EUROPEAN LAW

European Law

Outcome 3

Advise the French authorities whether, and if so by what means, Danielle and Francis can be expelled from France.

Law

Under French law, prostitution (sex for money) is not illegal, but some peripheral activities. These include recruitment, procurement, management brothel, by the recourse to, and pay the sex with people under 18 years of age.

France in the Napoleonic era of regulation of prostitution became a model. Policy change in the twentieth century became apparent. An illegal brothel in 1946 and France signed in 1960 against human trafficking and prostitution of others developed by the Convention. With these moves France into an international abolitionist movement's main supporters, advocates elimination of prostitution. (Tubiana & Marcus, 2002)

A man or woman may seek compensation or to provide sexual services (other than payments under the age of 18 years), but do not publish that fact. Racolage (soliciting), including racolage passif (passive soliciting) is prohibited. It is said that prostitution in public places, dressed in revealing the status of, and up to 6 months imprisonment and a fine of 3750 €. Own or operate a brothel is illegal.

On proxénétisme (Procurement) of all forms is illegal. Proxénétisme defined as:

• Help or protection to prostitution themselves

• profit from another prostitution or accept other people's money who habitually prostitutes them (by the invoked)

• Employment or training or the prostitution of their own pressure on the prostitution of others (Bauman, 2006)

Another law is:

Foreigners will be allowed to enter the country only if they can earn income. Foreign spouses of French citizens must now wait for a longer time than before for a residence permit - a move designed to combat marriages of convenience. And immigration will be forced to sign the "integration contract ", a commitment to respect the French way of life. The law also provides for waste before allowing illegal immigrants to obtain French documents, if they live in the country for 10 years successfully. Now, their cases will be processed on the individual basis. (Bernard & Engel, 2003)

Analysis of the situation

According to the law in France that has been detailed above, prostitution is not illegal in France but running a brothel is illegal along with certain other activities as well. Danielle is a UK citizen and living in France. She is running a restaurant business in France. She has been convicted of a number of criminal activities including the charge that part of her restaurant was being used as a brothel and some of the prostitutes that had been trafficked from Kosovo and Macedonia were in France illegally and were being held against their will.

The law states that prostitution is legal but as is stated in this situation that the prostitutes were in France illegally and were being kept here against their wish which in turn also means that they were being forced into prostitution in the current situation which is against the law as the law states that prostitution is allowed if the female is willing to perform the act of a ...