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from Part II - The Operation of Legal ‘Othering’ and the National–Foreigner Dichotomy in the EU
Published online by Cambridge University Press: 13 November 2020
This chapter explores the different levels of ‘legal otherness’ in European Union law in the context of expulsion and entry bans. It is based on the premise that deportability constitutes a clear indicator of 'otherness' and that the lack of a secure residence status marks an individual as an outsider. This contribution examines the impact of a foreigner’s nationality and the duration of her or his residence in the ‘host’ Member State on the level of ‘legal otherness’ as it emanates from the person’s protection against expulsion. The different levels of 'otherness' are analysed against the background of the rationale that a secure residence status has an inclusive effect and is conducive to the foreigner’s integration. A low level of protection against expulsion and an insecure residence status, by contrast, have exclusionary effects and are capable of hampering the foreigner’s integration into the society of the ‘host’ Member State.
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