The asylum and immigration law in the European Union - Respect for human rights or Fortress Europe?
(2002)Department of Law
- Abstract
- The realisation of the inner market meant that all border controls between the Member States of the European Community were to disappear, so that the four freedoms, workers, capital, services and goods, could cross the borders without problems. But in order to keep the security in a Community with no borders, the external border controls had to be strengthened. This was necessary to keep out drugs, international criminality and illegal immigration. The Member States realised that the best way to control the external borders was to co-operate. This was done with an intergovernmental approach, like the Schengen co-operation, and within the Community. This co-operation were very much focused on hindering massive groups of asylum-seekers to... (More)
- The realisation of the inner market meant that all border controls between the Member States of the European Community were to disappear, so that the four freedoms, workers, capital, services and goods, could cross the borders without problems. But in order to keep the security in a Community with no borders, the external border controls had to be strengthened. This was necessary to keep out drugs, international criminality and illegal immigration. The Member States realised that the best way to control the external borders was to co-operate. This was done with an intergovernmental approach, like the Schengen co-operation, and within the Community. This co-operation were very much focused on hindering massive groups of asylum-seekers to enter the Community. Measures to prevent immigration and refugees coming were taken, like the introduction of visa, where nationals of certain countries had to get a visa to enter the Community, departure controls in third countries, information systems and carries sanction. As the European Community developed into the European Union, the co-operation on external border control was integrated into the Community. The Maastricht Treaty introduced the three-pillar structure, with the asylum and immigration policies in the third pillar, with mainly intergovernmental structure, but yet an improvement in the influence of the Community. The Amsterdam Treaty went further, by integrating the asylum issues into the Community framework, with its legal and democratic instruments. At the same time as common rules and policies on asylum and immigration developed, the Community became gradually more aware of international law and conventions on these issues. To prevent the Community rules from clashing with international obligations of the Member States, efforts were made to respect fundamental and human rights. In the Treaty, respect for the 1951 Geneva Convention on refugees and the European Convention on Human Rights were stated to shine through all the work in the Community, and a European Charter on Fundamental Rights has been developed, although not binding. But the law and policies of the EU when it comes to asylum and immigration have as its main background to prevent crimes like illegal immigration and to protect the security within the Union. Because of this and the fact that they sometimes have been created without the proper democratic procedures, some of the rules could clash with international law and human rights created to protect people who are defined as refugees. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1558693
- author
- Jeppsson, Jessica
- supervisor
- organization
- year
- 2002
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- EG-rätt
- language
- English
- id
- 1558693
- date added to LUP
- 2010-03-08 15:55:22
- date last changed
- 2010-03-08 15:55:22
@misc{1558693,
abstract = {{The realisation of the inner market meant that all border controls between the Member States of the European Community were to disappear, so that the four freedoms, workers, capital, services and goods, could cross the borders without problems. But in order to keep the security in a Community with no borders, the external border controls had to be strengthened. This was necessary to keep out drugs, international criminality and illegal immigration. The Member States realised that the best way to control the external borders was to co-operate. This was done with an intergovernmental approach, like the Schengen co-operation, and within the Community. This co-operation were very much focused on hindering massive groups of asylum-seekers to enter the Community. Measures to prevent immigration and refugees coming were taken, like the introduction of visa, where nationals of certain countries had to get a visa to enter the Community, departure controls in third countries, information systems and carries sanction. As the European Community developed into the European Union, the co-operation on external border control was integrated into the Community. The Maastricht Treaty introduced the three-pillar structure, with the asylum and immigration policies in the third pillar, with mainly intergovernmental structure, but yet an improvement in the influence of the Community. The Amsterdam Treaty went further, by integrating the asylum issues into the Community framework, with its legal and democratic instruments. At the same time as common rules and policies on asylum and immigration developed, the Community became gradually more aware of international law and conventions on these issues. To prevent the Community rules from clashing with international obligations of the Member States, efforts were made to respect fundamental and human rights. In the Treaty, respect for the 1951 Geneva Convention on refugees and the European Convention on Human Rights were stated to shine through all the work in the Community, and a European Charter on Fundamental Rights has been developed, although not binding. But the law and policies of the EU when it comes to asylum and immigration have as its main background to prevent crimes like illegal immigration and to protect the security within the Union. Because of this and the fact that they sometimes have been created without the proper democratic procedures, some of the rules could clash with international law and human rights created to protect people who are defined as refugees.}},
author = {{Jeppsson, Jessica}},
language = {{eng}},
note = {{Student Paper}},
title = {{The asylum and immigration law in the European Union - Respect for human rights or Fortress Europe?}},
year = {{2002}},
}