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

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

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509925988
  • 出版时间 May 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509959006

List Price: ¥1,057.50

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  • 描述 
  • 大纲 
  • 详细

    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.

  • PART I: EUROPEAN LAW
    1. 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 Directive
    IV. 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 Remarks
    4. Summary and Conclusions: Differences between the EU Level and the Council of Europe
    PART II: THE EFFECTS OF EUROPEAN LAW ON EXPULSION DECISIONS TAKEN AT THE NATIONAL LEVEL
    5. 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 Expulsion
    IV. 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 Ongewenstverklaring
    IV. 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 III: TRANSNATIONAL ADMINISTRATIVE ACTS: THE EFFECTS OF NATIONAL EXPULSION DECISIONS AND ENTRY BANS ON THE EUROPEAN LEVEL
    9. 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

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