The limitations of Maltese law in the field of clandestine immigration and the fight against underground economy

Abstract

European countries with a Mediterranean coastline are facing serious illegal immigration problems. Malta is one such country, which is frequently finding itself in this quandary. The current trends clearly indicate that illegal immigration will be one of the most serious threats to social stability and national security of developed nations in the near future. Hence, Malta must establish a new general strategy to protect the country against illegal immigration. The aim of this thesis is to analyse ways of combating the problem of clandestine immigration and the underground economy of trafficking in human beings and touches on all areas of the immigration control system. I shall seek to address the problem at two main stages: Pre-Entry and After-Entry. A multi-disciplinary approach covering fair, fast and firm methods of dealing with both the prevention as well as the repression of illegal immigration will be dealt with in this thesis. Importance will be given to international endeavours to resolve the problem, particularly, through European and regional co-operation. Finally, special attention will be awarded to the recent amendments in Maltese Legislation in the field of the Immigration Act and the Criminal Code, with a view to highlighting both the positive aspects as well as the shortcomings of Maltese Law in dealing with Illegal Immigrants, locally described as "il klandestini. " I will also make some suggestions with regards to the reforms which would, in my opinion, develop a more flexible and streamlined system of immigration control capable of providing an improved quality of service to Maltese citizens and those who qualify to enter or remain in Malta, as well as strengthening the necessary controls on those who do not.