Book presentation: Public Order Restrictions in EU Free Movement and Migration Law

Friday, June 25, 2021, 13:30 - 15:30, Online via Zoom

In this book presentation event, the Meijers Committee presents its new publication on public order clauses in EU migration law. We will present our findings and discuss them with a panel of experts. Speakers will include:

  • Evelien Brouwer, co-author of the publication, vice-chair of the Meijers Committee and senior researcher in migration law at VU University Amsterdam
  • Dennis Bode, judge at the district court of Amsterdam and president of the court’s Aliens Chamber (Vreemdelingenkamer)
  • Julien Luscuere, Dutch migration law attorney and president of the specialist association for migration law attorneys (SVMA)
  • Tristan Wibault, Belgian migration law attorney, coordinator for Belgium at the European Legal Network on Asylum (ELENA)
  • Kathrin Hamenstaedt, lecturer in law, Brunel University London, PhD from Maastricht University on the margins of discretion in European expulsion cases

The book will be formally presented by Ashley Terlouw, chair of the Meijers Committee, to Corinna Wissels, State Council (staatsraad) at the Dutch Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak van de Raad van State).

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When should criminal offences, or even the suspicion of criminal offences, have consequences for the residence status or admission of a migrant or refugee in the European Union? This question has arisen many times and has gained importance in the past few years, especially for legal practitioners. After a number of restrictive legal reforms on the national level, state authorities have significantly expanded their efforts to expel criminally convicted migrants, for instance, by removing legal protection from third-country nationals after 20 years of legal residence. These measures may serve the protection of public order, but also increase tensions between national law, EU law and European fundamental rights law.

A practical problem is that CJEU and ECtHR case law addressing public order restrictions in migration and refugee law, has become increasingly complex. It is often unclear to what extent EU law offers protection in this regard and to what extent this protection is additional to the ECHR. In a new publication, the Meijers Committee has made a systematic overview of the current state of EU law and case-law to identify common principles and guidelines that should be applied in all cases within its scope. In this way, we hope to guide policymakers, national courts migration attorneys and state authorities in their decision-making within this complex framework of migration law.

You can register for this event by sending a mail to w.hutten@commissie-meijers.nl