Expulsion of Members of Criminal Families (‘Clans’)?
Public debates about complex question of migration law can go astray. That is what happened with a draft proposal for an amendment to the German Residence and Asylum Acts which is meant to facilitate, amongst others, the expulsion of members of criminal associations. The media and politicians criticised an alleged ‘clan liability’ of family members for the behaviour of relatives. In interviews with DER SPIEGEL (’Es handelt sich überwiegend um Symbolpolitik’) and the digital television format ZDFHEUTE LIVE (‘Sippenhaft wird es nicht geben’), Professor Thym discusses the contents and the implications of the draft amendment for a broader audience: it would not result in automatic liability irrespective of personal conduct; expulsion would continue to require a comprehensive assessment of the pros and cons; it must be distinguished, moreover, from actual return to a third state, which involves additional procedural safeguards. Expert opinions can be found in Der Tagesspiegel, FAZ, Legal Tribune Online, Der Spiegel, and ZDFheute.