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

2006 ◽  
pp. 1-6 ◽  
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Social Consequences ◽  
The European Union ◽  
Human Beings ◽  
Member States

scholarly journals New Legal Solutions in the Hungarian Criminal Law with Reference to the Fight against the Irregular Migration

2019 ◽  
Vol 4 (2) ◽  
pp. 44
Author(s):  
Robert Bartko
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Code ◽  
The European Union ◽  
Irregular Migration ◽  
Member States ◽  
Irregular Migrants ◽  
Criminal Procedure Law ◽  
General Section ◽  
Criminal Statistics

International migration has intensified during the last two decades. Europe has been receiving increasing number of migrants from the developing countries (primarily from the Near-East). The number of the irregular migrants entered the European Union reached unprecedented levels in the last four years. The mentioned phenomenon affected the European Union and the Member States as well. The irregular migration is defined and managed in different ways by the Member States. In 2015, when Hungary was in the centre of the migratory flow, a political decision on taking the necessary criminal measures to stop the irregular migrants was made by the Hungarian Government. The legal response concerned widely the Hungarian legal system. In the centre of the amendment were the criminal law and the criminal procedure law. Within the frame of the mentioned decision the Hungarian Criminal Code was amended with three new crimes which are the followings: damaging the border barrier, unlawful crossing the border barrier and obstruction of the construction work on border barrier. The above-mentioned amendment modified the general section of the Criminal Code as well concerning the irregular migration. The aim of the paper is to present on the one hand the solution of the Hungarian criminal law with special reference to the new statutory definitions using the analytical method and on the other hand the data of the Hungarian criminal-statistics as well. However, it shall be underlined that in our paper we could work only with the offical criminal-statistics for 2015-2017 because until the finishing of our study the Unified Hungarian Criminal Statistic of the Investigation Authorities and Prosecution did not summarize yet the data concerns the year of 2018.

scholarly journals Expulsion or Imprisonment? Criminal Law Sanctions for Breaching an Entry Ban in the Light of Crimmigration Law

2017 ◽  
Vol 4 (2) ◽  
pp. 247
Author(s):  
Jim Waasdorp ◽  
Aniel Pahladsingh
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Case Law ◽  
The European Union ◽  
Illegal Migration ◽  
Member States ◽  
National Legislation ◽  
Illegal Migrant ◽  
Court Of Justice ◽  
The Eu

At EU-level, the use of substantive criminal law as a response to illegal migration is materialised by both the EU legislator and the Member States individually. EU involvement in criminalizing illegal migration takes place in a twofold manner: directly, through harmonization of national legislations, and indirectly, through the case law of the Court of Justice of the European Union (CJEU). An example of the latter is the case law of the CJEU regarding criminal law sanctions for breaching an entry ban. In 2008 the EU adopted the Return Directive. This directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. To actually effectuate their return, the Return Directive provides for several instruments, inter alia, entry bans. In this article, we will analyse six judgments of the CJEU in the light of crimmigration law and make a distinction between the Member Statesʼ power to classify a breach of an entry ban as an offence and to lay down criminal law sanctions in national legislation, and their power to impose such sanctions.Key notes: Return Directive, entry ban, illegal migrant, criminal law sanctions, crimmigration, expulsion  

The emerging EU extradition Law. Petruhhin and beyond

2017 ◽  
Vol 8 (2) ◽  
pp. 192-215 ◽  
Author(s):  
Miguel João Costa
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Equal Protection ◽  
The European Union ◽  
Member States ◽  
Court Of Justice

In a recent decision, the Court of Justice of the European Union held that Member States which apply a nationality exception in their extradition relations with third States are bound, under certain circumstances, to accord equal protection to EU citizens other than their own nationals. This article evaluates the nature, scope, impact and meaning of this ruling, and looks into two other extradition cases that are currently awaiting preliminary rulings. The analysis conducted leads the author to claim that these constitute ground-breaking developments which qualify as the advent of a new area within EU criminal law.

Court of Justice of the European Communities

2006 ◽  
Vol 2 (2) ◽  
pp. 303-309 ◽  
Author(s):  
Harmen van der Wilt
Keyword(s):  
European Union ◽  
Criminal Law ◽  
The European Union ◽  
Member States ◽  
Framework Decision ◽  
Court Of Justice

The European Union has been tightening its grip on the criminal laws of the member states. Article 31 of the Treaty on European Union introduced the framework decision as the appropriate instrument to harmonize criminal law. In this way, member states may be required to adopt minimum levels of criminal definitions and sanctions. This is a matter of ‘third pillar’ law. The case under scrutiny, however, is a perfect illustration of the delicate relationship between EU first pillar law and domestic criminal law.

scholarly journals European Public Prosecutor's Office: New Actor in EU Criminal Law

2020 ◽  
Vol 4 (2) ◽  
pp. 163-172
Author(s):  
Dominika Becková
Keyword(s):  
European Union ◽  
Criminal Law ◽  
The European Union ◽  
Member States ◽  
European Public ◽  
Financial Interests ◽  
Institutional System ◽  
The Eu

The European Public Prosecutor's Office was established under enhanced cooperation in 2017, as a new body in the institutional system of the European Union.  The establishment of the European Public Prosecutor's Office changes the EU criminal law in a significant way, as it is the first body of the European Union, which will undertake its own investigations of criminal offences affecting the financial interests of the EU, carry out acts of prosecution and exercise the functions of prosecutor in the competent courts of the Member States.

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