PhD student: Mrs I.M. Smits

Promotors: Mrs Prof A.W.G.J. Buijze, Mrs Dr E.R. Brouwer, V. Bex-Reimert

Duration: 1/9/2023 - 31/8/2029

Abstract:

Dutch migration law is characterized by a strict approach by the national legislator, unique judicial protection and special immigration doctrines that depart from mainstream constitutional norms (such as the principle of legality and dualism). Another characteristic is the Europeanization of migration law, which, by setting minimum standards, seems to provide the scope for these 'exceptions'. In addition, a positive movement is visible from the jurisprudence of the European Court of Justice towards broader judicial protection. The developments in migration law, prompted by EU law, sometimes have consequences for regular administrative law. However, the question is how far this influence on administrative law extends. Therefore, this research focuses on the question why the Netherlands has this strict and unique approach in its migration law and what influence European (migration) law, and its impact on national migration law, has on the development and harmonization of general administrative law.