Immigration and Asylum Law and Policy of the European Union / Kay Hailbronner.

Format:

Book

Author/Creator:

Hailbronner, Kay, author.

Language:

English

Subjects (All):

Emigration and immigration law--European Union countries.

Emigration and immigration law.

Asylum, Right of--European Union countries.

Asylum, Right of.

Physical Description:

1 online resource (584 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Kluwer Law International, [2000]

Summary:

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.

Contents:

Intro

Title Page

Copyright Page

Table of Contents

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

1. Migration Movements to the European Union

2. Third-country Nationals in the European Union-A Statistical Survey

a) Net Immigration to Europe from 1987 to 1997

b) Share of Non-EEA-Citizens in the EU as of 1 January 1996

c) The Employment of Foreign Workers in the EU Member States (1993)

d) Population Development in the European Union in 1998

3. The quantity of refugee flows and their geographical distribution

a) Asylum Claims in Europe 1992-1999

b) Distribution of Asylum Claims among EU Member States

4. The Known and Unknown Factor: Illegal Immigration

III. Migration as a Social and Economic Factor

1. The Alleged Need for Increased Immigration

2. Demographic trends in destination countries

3. Migration and Labour Requirements

4. Migration Trends

IV. Enlargement and Migration

1. The Effects of Association Agreements and Enlargements of the European Union

2. CEEC Enlargement

3. Non-CEECs Interested in EU Membership

4. The CEECs' Adaptation to the Justice and Home Affairs Acquis

5. Transitional Arrangements in the course of CEEC Enlargement

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

1. The European Convention for the Protection of Human Rights and Fundamental Freedoms

2. The Geneva Convention.

3. The Content of the Commitments undertaken by the Community under the European and Geneva Conventions

4. The Competing Jurisdictions of the Strasbourg and Luxembourg Courts

5. Other Human Rights Treaties

a) Asylum Policy

b) Immigration Policy

III. The Background of Communitarization: The Insufficiencies of Maastricht's Legal Framework for Immigration and Asylum Policies

1. The Structural Deficit of Third Pillar Decision-Making

2. The Achievements of Third Pillar Co-operation

3. Achievements of Intergovernmental Co-operation outside the EU Framework

IV. From Maastricht to Amsterdam: Changes and Questions of Transition

1. The Elements of Amsterdam's Legal Framework

2. Title TV and the Schengen Protocol

3. The Follow-up of Maastricht's Primary Community Law (Ex-Article 100(c) ECT)

4. The Effects of the Amsterdam Treaty on Third Pillar Instruments Adopted under the Maastricht Regime

V. Structural Aspects of the New Legal Framework

1. Closer Co-operation

a) Title IV ECT and the Schengen Protocol as Examples of Closer Co-operation

2. Implied Treaty Making Powers in Migration and Asylum Law

a) General Applicability of ERTA-principles

b) Declarations on Title IV Matters-Legal Nature

c) The External Relations Protocol

d) Foreign Policy Considerations in Visa-regimes

e) Declaration on Immigration Policy (Article 63(3)(a) ECT)

f) Ordre-Public Clauses

VI. The Basic Structure of Title IV Powers

1. Measures Aimed at Ensuring the Freedom of Movement

2. Other Measures

3. Direct Effects of Title IV Provisions ?

VII. Communitarization of the Schengen Acquis

1. General Principles and Issues

2. The Elements of the Schengen Acquis

3. Legal Nature of the Schengen Acquis

4. Judicial Review

5. Iceland and Norway.

VIII. Re-Adoption of Maastricht Third Pillar Instruments Under Title IV Powers

IX. Procedural Issues

X. The Scope of Legislative Powers under Title IV

1. Abolition of Internal Border Controls and Compensating Measures

2. Visa Policy

3. Asylum

a) Reception of Asylum Seekers

b) Minimum Standards of Procedure

c) Temporary Protection

d) Sudden Inflows of Third-country nationals

e) The Scope of Minimum Standards in the Light of the Notion of Burden-Sharing

f) Establishment of a European Asylum Agency?

4. Immigration

5. The Status of Third-Country Nationals (Article 61(b) ECT)

XI. Institutional Provisions

1. The Right of Initiative

2. Rights of the European Parliament

3. Powers of the European Court of Justice

XII. Opt-out and Opt-in Provisions

1. Title IV Opt-Out and Opt-In

2. Schengen Opt-Out and Opt-In

XIII. Extra-Title IV Legal Bases of Community Action

1. Extra-Title IV Powers on European Aliens Law?

a) The Need to Delineate the Scope of Application of Title IV ECT and of other Legal Bases for Community Action

b) Delineation of Title IV ECT and extra-Title IV Legal Bases of Community Action

c) Delineation of Powers under the Maastricht Treaty

d) The Method of Delineation

2. The Common and Internal Market Concepts

3. Article 310 ECT and Association Agreements

4. The Impact of Market Freedoms on the Status of Third-Country-Nationals

5. Article 94 ECT (ex-Article 100 ECT)

6. Article 308 ECT (ex-Article 235 ECT)

7. Social Rights: Article 137 ECT

8. Anti-Discrimination: Article 13 ECT

XIV. Outlook: Policy Questions Related to Further supranationalization

C. Immigration Law-Entry and Sojourn

I. The Need to Develop a Coherent System of European Immigration Law

1. European Immigration Law After Amsterdam: An Overview.

2. The Creation of the Internal Market as the Objective of the Schengen Implementation Convention

II. Crossing External and Internal Borders

1. General Requirements for the Crossing of External Borders

a) General Principles and Definitions

b) Execution of border controls in compliance with uniform principles

c) Intensified surveillance of the green and blue borders

2. Visa Requirements

a) Negative, positive and grey listing under the SIC

b) 'Listing' at the Community Level: Regulation 574/99

c) The SIC Provisions related to Airports and the Joint Action on Airport Transit Arrangements

d) Uniform Format for Visas: Regulation 1683/95

e) Harmonization of Criteria

3. Entry for Short-Term Visits

a) Defining the Notion of "Alien"

b) Possession of Travel Documents and Visa

c) Sufficient Means for and Purpose of Visit

d) Reporting Aliens for the Purpose of Being Refused Entry

e) Public Policy and National Security: Article 5(1 )(e) SIC

f) Individual Rights, Direct Applicability and Judicial Review

4. Conditions of Intra-EU Movement of Third-Country Nationals

a) Requirements for the Free Movement of Third-Country Nationals

b) Reporting Requirement

5. Practical Experiences and the Need for Further Development

a) Visa Policy

b) The Rule of Law

c) Public Policy

III. Illegal Immigration and Anti-Trafficking Measures

1. The Problem of illegal immigration and trafficking

2. Legislative Measures against Illegal Immigration and Trafficking at the European Level

a) Cooperation in Expulsion

b) Illegal Employment

c) Marriages of Convenience

d) Trafficking of aliens and exploitation

3. Cooperation with Central and Eastern European States

a) The Budapest Process

b) The Enlargement of the European Union.

4. Perspectives of a future European policy against illegal immigration and trafficking

IV. Third-Country Nationals Privileged with Respect to the Exercise of Market Freedoms by EU Citizens

1. Family Members of EU Citizens

a) The Market Freedoms and Secondary Community Law aimed at their Implementation

b) The Concept of Family Members

c) Conditions of Entry

d) Non-Discrimination

e) Freedom of Movement under Article 18 ECT

f) The TEU's Reference to the European Convention on Human Rights

g) Immigration and Residence Control Measures

h) Scope of the Right of Residence and Loss of Status

2. Close Persons without Family Ties

Divorcés

b) Non-Marital Relationships

3. Posted Workers: The Freedoms to Provide Services and of Establishment

a) Legal Issues of the Posting of Workers

b) Definition of Posted Work

c) Migration Control (Visa Requirements and Registration Duties)

The Rush Portuguesa and Vander Elst Principles and the Freedom of Establishment

e) Recent Commission Proposals for EC Directives in the Field of Provision of Services

f) Third-country national Providers of Services

g) National Discretion in Respect of the Protection of Posted Workers

V. Privileged Third-Country Nationals: Treatment in Association Agreements

1. Relevant Agreements

a) Effects of Association Agreements and Council of Association Decisions

b) The Powers Conferred upon Councils of Association

2. The EEA Agreement

3. The EEC-Turkey Association Agreement

a) The Progressive Integration of Turkish Workers

b) The Principles Derived from Article 6 of Decision 1/80

c) The Concept of Being Duly Registered as Belonging to the Labour Force

d) The Concept of Legal Employment

e) Further Assimilation of Status

f) Some Methodological Objections against the Court's Reasoning.

g) Family Members of Turkish Workers.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

9789004482623

9004482628

OCLC:

1418874743