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Author:   Kathrin Hamenstädt (Brunel University London, UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
ISBN:  

9781509925988

ISBN 10:   1509925988
Pages:   320
Publication Date:   05 May 2022
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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

Reviews

A precise, knowledgeable, and measured study of the law that regulates the expulsion and barred entry of criminally convicted foreigners in Europe. The author brings caution and care to a topic that otherwise, in the political world, is handled with harshness and sweeping assumptions. * Common Market Law Review *

Author Information

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

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