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Facilitation of Irregular Entry, Residence and Movement

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Chapter Summary

Two measures relating to facilitation of "unauthorised entry, transit and residence" were adopted in November 2002: Council Framework Decision on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence, and Council Directive defining the facilitation of unauthorised entry, transit and residence. This subject of facilitation of irregular entry and residence was already partly addressed by Article 27 of the Schengen Convention assists or tries to assist a person to enter or reside within the territory" of a Member State contrary to that Member State's national law. A lack of harmonisation of immigration and criminal laws and practices including penalties, defences, evidence and standard and burden of proof in criminal cases between Member States is likely to cause considerable problems with the "extra-territorial" provisions in the Framework Decision.

Keywords: facilitation; residence; transit; unauthorised entry



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