRAFFICKING AND PEOPLE SMUGGLING IN THE UNITED KINGD...
371
PAST PRESENT AND THE FUTURE
387
THE VARIABLE POLITICAL AND LEGAL GEOGRAPHY OF PEOPLE SMUGGLING AND TRAFFICKING IN EUROPE
407
LIST OF CONTRIBUTORS
415
INDEX
421
Copyright

THE SPANISH APPROACH
271

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About the author (2006)

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.

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