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Security of residence and expulsion: protection of aliens in Europe
Political Geography 22 (2003) 233–242 www.politicalgeography.com
Book reviews
Security of residence and expulsion: protection of aliens in Europe Elspeth Guild and Paul Minderhoud (Eds.) (2000) Kluwer Law International, ISBN 9041114580, 256 pages, £67 The topic that forms the title of the book is explored from numerous different angles by all the contributors, giving an eclectic mix of papers. The emphasis is on long-term residents rather than ‘new immigration’, e.g., asylum seekers, immigrant workers and family reunification, although this is touched on briefly in the later chapters dealing with security of residence in Spain and Belgium. Although comprising four parts, the book essentially covers two main themes: the protection of aliens under European Community law and the European Convention of Human Rights (ECHR); and the practical experiences in applying national law in some of the countries of the Council of Europe. Sandwiched between the two main themes are two papers dealing with the Common Travel Area and the abolition of border controls in the Nordic region. The book is therefore of interest to both academics and practitioners. The chapters of the book are self-supporting, enabling the reader to pick out a specific paper, whilst also being collated in such a way as to allow the reader to work through the book systematically. The role of the Council of Europe in relation to long-term immigrants provides an excellent starting point for subsequent chapters, which cover expulsion and the ECHR; the public order proviso and the ECHR; and expulsion in relation to discrimination, obstacles to free movement, citizenship of the EU and third-country nationals. The case law is analysed in depth, particularly in relation to reconciling the public policy proviso with the right to non-discrimination and Article 8 of the ECHR. This highlights the lack of clarity in Article 8 decisions and the need for coherent criteria rather than a case-by-case approach. The influence of the ECHR on setting limits on immigration law and policy is one common feature that immediately stands out. However, it is interesting to note that in Spain not a single judgement cites Article 8 ECHR. The extent of ‘Europeanisation’ of national law is explored in the chapters dealing with the various different countries. The different styles of approach mean that a full comparison cannot be clearly made since the content and emphasis change. For example, the paper on the German experience includes an interesting discussion on the children of foreign-born parents; the French experience deals only with aliens who are non-EU citizens; the papers on the UK and Italy emphasise the acquisition
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Book reviews / Political Geography 22 (2003) 233–242
and loss of residence rights rather than expulsion and the protection of aliens; and the emphasis in the chapter on Greece is on the right to family and private life. The origin of the book is, however, an international conference and not a comparative study. Each contribution clearly demonstrates the importance of secure residence to the integration of immigrants in society. In the final paper the author concludes that there is a European scheme and urges non-governmental organisations to influence policies at European level. The difficulty faced by this book is that the area is changing so quickly that the directives, regulations, cases and national legislation cited may well be surpassed by current developments. Most of the countries referred to have recently amended or are preparing to amend their national legislation in relation to the expulsion of aliens, and since the contributors submitted their papers the Human Rights Act 1998 has come into force in the UK. At Community law level, Directive 2001/40 on the mutual recognition of decisions on the expulsion of third-country nationals must be implemented by 2nd December 2002. In addition, the Commission has proposed Directives on the status of long-term third-country nationals and the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Notwithstanding the above, this book is extremely thorough and informative. Each contributor emphasises either different aspects of the relevant law or the social policy related to it. In some respects the papers overlap in content, but the form of approach is quite distinct and individual. After reading the book, one is left with a feeling of having covered the whole topic from so many viewpoints that any repetition only seeks to reinforce one’s understanding. J. Frances The College of Law, Barrister/Lecturer, 50–52 Chancery Lane, London WC2A 1SX, UK E-mail address: [email protected] doi:10.1016/S0962-6298(02)00020-3
Environmental change in Australia since 1788 Ann Young; Second Edition, Oxford University Press, South Melbourne, 2000 This is a new and extensively updated edition of a popular and well-written text first published in 1996, and not previously reviewed in this journal. The author’s experience ‘is more on the physical side’, but takes account of what she sees as the ‘holistic’ and ‘integrated’ nature of geography. After two opening chapters on ‘Changing views of the Australian environment’ and ‘Assessing changes’ in that environment since 1788, she deals in turn with environmental changes brought about by agriculture, forestry, mining, use of marine and coastal environments, urbanisation, water supply and use and, lastly, nature conservation.
Book reviews
Security of residence and expulsion: protection of aliens in Europe Elspeth Guild and Paul Minderhoud (Eds.) (2000) Kluwer Law International, ISBN 9041114580, 256 pages, £67 The topic that forms the title of the book is explored from numerous different angles by all the contributors, giving an eclectic mix of papers. The emphasis is on long-term residents rather than ‘new immigration’, e.g., asylum seekers, immigrant workers and family reunification, although this is touched on briefly in the later chapters dealing with security of residence in Spain and Belgium. Although comprising four parts, the book essentially covers two main themes: the protection of aliens under European Community law and the European Convention of Human Rights (ECHR); and the practical experiences in applying national law in some of the countries of the Council of Europe. Sandwiched between the two main themes are two papers dealing with the Common Travel Area and the abolition of border controls in the Nordic region. The book is therefore of interest to both academics and practitioners. The chapters of the book are self-supporting, enabling the reader to pick out a specific paper, whilst also being collated in such a way as to allow the reader to work through the book systematically. The role of the Council of Europe in relation to long-term immigrants provides an excellent starting point for subsequent chapters, which cover expulsion and the ECHR; the public order proviso and the ECHR; and expulsion in relation to discrimination, obstacles to free movement, citizenship of the EU and third-country nationals. The case law is analysed in depth, particularly in relation to reconciling the public policy proviso with the right to non-discrimination and Article 8 of the ECHR. This highlights the lack of clarity in Article 8 decisions and the need for coherent criteria rather than a case-by-case approach. The influence of the ECHR on setting limits on immigration law and policy is one common feature that immediately stands out. However, it is interesting to note that in Spain not a single judgement cites Article 8 ECHR. The extent of ‘Europeanisation’ of national law is explored in the chapters dealing with the various different countries. The different styles of approach mean that a full comparison cannot be clearly made since the content and emphasis change. For example, the paper on the German experience includes an interesting discussion on the children of foreign-born parents; the French experience deals only with aliens who are non-EU citizens; the papers on the UK and Italy emphasise the acquisition
234
Book reviews / Political Geography 22 (2003) 233–242
and loss of residence rights rather than expulsion and the protection of aliens; and the emphasis in the chapter on Greece is on the right to family and private life. The origin of the book is, however, an international conference and not a comparative study. Each contribution clearly demonstrates the importance of secure residence to the integration of immigrants in society. In the final paper the author concludes that there is a European scheme and urges non-governmental organisations to influence policies at European level. The difficulty faced by this book is that the area is changing so quickly that the directives, regulations, cases and national legislation cited may well be surpassed by current developments. Most of the countries referred to have recently amended or are preparing to amend their national legislation in relation to the expulsion of aliens, and since the contributors submitted their papers the Human Rights Act 1998 has come into force in the UK. At Community law level, Directive 2001/40 on the mutual recognition of decisions on the expulsion of third-country nationals must be implemented by 2nd December 2002. In addition, the Commission has proposed Directives on the status of long-term third-country nationals and the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Notwithstanding the above, this book is extremely thorough and informative. Each contributor emphasises either different aspects of the relevant law or the social policy related to it. In some respects the papers overlap in content, but the form of approach is quite distinct and individual. After reading the book, one is left with a feeling of having covered the whole topic from so many viewpoints that any repetition only seeks to reinforce one’s understanding. J. Frances The College of Law, Barrister/Lecturer, 50–52 Chancery Lane, London WC2A 1SX, UK E-mail address: [email protected] doi:10.1016/S0962-6298(02)00020-3
Environmental change in Australia since 1788 Ann Young; Second Edition, Oxford University Press, South Melbourne, 2000 This is a new and extensively updated edition of a popular and well-written text first published in 1996, and not previously reviewed in this journal. The author’s experience ‘is more on the physical side’, but takes account of what she sees as the ‘holistic’ and ‘integrated’ nature of geography. After two opening chapters on ‘Changing views of the Australian environment’ and ‘Assessing changes’ in that environment since 1788, she deals in turn with environmental changes brought about by agriculture, forestry, mining, use of marine and coastal environments, urbanisation, water supply and use and, lastly, nature conservation.