Constructive or Dysfunctional Cross-fertilisation in European Expulsion Cases – Juxtaposing the ECtHR’s Approach to the CJEU’s Approach to Expulsion
Topic suggested by a lawyer from Cyprus; cosupervision by dr. Joyce De Coninck. Article 52(3) CFR provides that the minimum level of protection for corresponding rights in the CFR and the ECHR must be the level provided by the latter as interpreted by the ECtHR. Within the realm of expulsions, there is noticeable fluctuation in how both Courts approach protection against expulsion, whereby in certain cases the ECtHR provides more extensive protection and in certain cases the CJEU provides more extensive protection. Within this vein, the question arises whether this is problematic from the vantage point of the individual third country national subject to expulsion, and more generally, whether this poses problems (or potentially new opportunities for strategic litigation) with respect to legal certainty, legitimate expectations, and the effectiveness of fundamental rights protection.