The Margins of Discretion in Transnational Administrative Acts: Expulsion Decisions and Entry Bans Following a Criminal Conviction

This book explores the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens, examining how countries use their margin of discretion to address societal, political, and legal challenges. It also highlights the transnational effects of national decisions on other states.

Format: Hardback
Length: 320 pages
Publication date: 05 May 2022
Publisher: Bloomsbury Publishing PLC

This comprehensive book delves into the intricate dynamics of expulsion and exclusion of delinquent foreigners from various territories, employing a comparative lens. It begins by examining the impact of European standards on the laws governing expulsion and entry bans in Germany, the Netherlands, and the United Kingdom. The author explores how these countries utilize their discretionary powers granted by European law to address the complex societal, political, and legal challenges posed by foreign delinquents. Furthermore, the book highlights the similarities, convergences, and differences in their approaches to this critical issue.

To provide a broader perspective, the book then shifts its focus horizontally, examining the effects of national decisions on other states. It explores how national expulsion decisions and entry bans can be implemented across European countries, leading to obligations on other states to enforce them by refusing foreigners access to their territories. Despite the existence of diverging national provisions, this obligation arises due to the transnational nature of administrative acts.

Recognizing the limitations imposed on national decision-makers' discretion, the book offers valuable recommendations to address the remaining disparities. These recommendations aim to enhance the effectiveness and fairness of expulsion and exclusion processes while upholding the principles of international law and human rights.

Overall, this book is a valuable resource for scholars, policymakers, and practitioners interested in understanding the complex issues surrounding the expulsion and exclusion of delinquent foreigners. It sheds light on the interplay between national and international legal frameworks, providing insights into the strategies employed by different countries to address this pressing problem.

Weight: 632g
Dimension: 178 x 241 x 25 (mm)
ISBN-13: 9781509925988