Betty de Hart

Sociology of Law Radboud University Nijmegen, Th e Netherlands Abstract Th is article looks at the extent and way in which the European Court of Human Rights takes the interests of insider spouses (citizens or permanent residents) into account in Article 8 ECHR cases (right to family life). It uses Caren

Xavier Groussot

Non-State Actors and International Law 3: 187–200, 2003. © 2003 Koninklijke Brill NV. Printed in the Netherlands. 187 UK immigration law under attack and the direct application of Article 8 ECHR by the ECJ ¤ XAVIER GROUSSOT Abstract. Immigration law might be wrongly perceived as a Ž eld where

Michel Vols, Marvin Kiehl and Julian Sidoli del Ceno

. According to Nield, Article 8 echr has led to a clash of the ‘titans of our judicial order, namely the House of Lords (now the Supreme Court) and the European Court of Human Rights (the ‘Strasbourg Court’)’. 7 In a number of cases concerning anti-social behaviour, courts in the United Kingdom have had to

M. Eggermont

prone to arbitrariness. The right to choose includes the legal certainty that the choice is lawful and not subject to direct or indirect sanctions of the healthcare worker. Madam Ternovszky (applicant), a pregnant women who intended to give birth at home, alleged the violation of Article 8 ECHR

Helen Keller and Corina Heri

established –, the ec t hr ’s general approach to cases involving children combines procedural and substantive considerations. Accordingly, the ec t hr has sometimes taken Article 8 echr as allowing the return of children only when it is in their ‘best interests’. The present contribution will shed

Security of Residence and Expulsion

Protection of Aliens in Europe


Edited by Elspeth Guild and Paul Minderhoud

Although all European states grant some form of secure residence status to foreign nationals, substantial differences persist among them in the rights pertaining to that status, the grounds for losing it, and the degree of protection against expulsion. This volume explores the law protecting aliens in Europe under four headings: - The legal framework provided at the European level by the European Convention on Human Rights (especially Articles 3 and 8), its case law, and various subsidiary instruments of the Council of Europe; evolving European Union law based on the principle of freedom of movement, agreements between the EU and non-member states, and the 1997 draft convention on migration policies; and the implementation of this supra-national law at the national level; - The effect in the Nordic region and the Common Travel Area of the abolition of border controls, with special attention to the question of compensatory measures; - The issue of double jeopardy arising from the use of expulsion in conjunction with a criminal sentence, as illustrated in French and German case law; - The legal `balancing act' required in many cases to protect the public interest without violating a person's legitimate right to a secure residence, taking into consideration the potentially conflicting interests of the receiving state and the foreign national. Security of Residence and Expulsion: Protection of Aliens in Europe offers clear guidelines for policymakers on harmonising the principles underlying legislation in this area of critical and growing importance in European life. It will be of great value to practitioners and academics concerned with the extension of existing rules governing security of residence and protection against expulsion for long-term immigrants and their families.

Lieneke Slingenberg and Louise Bonneau

negative obligations in order to explore whether focussing on the state’s negative obligations with regard to the issue of housing has any added value for the discussion about irregular migrants’ rights. We argue that the framework of testing evictions and dismantlements in the light of Article 8 echr