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Vol 21 No 10 Oct/Nov 2016

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Immigration and Asylum Law and Policy of the European Union

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Kay HailbronnerCenter for International and European law on Immigration and Asylum, Universitat, Konstanz, Germany

ISBN13: 9789041113238
ISBN: 9041113231
Published: December 1999
Publisher: Brill Academic Publishers
Format: Hardback
Price: £209.00



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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. This text 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.

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Contents:
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. Procedurel 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. (Part contents).