ADMINISTRATIVE AND LEGAL GROUNDS FOR DEPORTATION AND EXPULSION OF THIRD-COUNTRY NATIONALS FROM THE EUROPEAN UNION’S MEMBER STATES

  • Yuriy Voloshyn National Aviation University
  • Nataliia Mushak National Aviation University
Keywords: Deportation, Safe Third Country, EU Standards, EU Values, Right to Asylum, Legal Instruments, Country of Origin, Transit Country, Additional Guarantees

Abstract

The purpose of the article is to highlight key issues related to the deportation and eviction ofthird-country nationals from the Member States of the European Union.The article covers the key issues related to the deportation and expulsion of third-country nationalsfrom the European Union’s member states. The research determines that within the European Union most of the issues related to the deportation and expulsion of third-country nationals fromthe EU territory and EU member states are classified as a common immigration policy.The study used a set of methods that defined its purpose and objectives. The authors used acomplex of general scientific and special scientific methods. The dialectical method of cognitionwas used in the analysis of legal relations that are developed within the EU and are in conditionsof continuous development and improvement. The historical and legal method provided anopportunity to investigate the practice of deportation by states at different stages of EU lawdevelopment. The comparative and legal method was used in comparison with the conditions ofdeportation in different European countries.The results of the article are determined by key provisions regulating the issue of deportationand eviction, which serve as legal measures in the fight against the EU and its member states withillegal migration.It has been established that deportation and expulsion serve as legal measures in the fight againstthe EU and its member states with illegal migration. It is emphasized that among the effectivemeans of combating illegal immigrants is the adoption by both the European Union and its MemberStates of the readmission agreements with third countries, which provide for the procedure ofsimplifying the return of persons who do not have legal grounds for staying in the territory of anEU member state, to the country of origin or transit, as well as solving problems related to thereturn procedure, formalizing the effective process of returning persons and preventing problemsin this in the field.The conclusions highlight that in most European countries, the issues of deportation and expulsionare regulated solely on the basis of national legislation, taking into account the standards andnorms of EU law. A number of documents that determine a safe third country have been analyzed.A safe third country is a country that guarantees the right of third-country nationals to apply forasylum.The research analyses the legal instruments of the European Union, which guarantee the right toasylum and provides for compliance with the principle of non-adoption. It is stated that no onecan be expelled or extradited to a state in which there is a serious danger that such a person maybe given a death penalty.There are legal grounds for non-resettlement, and individuals cannot be tortured or punished.

References

1. Judgment of the Court (Grand Chamber) of 2 March 2010, Aydin Salahadin Abdulla (C-175/08), Kamil Hasan (C-176/08), Ahmed Adem, Hamrin Mosa Rashi (C-178/08) and Dler Jamal (C-179/08) v Bundesrepublik Deutschland.
2. Мушак Н. Правові засади функціонування Шенгенського простору : монографія. Одеса : Фенікс, 2017. 442 с.
3. Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, 20.12.2011. Official Journal of the European Union. No L 337/9.
4. Мушак Н.Б. Концепція «безпечної третьої країни» у праві Європейського Союзу. Актуальні проблеми міжнародних відносин. 2018. № 134. С. 90–98.
5. Kjaergaard Eva. The Concept of Safe Third Country in Contemporary European Refugee Law. International Journal of Refugee Law. 1994. № 14. Р. 24–29.
6. Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status. Official Journal of the European Union. No L 26 of 01.12.2005.
7. Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualifications and status of third country nationals or stateless persons as refuges or as persons who otherwise need international protection and the content of the protection granted. Official Journal of the European Union. No L 304 of 30.09.2004.
8. Про біженців та осіб, які потребують додаткового або тимчасового захисту : Закон України від 08.07.2011 р.
9. Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, 6.2.2003. Official Journal of the European Communities. No L 304 of 27.01.2003.
10. Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person. Official Journal of the European Union. No. OJ L 180. 29.6.2013.
11. Regulation (EU) No 154/2012 of the European Parliament and of the Council of 15 February 2012. 29.2.2012. Official Journal of the European Union. L 583.
12. Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office, L 132/11. Official Journal of the European Union. 29.5.2010.
Published
2021-12-09
How to Cite
VoloshynY., & MushakN. (2021). ADMINISTRATIVE AND LEGAL GROUNDS FOR DEPORTATION AND EXPULSION OF THIRD-COUNTRY NATIONALS FROM THE EUROPEAN UNION’S MEMBER STATES. Administrative Law and Process, (4(31), 5-17. https://doi.org/10.17721/2227-796X.2020.4.01
Section
Special administrative law