Immigration and Asylum Law and Policy of the European Union

1. Auflage 2000
ISBN: 978-90-411-1323-8
Verlag: Wolters Kluwer

Buch, Englisch, 576 Seiten, GB, Format (B × H): 155 mm x 235 mm, Gewicht: 1143 g

The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty.

Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force.

Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.

Zielgruppe

Research

Autoren/Hrsg.

Hailbronner, Kay

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Verwaltungs-, Umwelt- und Gesundheitsrecht
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Arbeits- und Sozialrecht
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Europäische Union, Europapolitik

Inhaltsverzeichnis

Introduction by series editors.
Preface.
A: Immigration into the European Union.
I. European Immigration Law as an integral part of a European Internal Market.
II. Migration to Geographically and Economically Favourable States.
III. Migration as a Social and Economic Factor.
IV. Enlargement and Migration.
B: Immigration, Visa and Asylum Policy in an Area of Freedom, Security and Justice: Title IV of the Treaty establishing the European Community and the Communitarization of the Schengen Acquis.
I. The Cautious Approach of Title IV ECT to Supranationalization.
II. The Framework of Community Action under Human Rights and the Geneva Convention.
III. The Background of Communitarization: The Insufficiencies of Maastricht's Legal Framework for Immigration and Asylum Policies.
IV. From Maastricht to Amsterdam: Changes and Questions of Transition.
V. Structural Aspects of the New Legal Framework.
VI. The Basic Structure of Title IV Competencies.
VII. Communitarization of the Schengen Acquis.
VIII. Re-Adoption of Maastricht Third Pillar Instruments Under Title IV Competencies.
IX. Procedural Issues.
X. The Scope of Legislative Powers under Title IV.
XI. Institutional Provisions.
XII. Opt-out and Opt-in Provisions.
XIII. Extra-Title IV Legal Bases of Community Action.
XIV. Outlook: Policy Questions Related to Further Supranationalization.
C: Immigration Law - Entry and Sojourn.
1. The Need to Develop a Coherent System of European Immigration Law.
II. Crossing External and Internal Borders.
III. Illegal Immigration and Anti-trafficking measures.
IV. Third-Country Nationals Privileged with respect to the Exercise of Market Freedoms by EU Citizens.
V. Privileged Third-Country Nationals: Treatment in Association Agreements.
VI. Non-Privileged Third-Country Nationals.
VII. Free Movement of Third-Country Nationals within the European Union?
VIII. Prevention of Discrimination and Racism.
D: Social Rights of Third-Country Nationals.
I. The Relevance of Human and Social Rights within the Treaties and the Concept of a Charter of Fundamental Human Rights.
II. Social Rights in Articles 138, 139 and 141 ECT.
III. Third-Country Nationals under the Current EC Provisions and the Proposed Extension of the Personal Scope of Application of Social Security Regulations.
IV. Social Rights within the Council of Europe.
E: Refugees and Asylum Seekers.
I. Introduction.
II. Harmonization of the Criteria for Recognition as a Political Refugee.
III. Asylum Procedure under the Dublin and Schengen Conventions.
IV. Harmonization of Minimum Standards on the Reception of Asylum Seekers.
V. Harmonization of the Rules of the Member States on Temporary Protection, De Facto Protection and Humanitarian Residence Permits; Burden-Sharing.
VI. Asylum Procedure.
F: Termination of Residence, Expulsion, Deportation and Return.
I. Description of the Problem.
II. Common Principles on Expulsion.
III. Common European Return Policy.
IV. The International Law Framework.
V. Outlook.