Security of Residence and Expulsion

by Guild, Elspeth; Minderhoud, P. E.

• ISBN13: 9789041114587
• ISBN10: 9041114580
• Format: Hardcover
• Copyright: 2000-12-01
• Publisher: Martinus Nijhoff

Summary

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 persons 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.

Table of Contents

Introduction	p. 3
Long-term Immigrants and the Council of Europe	p. 7
Protection of "Integrated" Aliens against Expulsion under the European Convention on Human Rights	p. 23
Promoting Insecurity: Public Order, Expulsion and the European Convention on Human Rights	p. 41
Security of Residence and Expulsion of Foreigners: European Community Law	p. 59
The Common Travel Area	p. 83
Abolition of Border Controls within the Nordic Region and Security of Residence in Denmark	p. 91
Security of Residence and Expulsion: The German Experience	p. 105
Security of Residence and Expulsion : Protection of Aliens in Europe: The French Experience	p. 125
Security of Residence and Expulsion: Protection of Aliens in Estonia	p. 141
Security of Residence and Expulsion: Protection of Aliens in Spain	p. 149
Security of Residence and Expulsion: Protection of Aliens in Hungary	p. 165
Security of Residence: Acquisition and Loss: National Law and Practice from the Perspective of Implementing Article 8 European Convention on Human Rights and EC Directive 64/221 in the United Kingdom	p. 175
Security of Residence and Expulsion: Protection of Aliens in Sweden	p. 187
Security of Residence: The Implementation of International Human Rights Instruments in Belgian Immigration Law	p. 197
Security of Residence: Acquisition and Loss - National Law and Practice from the Perspective of Implementing Article 8 ECHR and EC Directive 64/221. The Case of Italy	p. 207
The Right to Respect for Private and Family Life of Aliens in Greece in the Light of Article 8 ECHR	p. 215
A Common European Scheme?	p. 229
List of Contributors	p. 237
Table of Cases	p. 238
Index	p. 241
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