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Trafficking in and Smuggling of Human Beings: the Spanish Approach - II Main Issues On Spanish Alien Law And Practice Concerning Trafficking And Smuggling Of Human Beings

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Chapter Summary

This chapter analyses how Spanish administrative legislation has been drafted and adapted to the fight against clandestine immigration and the traffic of human beings. It explains Spanish legislation and the resources available in Spain to limit illegal immigration as an activity related to organised crime allegedly due to the substantial financial earnings involved and, until recently, the short prison sentences. The chapter begins with illegal immigration as regards its two aspects of trafficking in and smuggling of human beings. These are different legal concepts but may be complementary or successive activities involving the same case. Depending on the cases, this duality results in the application of the most important administrative law on aliens, the Aliens Act 4/2000 on the Rights and Liberties of Aliens in Spain and their Social Integration or the priority application of the criminal legislation included in the Spanish Criminal Code.

Keywords: administrative law; Aliens Act; illegal immigration; organised crime; smuggling of human beings; Spanish Criminal Code; trafficking



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