Abstract
Criminal and migration law and policy are increasingly intertwined, resulting in tension between the two jurisdictions. Even though various legislative amendments have been implemented, no comprehensive investigation has ever been conducted into the criminal and administrative position of the foreign national in the event of a criminal conviction in Belgium. This PhD will investigate which punishments, modalities of punishment and modalities of execution criminal judges (can) impose on foreigners residing legally or illegally in Belgium. In addition, this research will examine the influence of a criminal conviction on the possibility of refusal or withdrawal of residence resulting in expulsion, and on the acquisition and withdrawal of Belgian citizenship. Furthermore, this PhD will identify and analyse the relevance of overarching legal rules and general principles governing this legal position, and evaluate Belgian legislation and practice in this regard. Besides, this research aims to clarify to what extent the fact that expulsion and citizenship withdrawal decisions are taken by the administration as opposed to a criminal court influences the degree of legal protection of the foreign national and the conformity of these decisions with overarching rules and principles. This research will be based upon legislation, case law and empirical data. An integrated legal comparison will be made with France and Switzerland.
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