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Theses

L'expulsion des étrangers en droit international et européen

Abstract : The matter of expulsion is frequently evolving as much in national legal orders as in international legal systems. Internationalization of law, and more precisely the one concerning human rights, has changed the nature of the problems of expulsion and has allowed to develop more and more protective rules for the persons concerned. As a matter of fact, international law, and in particular european law, tend progressively to frame this
highly political act. Thus, the grounds and the implementation of expulsion decisions must be associated with the individual rights and the fundamental freedoms. However, this conciliation seems to be unstable : the changes, essentially aimed at security, which have been noticed in national and Community laws since the attacks of september 11th in 2001 show that this matter is particularly sensitive to the evolutions of socio-political contexts.
The phenomenon of expulsion is, by definition, transnational and drives to an increasing cooperation between the States. Consequently, the setting up of a minimal corpus of rights, matching with procedural safeguards allowing to secure its effectiveness, is all the more pressing necessity. The international organs of control, like the European Court of Human Rights, eventually try to interpret the conventions that apply to this subject in a favourable way so as to answer this requirement.
Going beyond that initial approach, attached to the concept of nationality, seems necessary today. In this respect, the European Union could be an ideal legal framework to create a “virtual national” status and to make the notion of Union citizenship autonomous.
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https://tel.archives-ouvertes.fr/tel-00196312
Contributor : Anne-Lise Ducroquetz <>
Submitted on : Wednesday, December 12, 2007 - 2:54:20 PM
Last modification on : Thursday, February 21, 2019 - 9:56:03 AM
Long-term archiving on: : Monday, April 12, 2010 - 7:09:13 AM

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Anne-Lise Ducroquetz. L'expulsion des étrangers en droit international et européen. Droit. Université du Droit et de la Santé - Lille II, 2007. Français. ⟨tel-00196312⟩

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