The right of residence in the European Union and the protection against expulsion has experienced an enormous development in the last few years. Since that time two directives regulating the right of residents of EU citizens and Third-country-nationals have been established and implemented into national law of the EU Member States. This article focuses on the EU legislation on the protection against expulsion of EU citizens and third country nationals. Taking the entirely different status of residence and protection against expulsion as a basis this article gives a distinctive description of the legal provision for EU citizens and third country nationals. The article starts with an overview of the fundamental provisions of protection against expulsion of EU citizens and continues with discussing the legal status of third country national with regard to protection against expulsion. In this context the article illustrates the jurisdiction of the ECHR (European Court of Human Rights) and the ECJ (European Court of Justice) and highlights its impact to the legal practice of EU Member States.
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Alexandra Steinebach, Ph.D. candidate and research assistant for Prof. Dr. Dr. Rainer Hofmann (Chair of International Law, European Law and Public Law), University of Frankfurt
Dr. Levent Güneş, project consultant at the Europa Zentrum Baden- Württemberg, Institute and Academy for European Affairs