Journal article

Publication year: 2010

Pages: 1006-1024

Journal: German Law Journal

Volume number: 11

Issue number: 9

DOI Link: https://doi.org/10.1017/S207183220002006X

Publisher: Cambridge University Press

Abstract: 

The present paper concerns procedural guarantees in immigration proceedings, thus addressing the broader question of the role of the general principles of EU law in respect of administrative decision-making. The main assertion is that certain requirements of procedural due process are recognized in EU law as fundamental rights. They must therefore be observed by Member State authorities when decisions significantly affecting the legal position of a person are taken, provided that the decision is at least partly determined by EU law. The relevant immigration proceedings involve measures related to the termination of residence as well as decisions related to denial or loss of a particular legal status. In effect, the actual scope of application of the EU's administrative fundamental rights is determined by the actual scope of activity of the European legislator. The author concludes that even a relatively ‘shallow’ harmonization of laws can lead to a ‘deep’ reshaping of the domestic legal order, by becoming a Trojan Horse for fundamental rights heretofore alien to some national immigration regimes.

Harvard Citation style: Bast, J. (2010) Of General Principles and Trojan Horses – Procedural Due Process in Immigration Proceedings under EU Law, German Law Journal, 11(9), pp. 1006-1024. https://doi.org/10.1017/S207183220002006X

APA Citation style: Bast, J. (2010). Of General Principles and Trojan Horses – Procedural Due Process in Immigration Proceedings under EU Law. German Law Journal. 11(9), 1006-1024. https://doi.org/10.1017/S207183220002006X