Third country nationals and European law: Obstacles to rights’ expansion

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Abstract
This article examines the texts and jurisprudence of European institutions such as the Council of Europe and the European Union regarding foreigners (third country nationals in the case of the EU) and their incorporation by courts and administrations in France, Germany, and the Netherlands. The evidence suggests that both the European Court of Human Rights and the European Court of Justice had a limited legal basis and unclear competence to rule in the area of foreigners’ rights. Notwithstanding, when they did, their rulings were partially taken into account. This required a number of conditions such as a positive attitude towards international law and a litigation strategy on the part of migrant aid groups.