[...]... question the motives and consequences of the criminalization of trafficking rather than exploitation, and more precisely, slavery The notion of trafficking is indeed indissociable from the notion of slavery, since slavery is the purpose of trafficking Then why were the acts of complicity – trafficking – criminalized instead of the primary result-reduction to slavery? According to the justification provided in the. .. and the EU It explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society In our opinion, we have at least begun to address the central issues of the intersection of administration law relating to foreigners and criminal law and placed this intersection in its political and social context... trafficking in human beings (“THB”) with the aim of protecting human dignity The French Act criminalising THB was thus drafted in 2003, at the same time that international texts, i.e., UN and European texts, which are at present the main references in THB, were being negotiated and adopted I will therefore analyse throughout this article the interactions between French and international texts at the origin... review of the statutes/legal provisions and circulars relating to the area; a review of the main court cases over the past five years relating to the field; an analysis of the role of the victim both in the legislation and the court cases including the relationship of the perpetrator and the victim; the rights of victims prior or following court judgments, in particularly when they have assisted the police;... legal measures surrounding trafficking and illegal entry) is timely 4 Immigration and Criminal Law in the European Union 4 THE MAIN RESEARCH QUESTIONS The two main issues which we have investigated are (a) the judicial and (b) political legitimacy of laws at national level on trafficking/smuggling in persons As part of this study we have had regard to the judicial appreciation and social perception of... perpetrator and victim The research questions addressed the two fields as follows: The issues from the legal perspective are: 1 What are the legal texts in force in the Member States under consideration as regards trafficking and smuggling in persons, illegal and clandestine entry; 2 The (main) criminal cases which have come before the courts under the legislation over the preceding 5 year period; 3 The results... crime.81 Concerning European texts on SM, the close link that existed with THB in the initial French version was blurred under the in uence of certain delegations, particularly the Finnish82 and Austrian delegations:83 in the explanatory statement, the fight against THB was the main objective However, both texts presently in force still aim at punishing the aiding of illegal immigration both in connection... The Reciprocal In uence of French Law and European Union Law At the same time, France suggested – and obtained – that the EU Council adopt the 28 November 2002 Directive defining the facilitation of unauthorised entry, transit and residence8 and the Council Framework Decision on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence.9 Only in. .. in legal terms – conviction/acquittal; sentence; 4 The critical elements of evidence to the result The issues from the political perspective are: 1 The focus of public discussion regarding the question of trafficking and smuggling in persons in the Member State over the past five years; 2 The main elements of the political debate on the passing of legislation on trafficking in persons both in favour and. .. crime within the scope foreseen for these bodies, their legitimacy in the field will be extremely important to establish However, where they are acting in a highly contentious and complex field, they will be at risk of being undermined from many sources and competing interests Thus an understanding of the sensitivities, the issues involved in some Member States (those most acutely involved are the legal . CONTENTS Immigration and Criminal Law in the European Union: The Legal Measures and Social Consequences of Criminal Law in Member States on Trafficking and. Guild * IMMIGRATION AND CRIMINAL LAW IN THE EUROPEAN UNION: THE LEGAL MEASURES AND SOCIAL CONSEQUENCES OF CRIMINAL LAW IN MEMBER STATES ON TRAFFICKING AND SMUGGLING