The Margin of Appreciation in European Expulsion Decisions
PhD student: Mrs Dr K. Hamenstädt
Promotor: Mrs Prof H.E.G.S. Schneider
Duration: 1/9/2010 - 31/8/2014
PhD defence: Maastricht, 10/7/2015
The enforcement of expulsion decisions is to a certain extend harmonised by European law whereas the prior administrative process of decision making remains unregulated. This distinction forms the starting point for this assessment which scrutinises domestic expulsion decisions and their enforcement. It will focus on the margin of appreciation in expulsion decisions, the reasons of consideration, the principle of proportionality and on constitutional as well as human rights aspects that play a role in the process of balancing. The jurisdiction of the European Court of Human Rights and the jurisdiction of the European Court of Justice regarding expulsion decisions and their influence on domestic decisions will be examined.The primary focus lies on third country nationals who are not covered by any special legal regime. Moreover, expulsion decisions directed against third country nationals covered by a special legal regime, such as third country family members of Union citizens and third country nationals covered by an Association Agreement will be assessed. It will be analysed whether the criteria applied to these groups have any influence on the criteria applied to third country nationals who are not covered by these special legal regimes. Special attention will be given to third country nationals who acquired permanent resident status. In the end it will be examined whether a change in the European or domestic legislation, the application of the laws or the jurisdiction regarding expulsion is needed.