Book contents
- European Societies, Migration, and the Law
- European Societies, Migration, and the Law
- Copyright page
- Dedication
- Contents
- Figures and Tables
- Contributors
- Preface
- Acknowledgements
- Abbreviations
- 1 European Societies, Migration, and the Law
- Part I Making the ‘Other’ – The Construction of ‘Otherness’
- Part II The Operation of Legal ‘Othering’ and the National–Foreigner Dichotomy in the EU
- 6 The Rights of ‘Others’ in Domestic Constitutions
- 7 Hierarchies of Privilege
- 8 Alienation of ‘Second Generation Turkish Dutch’ in the Name of ‘Integration’
- 9 Different Levels of ‘Legal Otherness’ in the Context of Expulsion and Entry Bans
- 10 The Non-national as ‘The Other’
- Part III After the Arrival of the ‘Others’ – Reactions to the ‘Refugee Crisis’ of 2015
- Part IV ‘Othering’ in the EU
- Part V European Societies, ‘Otherness’, Migration, and the Law
- Bibliography
- Index
9 - Different Levels of ‘Legal Otherness’ in the Context of Expulsion and Entry Bans
from Part II - The Operation of Legal ‘Othering’ and the National–Foreigner Dichotomy in the EU
Published online by Cambridge University Press: 13 November 2020
- European Societies, Migration, and the Law
- European Societies, Migration, and the Law
- Copyright page
- Dedication
- Contents
- Figures and Tables
- Contributors
- Preface
- Acknowledgements
- Abbreviations
- 1 European Societies, Migration, and the Law
- Part I Making the ‘Other’ – The Construction of ‘Otherness’
- Part II The Operation of Legal ‘Othering’ and the National–Foreigner Dichotomy in the EU
- 6 The Rights of ‘Others’ in Domestic Constitutions
- 7 Hierarchies of Privilege
- 8 Alienation of ‘Second Generation Turkish Dutch’ in the Name of ‘Integration’
- 9 Different Levels of ‘Legal Otherness’ in the Context of Expulsion and Entry Bans
- 10 The Non-national as ‘The Other’
- Part III After the Arrival of the ‘Others’ – Reactions to the ‘Refugee Crisis’ of 2015
- Part IV ‘Othering’ in the EU
- Part V European Societies, ‘Otherness’, Migration, and the Law
- Bibliography
- Index
Summary
This chapter explores the different levels of ‘legal otherness’ in European Union law in the context of expulsion and entry bans. It is based on the premise that deportability constitutes a clear indicator of 'otherness' and that the lack of a secure residence status marks an individual as an outsider. This contribution examines the impact of a foreigner’s nationality and the duration of her or his residence in the ‘host’ Member State on the level of ‘legal otherness’ as it emanates from the person’s protection against expulsion. The different levels of 'otherness' are analysed against the background of the rationale that a secure residence status has an inclusive effect and is conducive to the foreigner’s integration. A low level of protection against expulsion and an insecure residence status, by contrast, have exclusionary effects and are capable of hampering the foreigner’s integration into the society of the ‘host’ Member State.
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- European Societies, Migration, and the LawThe ‘Others' amongst ‘Us', pp. 173 - 191Publisher: Cambridge University PressPrint publication year: 2020