移民法的新趨勢 ── 評Daniel Thym和Jürgen Bast的教授資格論文

New Trends in Immigration Law- Review on Habilitation Theses of Professor Daniel Thym and Professor Jürgen Bast

This article reviews two habilitation theses, namely the “Migrationsverwaltungsrecht” by Daniel Thym that was published in 2010, and the “Aufenthaltsrecht und Migrationssteuerung” by Jürgen Bast that was published in 2011. From the review, the article shows how Germany transformed from being viewed disgracefully as the country of guest workers to being the largest host country in Europe, as well as how Germany’s legal system evolved from its Foreigners Act to the Immigration Act. In the meantime, it demonstrates how the scholars adjust the directions and pace of their research to provide advice to help create appropriate legal strategies and the proper interpretation of the law. It further displays the change and trend which are to focus on immigration regulation and integration under the new immigration law. These two theses echo and continue the reform of Germany’s administration law. They use the suggestions on the reform of the administrative law system provided by the legal doctrines of Germany’s administration law. Instead of focusing on analyzing the judicial decisions as most scholars did in the past, they put the spotlight on how the domestic administration law that is under the multiple influences from the EU law and the international law responds to the important administrative tasks that lay ahead.