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The Margins of Discretion in Transnational Administrative Acts - Expulsion Decisions and Entry Bans Following a Criminal Conviction (Hardcover)
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The Margins of Discretion in Transnational Administrative Acts - Expulsion Decisions and Entry Bans Following a Criminal Conviction (Hardcover)
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This book analyses the expulsion of delinquent foreigners and their
exclusion from the territory through a comparative lens. The book
begins with a vertical perspective, focusing on the effects of
European standards on the law of expulsion and entry bans in
Germany and the Netherlands, and the law regulating deportation
from the United Kingdom. It explores how these countries use their
margin of discretion, granted by European law, to solve the
societal, political and legal challenges that are posed by
delinquent foreigners. Moreover, it highlights the similarities,
convergences and differences between these countries' approaches to
the topic. Subsequently, the book adopts a horizontal perspective
by focusing on the effects of national decisions on other states,
thereby addressing transnational administrative acts. National
expulsion decisions and entry bans can be given effect throughout
European countries, with the consequence that other states are in
principle obliged to enforce them by refusing foreigners access to
their territory. This obligation arises despite the fact that
expulsion decisions and entry bans are adopted on the basis of
diverging national provisions. Even though the margin of discretion
of national decision makers has already been limited, the remaining
differences call for further recommendations, which are put forward
in this book.
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