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

The book examines the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens, exploring European standards, national decisions, and transnational administrative acts. It highlights similarities, convergences, and differences between countries' approaches and suggests recommendations for further limiting the margin of discretion of national decision makers.

Format: Unspecified
Length: 320 pages
Publication date: 30 November 2023
Publisher: Bloomsbury Publishing PLC

The book delves into the expulsion of delinquent foreigners and their exclusion from territories, employing a comparative lens. It commences with a vertical perspective, examining the impact of European standards on expulsion and entry bans in Germany, the Netherlands, and the United Kingdom. It explores how these countries utilize their discretionary power granted by European law to address societal, political, and legal challenges posed by delinquent foreigners. Furthermore, it highlights the similarities, convergences, and differences in their approaches to the topic. Subsequently, the book adopts a horizontal perspective, focusing on the effects of national decisions on other states. National expulsion decisions and entry bans can be enforced across European countries, leading to other states being obligated to refuse foreigners access to their territory. Despite the limited margin of discretion of national decision makers, further recommendations are proposed in the book to address remaining differences.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509959006