Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Exclusiveness of Inclusion: On the Boundaries of Human Rights in Protecting Transnational and Second Generation Migrants

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of European Journal of Migration and Law

This article analyses the treatment of so-called transnational migrants in expulsion cases reviewed under Article 8 of the European Convention on Human Rights before the European Court of Human Rights (hereinafter: the Court). By regularly crossing national borders and maintaining cultural and social ties to more than one country these migrants are in fact not effectively protected by the Court. This disadvantaging treatment can be explained as being the result of the Court's doctrine of margin of appreciation which allows domestic political preference in immigration policy to dominate the balancing process before the Court. The margin of appreciation doctrine is interpreted as the Court's way of dealing with the more general tension it faces in acting as a guardian on the one hand and respecting domestic legislation on the other. This tension is strengthened by the institutional arrangement under which the Court is acting. Against this background, this article submits two possible amendments on the doctrinal and procedural level, suggesting that the Court should follow a more inclusive reasoning and should replace the margin of appreciation doctrine by the concept of core content.

Affiliations: 1: Research Fellow, Max-Planck-Institute for Comparative Public and International Law, Heidelberg, Germany


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    European Journal of Migration and Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation