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Mutual Recognition of Expulsion Decisions

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Chapter Summary

Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals entered into force on 2 June 2001. It aims to ensure greater effectiveness in enforcing expulsion decisions and better cooperation between Member States though mutual recognition of expulsion decisions. Furthermore the financial burden placed on the enforcing Member State is likely to be a barrier to effective use of the Directive. The Council Decision on Financial Imbalances is a measure taken to compensate enforcing Member States for the financial burdens placed on them in carrying out enforcement of other Member States' expulsion decisions. The enforcing Member State shall first examine the situation of the person concerned to ensure that neither the relevant international instruments nor the national rules applicable conflict with the enforcement of the expulsion decision.

Keywords: Council Directive; expulsion decisions; Member States; mutual recognition; third country nationals

10.1163/ej.9789004153745.i-1027.162
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