When researching European Union migration and border policy, understanding the distinct aspects of the E.U. and its legal framework are important. Member states within the E.U. must comply with E.U. immigration and asylum policies and law, making the E.U. a unique entity with regards to immigration and asylum law.
1. The Treaty on the Functioning of the European Union (TFEU) establishes much of the E.U.'s immigration and asylum policies.
- TFEU establishes the Court of Justice of the E.U. (CJEU) as the judicial authority that answers questions on E.U. immigration, asylum, and external border policy
- Article 67: establishes the E.U. as an area of freedom, security and justice with respect to the fundamental rights of all persons and establishes that the E.U. shall frame a common policy on immigration, asylum, and border control.
- Article 77: establishes the common external border policy
- Article 78: establishes the common asylum policy
- Article 79: establishes the common immigration policy, which aims to create efficient management of migration flows and fair treatment of legally residing immigrants. It also stipulates that the E.U. may establish measures to support member states to integrate migrants into society
- Article 80: establishes the principles of Solidarity and Fair Sharing of Responsibility between E.U. member states as the guiding principles of E.U. migration and asylum policy
2. The E.U. Common Visa and Common External Border Policy
- The Schengen External Border Acquis established the Schengen External Border Code. This agreement, originally signed by five European countries in 1985, now applies to 27 European nations. It establishes a common external border and stipulates that each E.U. member state must apply the common external border policy at all external borders. It allows for legal visitors from enumerated countries to enter the external Schengen border easily, but beefs up internal security once those visitors are within the Schengen area. It also provides a 90 day tourist visa to enter the Schengen area for those countries who are listed as requiring one.
1. Common European Asylum System (CEAS)
- The CEAS is the legislative framework to regulate asylum, subsidiary protection and temporary protection for asylum seekers.
2. The 1990 Dublin Convention
- This convention determined which EU member states are responsible for examining an application for asylum. The convention essentially dictates that the EU member state where an asylum application is lodged is responsible for examining that application, in order to prevent secondary movement of asylum seekers within the EU.
- Article 18: guarantees the right to seek asylum within the EU
- Article 19: prohibits collective expulsions of asylum seekers within the EU
- The 2013 Dublin Regulation enforced the principles of the 1990 Dublin Convention, determining which member states are responsible for handling asylum applications based on the point of irregular entry.
- The 2013 Eurodac Regulation facilitated communication between member states by providing an infrastructure for member states to dialogue about border, asylum and concerns.
- This pact reformed the CEAS making it broader and more balanced by bringing all aspects of asylum and migration policy together.
- 3 pillars:
- Asylum and Migration Management Regulation: the mechanism for solidarity and criteria for examining asylum applications