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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 by Paul Minderhoud (Editor) Elspeth Guild (Editor) is a nonfiction available to read on EtoBox.

What is 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 about?

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 ev

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Author

Paul Minderhoud (Editor) Elspeth Guild (Editor)

Publisher

Brill Academic Publishers

Published

2006

Language

EN

ISBN

9789047409304

Category

nonfiction

Subjects

Science, Law, Political Science