An EU Framework on Sanctions Against Employers of Irregular Immigrants: Some Reflections on the Scope, Features & Added Value

CEPS Policy Brief, No. 140, August 2007

11 Pages Posted: 29 Jan 2009

See all articles by Sergio Carrera

Sergio Carrera

Centre for European Policy Studies

Elspeth Guild

Radboud University Nijmegen - Faculty of Law; Kingsley Napley - Department of Immigration; The British Institute of International and Comparative Law; London School of Economics & Political Science (LSE)

Date Written: August 1, 2007

Abstract

In May 2007, the European Commission issued a Proposal for a Council Directive providing for sanctions against employers of illegally staying third country nationals. The measure aims to provide a harmonised EU framework for imposing sanctions on employers for hiring third country nationals (TCNs) who do not enjoy a regular status of stay in the EU. This paper outlines the main contents of the proposal by looking at the obligations and sanctions applicable to the employer, the procedures foreseen for the presentation of complaints as well as the set of guarantees provided to the TCN worker. The authors then assess the rationale, personal scope and context of the measure and analyse its added value and compatibility with some general principles of Community law.

Keywords: Justice, Home Affairs, Immigration, Asylum

Suggested Citation

Carrera, Sergio and Guild, Elspeth, An EU Framework on Sanctions Against Employers of Irregular Immigrants: Some Reflections on the Scope, Features & Added Value (August 1, 2007). CEPS Policy Brief, No. 140, August 2007. Available at SSRN: https://ssrn.com/abstract=1334112

Sergio Carrera (Contact Author)

Centre for European Policy Studies ( email )

1 Place du Congres
B-1000 Brussels, 1000
Belgium
+32 2 229 39 26 (Phone)

Elspeth Guild

Radboud University Nijmegen - Faculty of Law ( email )

Postbus 9049
6500 KK Nijmegen
Netherlands
024-3611357 (Phone)
024-3611423 (Fax)

Kingsley Napley - Department of Immigration ( email )

Knight's Quarter
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London EC1M 4AJ
United Kingdom
+44 (0)20 7814 1200 (Phone)
+44 (0)20 7490 2288 (Fax)

HOME PAGE: http://www.kingsleynapley.co.uk/our-people/the-partners/elspeth-guild.htm

The British Institute of International and Comparative Law ( email )

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17 Russell Square
London WC1B 5JP
United Kingdom

London School of Economics & Political Science (LSE)

Houghton Street
London, WC2A 2AE
United Kingdom

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