Security of residence and expulsion: Protection of aliens in Europe

Book abstract:

All European states offer some form of secure residence status to foreign nationals, however, there are substantial differences in the rights of foreign nationals, the grounds for losing secure residence status and the degree of protection against expulsion. This book examines the law protecting foreign nationals in Europe. The book's origins lie in an international conference on 'Security of Residence and Expulsion: protection of aliens in Europe' held at the centre for Migration Law at the Catholic University of Nijmegen. It is the first part of a series of books on immigration and asylum law and policy in Europe.

The book has four main parts. The first examines the legal framework provided at the European level by the European Convention on Human Rights, its case law and various subsidiary instruments of the Council of Europe; EU law based on freedom of movement; agreements between EU countries and non-member states; and the 1997 draft convention on migration policies. The second part looks at the effect on the Nordic region and the Common Travel Area of the abolition of border controls. The third part looks at the issue of double jeopardy arising from the use of expulsion in conjunction with a criminal sentence in German and French law. The final part examines security of residence in different countries and legal issues arising from the need to protect both the public interest and the rights of the foreign national.

The book is aimed at practitioners and academics. Elspeth Guild is academic co-ordinator of the Centre for Migration Law, University of Nijmegen and a partner at Kingsley Napley in London. Paul Minderhoud is Senior Lecturer at the Centre for Migration Law, University of Nijmegen. Other contributors are from a range of legal and academic backgrounds.

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