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Transit for Expulsion

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Chapter Summary

Directive 2003/110 on transit for "removals" (expulsion) by air, a German initiative based on Article 63(3) (b) EC, was formally proposed in late 2002, agreed in principle by the JHA Council in June 2003 and formally adopted in November 2003. Even before the "Maastricht-era" of JHA cooperation, the Interior Ministers of Member States were keen to set out principles regarding transit for expulsion. For its part, the Schengen Executive Committee agreed a Decision on transit for expulsion in 1998. This Decision set out a standard form to facilitate cooperation for expulsion along with six guidelines for use of the form. Subsequently, the broader German proposal on transit for the purposes of expulsion was formally revived in the summer of 2002 following the adoption in February 2002 of the Council's Action Plan on illegal immigration, which called for rules on the transit of expellees to be agreed in the short-term.

Keywords: expulsion; JHA cooperation; Maastricht-era



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