Discretion, Competence and Migration in the European Union

1999 ◽  
Vol 1 (1) ◽  
pp. 61-87 ◽  
Author(s):  
Keyword(s):  
European Union ◽  
Legal Order ◽  
Underlying Structure ◽  
The European Union ◽  
Asylum Policy ◽  
Community Law ◽  
Law And Policy ◽  
And Migration ◽  
Immigration And Asylum ◽  
Community Legal Order

AbstractThis article considers the underlying structure of Community law on migration. It examines the fundamental elements of the Community legal order as they apply to immigration and how those elements have been used to regulate the position of third country nationals. It then looks at the inter-governmental approach to immigration and asylum policy which the Member States have pursued and poses some questions about how these two strands of law and policy meet within the new competences of the Community in respect of immigration and asylum.

scholarly journals The European Union and WTO law: a nexus of reactive, coactive, and proactive approaches

2007 ◽  
Vol 6 (1) ◽  
pp. 45-87 ◽  
Author(s):  
ANTONIS ANTONIADIS
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Political Institutions ◽  
Legal Order ◽  
The European Union ◽  
Comprehensive View ◽  
Court Of Justice ◽  
Community Legal Order ◽  
The Eu

Ranging from the denial of direct effect to WTO law by the Court of Justice to a WTO-friendly legislative culture currently booming in the EU's political institutions, different approaches towards WTO law have been adopted within the EU. This article classifies the different approaches into reactive, coactive, and proactive by drawing on their common characteristics. The principal aim is to explore the considerations shaping the development of the different approaches and to argue that these stem from the interaction between the judiciary and the legislature. In doing so, this article purports to provide a comprehensive view of the application of WTO law within the Community legal order.

Harmonisation of Asylum Law and Policy within the European Union: A Human Rights Perspective

2002 ◽  
Vol 20 (2) ◽  
pp. 163-184
Author(s):  
Hannah R. Garry
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
The European Union ◽  
Member States ◽  
Asylum Policy ◽  
Law And Policy ◽  
Amsterdam Treaty ◽  
Asylum Law ◽  
The Eu

From 1986 to the present, there has been a dramatic increase in the numbers of asylum applications within the borders of the European Union largely from Eastern European countries and former colonies in Africa, Asia and the Middle East. Reacting to the influxes of the 1980s, European States began to implement and coordinate policies to control entry of asylum seekers. Within this climate, the EU has moved towards harmonisation of asylum policy and procedure as necessary for its pursuit of an ‘area of freedom, security and justice’ without internal borders for the purpose of greater economic and political integration. In light of the current restrictive attitudes and practice towards asylum seekers in the individual Member States of the EU, the harmonisation of asylum policy through the institutions and law of the EU may prove to be problematic from a human rights perspective. This paper first traces the development of a common asylum policy within the EU through the Maastricht Treaty and the Amsterdam Treaty. Second, this paper analyses the implications of harmonisation after the Amsterdam Treaty with reference to the international obligations of the Member States under international human rights and refugee law. Third, this paper critiques the development of various current asylum policies and practice through intergovernmental development of ‘soft law’. Through this overview and analysis, it is argued that further steps towards harmonisation will continue to reflect European concerns with security, economic prosperity, and cultural homogeneity unless the moves towards supranationalism within the EU framework lead to a deliberate effort to make respect for human rights the core of asylum law and policy.

Christian Churches and the European Union Immigration and Asylum Policy

2013 ◽  
Vol 6 (3) ◽  
pp. 321-357 ◽  
Author(s):  
Sergei A. Mudrov
Keyword(s):  
European Union ◽  
The European Union ◽  
Asylum Policy ◽  
Eu Policy ◽  
Christian Churches ◽  
Immigration And Asylum ◽  
The Impact ◽  
Specific Contribution ◽  
The Eu

This article examines how Christian churches have contributed to the European Union immigration and asylum policy. It briefly discusses the main developments of the EU policy in the area of migration and asylum, and then explains why issues of migration are important to the churches (particularly that these issues are closely connected with the Biblical call to take care of a stranger). The article identifies the main Christian organisations, which work in the area of migration and asylum at the EU level, as well as their areas of specific contribution. It is found out that the strategy, used by Christian organisations, is similar to that of other non-governmental organisations, but it also bears the impact of their specific status and ‘family links’ with churches. Overall, it is sometimes difficult to separate the influence of Christian organisations from the influence of their secular counterparts working in the area of migration and asylum. However, the importance of Christian organisations is particularly noticeable in the area of monitoring and assessment, even to an extent that Christian organisations can be regarded as more important than secular ones.

24. The Area of Freedom, Security and Justice: EU justice and home affairs law and policy

2020 ◽  
pp. 557-579
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Legal Framework ◽  
Eu Law ◽  
The European Union ◽  
Irregular Migrants ◽  
Law And Policy ◽  
Eu Policies ◽  
Immigration And Asylum ◽  
Legislative Measures

This chapter examines the European Union (EU) home affairs law and policy, known in EU law as ‘the area of freedom, security and justice (AFSJ)’. It discusses the provisions of EU law on immigration and asylum (refugees and subsidiary protection) regulating the entry and residence of non-EU citizens, distinguishing between legal and unauthorised entry (controls at the border and expulsion and detention of irregular migrants), and the protection given to third -country nationals by a range of legislative measures. It also introduces the legal framework for the EU’s criminal justice policies, including the link between substantive criminal law and other EU policies.

The Union Budget

2018 ◽  
Author(s):  
Richard Crowe
Keyword(s):  
Public Finance ◽  
Decision Making ◽  
European Union ◽  
International Organizations ◽  
Legal Order ◽  
Traditional Model ◽  
The European Union ◽  
Community Law ◽  
European Policies ◽  
And Control

The budget of the European Union is, in many respects, an innovative transnational public finance experiment. The transition to a system of own resources in the 1970s marked an attempt to push beyond the traditional model for financing international organizations (through ‘national contributions’ from the budgets of the participating states) to establish an autonomous European budgetary order that would complement the ‘new legal order’ of Community law. Expectations may not have been fully realized in that regard, but today’s Union does enjoy a level of budgetary autonomy far exceeding that accorded to other treaty-based organizations. On the expenditure side, over 94 per cent of the budget is invested in common European policies, and it performs transnational redistributive functions in certain policy sectors. Moreover, the institutional framework for the establishment and control of the budget includes particular features, such as a strong parliamentary dimension to decision-making on expenditure and an independent Court of Auditors, that are more characteristic of the budgetary system of a state.

The Primacy of European Union Law over National Law Under the Constitutional Treaty

2005 ◽  
Vol 6 (11) ◽  
pp. 1479-1495 ◽  
Author(s):  
Roman Kwiecień
Keyword(s):  
European Union ◽  
Legal Order ◽  
Constitutional Treaty ◽  
European Union Law ◽  
European Constitution ◽  
Community Law ◽  
Eu Member States ◽  
Constitutive Principles ◽  
Community Legal Order

The primacy of Community law over national law of the EC/EU Member States was recognized as one of the constitutive principles of the Community legal order as early as before the signing of the Treaty establishing a Constitution for Europe on 29 October 2004. The primacy principle together with the principles of direct effect and of uniform applicability are believed to constitute not only the foundation of effectiveness of the Community legal order but also play the role of the pillars of the unofficial European Constitution. The primacy principle is even seen as the embodiment of actual transfer of constitutional power to Europe.

scholarly journals Crisis in the Mediterranean neighbourhood: A test for the European union migration policy

2015 ◽  
Vol 67 (4) ◽  
pp. 328-348
Author(s):  
Nikola Stojanovic
Keyword(s):  
European Union ◽  
National Level ◽  
Migration Policy ◽  
The European Union ◽  
Migration Strategy ◽  
Member States ◽  
Asylum Policy ◽  
Eu Member States ◽  
Immigration And Asylum ◽  
The Eu

The paper analyses the implementation of the EU immigration and asylum policy and the control of EU member states' external borders in the aftermath of the Arab Spring. The author argues that the European Union pursues an exclusive version of those policies aimed at reducing the immigration pressure as well as preventing illegal border crossings into the member states. Two key mechanisms have been identified in the EU policy implementation: 1) a restrictive border control regime, and 2) agreements to transfer border management and supervision tasks to the third countries (transitional countries). The author emphasizes that the development of an exclusive migration strategy was not followed by the needed changes of the inclusive aspects of the EU immigration and asylum policy and the control of external borders; in fact, the EU member state's asylum systems were not preventively strengthened as to enhance national capacities to receive and integrate new migrants. The dramatic increase of the number of illegal crossings of the European Union external borders in 2014 caused the collapse of the EU immigration strategy, and failures in national asylum systems of the member states. The author concludes that partially integrated EU immigration and asylum policy at national level led to the dysfunctional external border management and the EU's loss of control over massive immigration influxes.

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