Beyond the citizen/non-citizen divide: The deportation of EU nationals in the EU

• In Event: When re-entry means removal: The management of EU national prison populations in Europe

Abstract

Over the last two decades, the European Union has built a legal order for foreign EU nationals that is premised upon the freedom of movement principles. Consequently, the deportation of foreign EU citizens has been regulated as a highly exceptional legal measure. In stark contrast to this, though, many EU jurisdictions have been increasingly enforcing these deportation orders over the last ten years. The French government paved the way for this deportation policy change by the turn of the decade and the British government, against the backdrop of the Brexit consequences, has given a decisive impetus to these removal procedures in recent years. This paper aims to delve into this increasingly consolidated contradiction between EU migration law and national crimmigration practices. In addition, it scrutinises the implications of this recent shift for the national prison systems, which confine a wide number of foreign EU national inmates. This emerging strategy lays bare the strength of crimmigration practices in Europe and stands in marked contrast with the allegedly gradual consolidation of the principles of mutual trust and mutual cooperation in criminal matters within the EU.

Author

• Jose A. Brandariz, University of A Coruna, Spain