Minderhoud Paul
This author's articles
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5 November 2006
Dr. Paul Minderhoud is a senior researcher at the Centre for Migration Law of the Radboud University of Nijmegen, the Netherlands. His main research interests are the legal and socio-legal aspects of immigrants and social security. He is co-editor of the European Journal of Migration and Law and co-ordinator of the Network on Free Movement of Workers in the EU.
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30 June 2006
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.