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European Observer on fundamental right's respect

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European Legislation 2009/52/CE (18/06/2009)

Type: Directive

Authority:  European Parliament and Council of European Union

Date: 06/18/2009

Subject: In order to fight illegal immigration the directive prohibits the employment of illegally staying third-country nationals. To this end, it lays down minimum common standards on sanctions and measures to be applied in the Member States against employers who infringe that prohibition.

Classification: Freedoms - Art. 16 Freedom to conduct a business - Equality - Art. 20 Equality - Art. 21 Non discrimination - Justice - Art. 47 Justice: effective - Right to an effective remedy before a tribunal - Independent and impartial tribunal - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties

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Notices: The Preamble of the directive made reference to the Charter of fundamental rights.