Comparative Law study on Security of Residence of Migrants

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Date: Wed, 18 Nov 1998 11:11:53 +0200 (EET)
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Subject: Comparative Law study on Security of Residence of Migrants

From: MINELRES moderator <[email protected]>

Original sender: Ina Zoon <[email protected]>

Comparative Law study on Security of Residence of Migrants


CoE:
Comparative law study on
SECURITY OF RESIDENCE OF LONG-TERM MIGRANTS
 
In February 1998 was published "Security of residence of Long-Term
Migrants. A comparative Study of law and practice in European
countries" [CDMG(98)11]
 
The main research questions are:

(i) whether the national legislation provide a special secure
residence status for long-term migrants;

(ii) whether the national legislation provide for a restriction of the
grounds for expulsion after prolonged lawful residence; 

(iii) is security of residence provided to certain special categories,
e.g. family members of citizens, second generation migrants or
ex-nationals; 

(iv) does the national legislation provide for simplified or automatic
acquisition of citizenship (nationality), and hence full residence
rights, for certain categories of emigrants; 

(v) what has been the relevance of the ECHR, other European
instruments and the case law of the ECHR and ECJ for the residence
status of those emigrants.
 
As far as the practice is concerned, the man issues are:

- in how many cases have aliens been expelled after prolonged legal
residence and on what grounds;
- which particular categories of long-term migrants have been
threatened with expulsion and have these cases drawn public attention;
- what issues have been discussed in the national courts or in public
debate with respect to this issue.
 
The study, authored by Kees Groenendijk, Elspeth Guild and Halil Dogan
from the Centre for Migration Law, University of Nijmegen, The
Netherlands, includes:

- relevant European instruments:
  ECHR, European Convention on Establishment,
  Community Law and the EU Expulsion and Long Term Residents,
  EU and Community Law on Secure Residence of Third Country nationals;
  the EEA and the EEC-Turkey Association Agreement

- Law and Practice in six countries:
   Belgium
   France
   Germany
   The Netherlands
   Spain
   United Kingdom

- The law in twelve other countries:
   Austria
   Denmark
   Estonia
   Hungary
   Italy
   Lithuania
   Poland
   Russia
   Slovenia
   Sweden
   Switzerland
   Ukraine
 
- Conclusions and recommendations


Ina Zoon
 
--
Calle Olid no.5, 1A
28010 Madrid,
Spain
 
Tel. (3491) 59 44 780
Fax  (3491) 59 44 179

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