Vreemdelingenrecht.com - het weblog

This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.             

Maria Haag , PhD Researcher, European University Institute (Florence, Italy) & Michigan Grotius Research Scholar, University of Michigan Law School (Ann Arbor, Michigan) Background Five years ago, the CJEU delivered its infamous Grand Chamber decision in C-34/09 Ruiz Zambrano . It held that “Article 20 TFEU precludes national measures which have the effect of depriving citizens of the Union of the genuine enjoyment of the substance of the rights conferred by virtue of their status as citizens of the Union” (para 42, emphasis added). This 'genuine enjoyment'-protection had two consequences. First, Union citizens could rely on Article 20 TFEU against their Member State of nationality without having previously made use of their rights to free movement and thus bypassing the Court's general lack of jurisdiction in 'purely internal' situations. Secondly, Member States were precluded from denying a right of residence to third-country national (...

European Court of Justice: 'Zambrano' carer for a child cannot be expelled solely for criminal record 13 September 2016 EIN The Court of Justice of the European Union has ruled in two judgments today that a non-EU citizen who has the sole care of a child who is an EU citizen cannot be expelled from a Member State, or automatically refused a residence permit, on the sole ground of a criminal record if the expulsion, or refusal, obliges the child to leave the territory of the EU. EIN members can read the judgment in Secretary of State for the Home Department v CS (Case C-304/14) here and the judgment in Marin v Administracion del Estado (Case C-165/14) here . CS is the mother and sole carer of a British child. According to the Guardian , while the European Court of Justice advised that CS should not be automatically deported from Britain simply because of her criminal record, it also said that it should be left to British judges to decide if the deportation...

by   mkp R v McGeough (Appellant) (Northern Ireland) [2015] UKSC 62 (21 October 2015) In this appeal from a judgment of the Court of Appeal in Northern Ireland – given by Morgan LCJ, Higgins and Girvan LJJ,  [2013] NICA 22 (7 May 2013)  – Lord Neuberger (President), Lord Kerr, Lord Hughes, Lord Toulson and Lord Hodge dismissed Terence Gerard McGeough’s appeal and held that  Council Directive 2005/85/EC  (the Procedures Directive) did not help him in establishing that information contained in his asylum application (August 1983) in Sweden was protected from disclosure in his criminal trial (November 2010) in the UK. This unusual case involves the activities of the  Irish Republican Army  (IRA) and boasts quite unique facts. On 13 June 1981 McGeough was badly injured in an attack he mounted on the instructions of the IRA, along with another republican militant, in County Tyrone against Samuel Brush – a postman and also a member of the  Ulster...