JNVR 2015/28 - Expulsion Decisions Following a Criminal Conviction
Aflevering 3, gepubliceerd op 27-10-2015 geschreven door Hamenstädt, LL.M., dr. K.In a highly mobile world more and more individuals engage in migration and move to, live in or are even already born in a state other than the state of their nationality. Depending on their nationality and residence status, foreigners can have rights that are to a certain extent approximated to the rights of nationals. European Union citizens for example shall, subject to certain conditions, receive equal treatment with nationals of the host Member State. Yet, even if foreigners might be able to claim a similar treatment or, in the case of Union citizens equal treatment with nationals of the respective state in certain areas, one fundamental difference remains. While Member States of the European Union cannot expel their own nationals, they have the right to issue expulsion decisions against foreigners, including Union citizens. The capacity of states to issue expulsion decisions, the requirements for issuing expulsion decisions and their effects are further explored in this contribution.