Security Of Residence And Expulsion
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Author | : Elspeth Guild |
Publisher | : BRILL |
Total Pages | : 256 |
Release | : 2021-12-28 |
Genre | : Law |
ISBN | : 9004480994 |
Although all European states grant some form of secure residence status to foreign nationals, substantial differences persist among them in the rights pertaining to that status, the grounds for losing it, and the degree of protection against expulsion. This volume explores the law protecting aliens in Europe under four headings: - The legal framework provided at the European level by the European Convention on Human Rights (especially Articles 3 and 8), its case law, and various subsidiary instruments of the Council of Europe; evolving European Union law based on the principle of freedom of movement, agreements between the EU and non-member states, and the 1997 draft convention on migration policies; and the implementation of this supra-national law at the national level; - The effect in the Nordic region and the Common Travel Area of the abolition of border controls, with special attention to the question of compensatory measures; - The issue of double jeopardy arising from the use of expulsion in conjunction with a criminal sentence, as illustrated in French and German case law; - The legal `balancing act' required in many cases to protect the public interest without violating a person's legitimate right to a secure residence, taking into consideration the potentially conflicting interests of the receiving state and the foreign national. Security of Residence and Expulsion: Protection of Aliens in Europe offers clear guidelines for policymakers on harmonising the principles underlying legislation in this area of critical and growing importance in European life. It will be of great value to practitioners and academics concerned with the extension of existing rules governing security of residence and protection against expulsion for long-term immigrants and their families.
Author | : C. A. Groenendijk |
Publisher | : Council of Europe |
Total Pages | : 124 |
Release | : 1998-01-01 |
Genre | : Political Science |
ISBN | : 9789287137883 |
Includes separate chapters on the law affecting immigrants in 18 European countries
Author | : Moritz Jesse |
Publisher | : Cambridge University Press |
Total Pages | : 461 |
Release | : 2020-11-19 |
Genre | : Law |
ISBN | : 1108487688 |
Looks at immigration and asylum legislation and polices in Europe to investigate how immigrants are 'othered' by them.
Author | : Katarina Hyltén-Cavallius |
Publisher | : Bloomsbury Publishing |
Total Pages | : 248 |
Release | : 2020-11-26 |
Genre | : Law |
ISBN | : 1509937277 |
This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome. Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates how the development of the case law of the Court of Justice of the European Union has generated a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, EU citizenship may appear as a poor legal personhood for exercising free movement rights; sometimes pushing the individual who is in a factual cross-border situation out of the scope of Union law. Contrastingly, in other strands of the jurisprudence, we see EU citizenship and its primary law levelled-rights stretch the jurisdictional scope of Union law, triggering the EU's Charter of Fundamental Rights for review of the individual case. The book enhances the understanding of the legal concept of EU citizenship in Union law and contributes to the debate on the future development of EU citizenship, its relationship to the Charter, and the strength of its legal position for the person who exercises freedom of movement.
Author | : Council of Europe |
Publisher | : Council of Europe |
Total Pages | : 240 |
Release | : |
Genre | : Political Science |
ISBN | : 9789287146410 |
Author | : Kathrin Hamenstädt |
Publisher | : Bloomsbury Publishing |
Total Pages | : 320 |
Release | : 2022-05-05 |
Genre | : Law |
ISBN | : 1509926003 |
This book analyses the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens. The book begins with a vertical perspective, focusing on the effects of European standards on the law of expulsion and entry bans in Germany and the Netherlands, and the law regulating deportation from the United Kingdom. It explores how these countries use their margin of discretion, granted by European law, to solve the societal, political and legal challenges that are posed by delinquent foreigners. Moreover, it highlights the similarities, convergences and differences between these countries' approaches to the topic. Subsequently, the book adopts a horizontal perspective by focusing on the effects of national decisions on other states, thereby addressing transnational administrative acts. National expulsion decisions and entry bans can be given effect throughout European countries, with the consequence that other states are in principle obliged to enforce them by refusing foreigners access to their territory. This obligation arises despite the fact that expulsion decisions and entry bans are adopted on the basis of diverging national provisions. Even though the margin of discretion of national decision makers has already been limited, the remaining differences call for further recommendations, which are put forward in this book.
Author | : H. Schwenken |
Publisher | : Springer |
Total Pages | : 435 |
Release | : 2014-10-14 |
Genre | : Political Science |
ISBN | : 1137326638 |
This collection examines the intersections and dynamics of bordering processes and citizenship politics in the Global North and Australia. By taking the political agency of migrants into account, it approaches the subject of borders as a genuine political and socially constructed phenomenon and transcends a state-centered perspective.
Author | : Anja Wiesbrock |
Publisher | : BRILL |
Total Pages | : 827 |
Release | : 2010-08-16 |
Genre | : Law |
ISBN | : 9004189548 |
This book provides a comprehensive analysis of EU legislation in the area of legal migration. Five Directives on family reunification, long-term residence, students, researchers and highly qualified migrants are critically assessed. Moreover, the implementation of the Directives in three Member States (Germany, the Netherlands and Sweden) and national legislation in two Member States with an opt-out from EU migration law (the UK and Netherlands) are assessed. This includes national rules on the integration of third-country nationals and access to citizenship. The book calls into question the compliance of several European and national provisions with EU principles of law and international human rights.
Author | : Steve Peers |
Publisher | : Oxford University Press |
Total Pages | : 1104 |
Release | : 2012-08-30 |
Genre | : Law |
ISBN | : 0199659974 |
Steve Peers examines the institutions of justice and home affairs policy formulation and implementation within the EU. The author discusses the ways in which these institutions have intervened in cases of crime, corruption and immigration.
Author | : Gaëtan Cliquennois |
Publisher | : Taylor & Francis |
Total Pages | : 232 |
Release | : 2022-12-30 |
Genre | : Law |
ISBN | : 1000824179 |
The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. • An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. • A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). • A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.