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The Margins of Discretion in Transnational Administrative Acts: Expulsion Decisions and Entry Bans Following a Criminal Conviction

Autor Kathrin Hamenstädt
en Limba Engleză Paperback – 29 noi 2023
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.
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Specificații

ISBN-13: 9781509959006
ISBN-10: 1509959009
Pagini: 320
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Taking a comparative approach it explore the law's use in a number of fields, from migration law to criminal law

Notă biografică

Kathrin Hamenstädt is Lecturer in Law at Brunel University London, UK.

Cuprins

PART IEUROPEAN LAW1. Expulsions in Light of EU Law I. Expulsions of EU Citizens, EEA and Swiss Nationals and their Family Members II. Expulsion of Turkish Nationals III. Third-country Nationals Covered by the Long-term Residence DirectiveIV. Other Groups of Third-country Nationals V. Summary and Conclusions 2. Expulsion in Light of the ECHR and the ECtHR's Case Law I. Binding and Non-binding Instruments II. Article 8 ECHR and the ECtHR's Case Law III. Interests of the Individual vs Interests of the State IV. Summary and Conclusions 3. The Charter of Fundamental Rights of the European Union I. Right to Respect for Private and Family Life and the Rights of the Child II. Protection in the Event of Removal, Expulsion or Extradition, Article 19 CFR III. The Right to an Effective Remedy and to a Fair Trial, Article 47 CFR IV. Concluding Remarks4. Summary and Conclusions: Differences between the EU Level and the Council of Europe PART IITHE EFFECTS OF EUROPEAN LAW ON EXPULSION DECISIONS TAKEN AT THE NATIONAL LEVEL5. Germany I. Introduction to the Concept of Expulsion Decisions in German Law II. The Abolished System of Expulsion (1990-2015) III. The New Provisions on ExpulsionIV. Entry Ban V. Conclusions 6. The Netherlands I. The Legal Framework II. The Termination of Lawful Residence Following a Criminal Conviction III. Two Types of Entry Bans: Inreisverbod and OngewenstverklaringIV. The Ongewenstverklaring, Article 67 Vw 2000 V. The Inreisverbod, Article 66a Vw 2000 VI. Intensity of Judicial Scrutiny: In-depth or Marginal Assessment? VII. The Rationale of the Sliding Scale VIII. Summary and Recommendations 7. The United Kingdom I. The Provisions Governing the Deportation of Convicted Foreigners II. Convicted Foreigners and Article 8 ECHR III. The Balance between the Principle of Proportionality and the Principle of Legal Certainty IV. Rationale of the Provisions Governing the Deportation of Convicted Foreigners V. Conclusions 8. Comparison of Germany, the Netherlands and the United Kingdom I. General Observations II. Differences between Germany and the Netherlands in Sentencing and the Duration of the Entry Ban III. Conclusions PART IIITRANSNATIONAL ADMINISTRATIVE ACTS: THE EFFECTS OF NATIONAL EXPULSION DECISIONS AND ENTRY BANSON THE EUROPEAN LEVEL9. Transnational Administrative Acts: The European Effect of National Expulsion Decisions and Entry Bans I. Transnational Administrative Acts II. The Schengen Information System III. Return Directive IV. Summary and Conclusions Regarding Mutual Recognition, Modes of Administrative Decision Making, SIS Alerts and Entry Bans 10. National Expulsion Decisions and Entry Bans and their European Dimension I. Differences between Germany and the Netherlands Regarding Expulsion Decisions and the Termination of Lawful Residence aft er a Criminal Conviction II. Requirements at the National Level for Entry Bans and SIS Alerts III. Duration of the Entry Ban IV. Summary and Conclusions 11. Options to Remedy Remaining Divergences I. Deficiencies of the Current System II. Options for Improvement III. Likelihood of a Harmonisation of the Criteria for National Expulsion Decisions IV. Likelihood of a Further Specification of the Criteria for Entering Alerts into the SIS V. Final Remarks and Outlook Final Summary and Conclusions