이주 2세의 강제퇴거와 기본적 인권: 유럽인권법원 판례를 중심으로

In this article, expulsion cases of the European Court of Human Rights(hereinafter: the Court) are reviewed in order to study the cases of expulsion of the second generation migrants from the perspective of fundamental human rights. The Court considers that the expulsion order against a migrant can be an interference with her right under Article 8 of the European Convention on Human Rights, which is the right to respect for one’s private and family life. By acknowledging that the expulsion of a person might curtail not only her family life but also her private life, it broadens the scope and possibility of protecting fundamental human rights. When there is an interference with such rights, the Court will determine whether it pursues a legitimate aim, is in accordance with the law and is necessary in a democratic society. The Court has introduced certain criteria used in the expulsion cases. They are not limited to the cases of the second generation migrants, but the characteristics of the second generation migrants can be reflected in the process of the Court’s reasoning through some of these criteria such as the ties a person has with the host country. However the Court’s case law is also criticized for lacking consistency and further research is needed on other subjects like the relation between an migrant’s residence status and the expulsion order.