Hungarian Journal of Legal Studies
Volume 58, Issue 3, 2017, Pages 237-260

EU Migration Law Shaping International Migration Law in the Field of Expulsion of Aliens – the Case of the ILC Draft Articles (Article) (Open Access)

Molnár T.*
  • a Corvinus University of Budapest, Institute of International Studies, Hungary

Abstract

Since the Treaty of Maastricht, EU law has become more open to international law and has engaged with it in different forms of interactions. The influence of EU law on universal law-making has found its way through different legal channels and techniques. The article thoroughly scrutinizes the impact of EU return acquis on the development of the international law governing the ‘expulsion of aliens’, which can be best analysed through the work of the UN International Law Commission (ILC) on the expulsion of aliens (2004–2014). The ILC’s approach has come a long way from the mere ignorance of EU law and the EU’s submissions by the special rapporteur in the early stages of the codification work until it has gradually taking into account major EU migration law concepts in ILC reports and in the draft articles. The 2014 ILC draft articles on the expulsion of aliens have finally been, in many aspects, inspired and influenced by EU law, especially the Return Directive (2008/115/EC). This short piece meticulously explores the inroads EU return law made in relation to the ILC work on the expulsion of aliens, by identifying and critically evaluating the tangible impact of EU law on the UN codification project. Keywords: Expulsion of aliens, interactions between EU law and international law, International Law Commission, Return Directive. © 2017 Akadémiai Kiadó, Budapest

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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85041600753&doi=10.1556%2f2052.2017.58.3.1&partnerID=40&md5=f61454341137f8d07b170e36a3a73300

DOI: 10.1556/2052.2017.58.3.1
ISSN: 24985473
Cited by: 1
Original Language: English