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Introduction

On this product page of the release:'The entry ban in aliens and criminal law', you will find an overview of related documents relevant to the book. By making these documents accessible via a link, we hope to have increased the ease of use of the release.

Content

The entry ban is one of the instruments of the Return Directive. This Directive establishes common standards and procedures to be applied by the Member States of the European Union when returning illegally staying third-country nationals on their territory. Implementing the Returns Directive requires a coherent approach applicable to all Member States in order to achieve an effective European return policy.

​In this issue, the authors Jim Waasdorp and Aniel Pahladsingh discuss the most recent developments regarding the entry ban in aliens and criminal law. The judgment of the EU Court in the Ouhrami case (start of the duration of the entry ban) has had far-reaching consequences for immigration law and criminal law. An analysis of these consequences is discussed in the book, among other things. Furthermore, the JZ judgment of the EU Court (criminal enforcement of the entry ban) is discussed and analyzed and the judgment of the Supreme Court showing that the criminal enforcement of the entry ban can be resumed by the Public Prosecution Service is also discussed. In addition to the entry ban, a number of related instruments are discussed, such as the return decision and the measures introduced in 2017 in the context of combating terrorism (such as the withdrawal of Dutch nationality). In addition, the authors consider new and announced (European) regulations. This standard work in the field of the entry ban is an indispensable publication for anyone involved in the return of third-country nationals residing illegally in the Netherlands or elsewhere in the European Union.

 

About the authors

  • mr. A. (Aniel) Pahladsingh worked between 2000 and 2007 at the Legal Representation Division of the Immigration and Naturalization Service (IND). He has been working as a lawyer at the Council of State since 2007. He is the official secretary of the Council's Committee on European Union Law with coordinating tasks in the field of Union law, including issues relating to the EU Charter. Since 2010, he has been a deputy judge at the District Court of Rotterdam, administrative law sector. Since 2021, he has also been a deputy judge at the Amsterdam District Court (International Legal Aid Chamber). He is also affiliated with the Center for European Law at the Free University of Brussels. Aniel is a member of the editorial board of the journals Journaal Alienrecht (Sdu Uitgevers) and Crimmigration & Law (Boom Juridisch) and is a member of the editorial board of the Commentaries Vw 2000 and European Migration Law (Sdu Uitgevers). 

  • mr. J. (Jim) RKAM Waasdorp is judge in the court of The Hague. Previously, he worked at the Court of Justice of the European Union and the Administrative Jurisdiction Division of the Council of State. Jim has published regularly on European return policy and immigration law. He is a member of the editorial board of the journal Crimmigation & Law (Boom Juridisch) and is an external PhD candidate at Utrecht University.

Laws and regulations

Here is an overview of legislation and regulations relevant to the book. By clicking on the title, you will be taken directly to the regulation inweten.nl.

General Administrative Law Act

police law

Directive 2004/38/EC of 29 April 2004

Dutch Nationality Act

Schengen Borders Code

Return guideline

Temporary Act on Administrative Measures to Combat Terrorism

Treaty on the Functioning of the European Union

Treaty of Amsterdam

Aliens Decree

Aliens Act

criminal law

Footnote References

13    Open Method of Coordination (OMC)

123  Report on passport measure and travel ban

129  The administrative approach to terrorism viewed from the perspective of non-discrimination

172  Proposals for regulations to strengthen the SIS

215

313  Advice 'Weighed danger' of the Advisory Committee for Immigration Affairs

453  Internet consultation draft amendment to Aliens Decree

454  ACVZ/ADV/2015/002 Adjustment of the rules on the imposition and duration of the entry ban

541  Policy advice ACVZ 'Weighted danger'

684and699  Report Aliens Chain 2017

711  Landmarks for sentencing and LOVS agreements

824  Trump administration announces new travel restrictions

825  Proclamation on Ending Discriminatory Bans on Entry to The United States

826

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