Official documents concerning Asylum and Immigration policy
European Commission: Mid-term report on the implementation of the Action Plan on Unaccompanied Minors - 28 September 2012
The European Data Protection Supervisor publishes a press release "EURODAC: erosion of fundamental rights creeps along" - 5 September 2012
On September, 5th, the European Data Protection Supervisor (EDPS) has published an opinion on the amended Commission proposal for a Regulation of the European Parliament and of the Council on the establishment of ’EURODAC’ for the comparison of fingerprints of asylum seekers
The European Court of Justice rendered its decision regarding the Schengen Border Code - 5th September 2012
On September 5th 2012, the European Court of Justice rendered its decision in the legal dispute that has been opposing the European Parliament and the Council of the European Union about the Schengen Border Code.
European Commission proposal to modifiy the "Eurodac" regulation - 30 May 2012
Third Annual Report of the European Commission on Immigration and Asylum - 30 May 2012
Publication of a European Parliament study: "Impact of the CJEU and ECHR jurisprudence in the field of asylum and immigration" - April 2012
Adoption of the provisional report of the Council of Europe Committee on Migration, Refugees and Displaced Persons of the Council of Europe : “Lives lost in the Mediterranean Sea: who is responsible?” - 29 March 2012
On March 29th 2012, the Committee on Migration, Refugees and Displaced Persons of the Council of Europe adopted the provisional version of its report “Lives lost in the Mediterranean Sea: who is responsible?”.
Press release of the European Ombudsman on how Frontex implements its fundamental rights obligations - 6 March 2012
The European Commission reasserts the need of an enhanced solidarity of EU members States in the field of asylum - 2 December 2011
Comparative report of FRA on the situation of migrants in an irregular situation in the European Union - 28 November 2011
On November 22nd 2011, the European Union Agency for Fundamental Rights (FRA) released its comparative report on the situation of irregular migrants in the European Union, entitled “Fundamental rights of migrants in an irregular situation in the European Union”.
EESC takes a step on migration policy - 16 June 2011
Irregularities in Greek -Turkish borders: the new report from FRA – 9 March 2011
New report on migrants’ detention - November 2010
FRA, the Fundamental Rights Agency, just issued a new report on migrants’ detention in return procedures that examines six principal questions : the grounds for detention; the principles of necessity and proportionality; maximum length of detention; procedural safeguards to prevent arbitrary detention; alternatives to detention; and detention of children.
Resolution of European Parliament on Libya - 17 June 2010
The Stockholm Programme - An open and secure Europe serving and protecting the citizens - 2 December 2009
Directive of the European Parliament and the Council providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals - April, 29th 2009
The directive aims at fighting illegal immigration by prohibiting the employment of illegally staying third-country nationals, laying down minimum common standards on sanctions and measures to be applied in the EU member states against employers who infringe that prohibition
Council directive on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment - March, 18th 2009
The directive establishes more attractive conditions for third-country workers to take up highly qualified employment in the member states of the Union, by creating a fast-track procedure for issuing a special residence and work permit called the "EU Blue Card".
Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third country nationals - December, 16th 2008
The purpose of the legislation is to lay down EU-wide rules and procedures on the return of irregular immigrants. It covers periods of custody as well as re-entry bans but also includes a number of legal safeguards. Member States will be banned from applying harsher rules to irregular l immigrants but allowed to keep or adopt more generous rules.
European Pact on immigration and asylum - December, 15th and 16th 2008
French President Nicolas Sarkozy has been calling for a European ’Pact on Immigration and Asylum’ ever since his election campaign in spring 2007. Indeed, migration was a priority of the French EU Presidency. The proposed pact seeks to integrate and complement the efforts made by the EU institutions to shape a common European approach to both legal and illegal migration.
Trends of regularisation of third country nationals in irregular situation of stay across the European Union - January 2008
This document has been written by the Libe Parliamentary commission. The number of immigrants settling illegally in Europe has increased largely. The European member states have developed different strategies of response. One is legalisation and regularisation politics. Between the European countries, the politics on regularisation varies widely. The documentation on „Trends on regularisation of third country nationals in irregular situation of stay across the EU“ is gathering together information and data on regularisation processes in Europe. Further, it presents available statistics and bibliography.
Gaubert’s report - November, 7th 2008
The report is about the proposal for a Council directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State
The conditions in centres for third country national (detention camps, open centres as well as transit centres and transit zones) with a particular focus on provisions and facilities for persons with special needs in the 25 EU member states - December 2007
This study was commissioned by the European Parliament Committee on Civil Liberties, Justice and Home Affairs. This work follows a number of visits by delegations from the LIBE committee to several European Union Member States. These missions resulted in the publishing of reports or resolutions. This study looks at conditions for migrants and asylum seekers in reception, detention or transit centres, and is based on field studies carried out in twenty-five European Union countries. It is the first study on the subject based on field studies throughout all European Union countries, i.e. twenty-five countries at the time the study was commissioned in December 2006.
The European laissez-passer - 23 March 2010
The AEDH has recently acquainted itself with a decision that has remained confidential since 1994: the Council recommendation on a standard travel document for the expulsion of third-country nationals.
The Council of Europe Commissioner for Human Rights has presented an issue paper on "the criminalisation of migration in Europe" - 4 February 2010
“Criminalising the irregular entry and presence of migrants in Europe corrodes established international law principles and causes many human tragedies without achieving its purpose of genuine control” said Thomas Hammarberg, the Council of Europe Commissioner for Human Rights.
Third Annual report from the European Commission on migration and integration - September, 11th 2007
The Annual Reports on Migration and Integration analyse changes and describe actions taken on the admission and integration of third-country nationals at EU and national level. They provide an overview of policy developments and contribute to strengthening integration measures and the promotion of policy initiatives for the more effective management of immigration in Europe.
European Platform for Migrant Workers’ Rights (EPMWR) - The rights of Migrant Workers in the European Union: Shadow Report - 2006
After consultations with its members, the European Platform for Migrant Workers’ Rights (EPMWR) decided to produced a first set of national reports, covering the rights of migrant workers in four EU Member States : Estonia, France, Ireland and the United Kingdom. The main aim of this publication is to assess the emerging Common European Migration Policy, with a special emphasis on labour migration and integration, both in terms of policies and legislation as well with respect to their actual implementation.
The Hague Program - November 4th and 5th 2004
The Hague Programme, adopted at the European Council of 4 and 5 November 2004, sets out ten priorities for the Union with a view to strengthening the area of freedom, security and justice in the next five years. An annex to the communication sets out specific measures and a timetable for their adoption.
Council Directive 2004/83/EC on minimum standards for the qualification and status of third-country nationals and stateless persons as refugees - April, 29th 2004
At the Tampere European Council in October 1999, the Member States undertook to set up a common European asylum system based on the full and inclusive application of the 1951 Geneva Convention relating to the Status of Refugees, as supplemented by the 1967 New York Protocol, to affirm the principle of non-refoulement and to ensure that nobody is sent back to persecution. Establishing such a system entails, in the short term, closer alignment of the rules on the recognition and content of refugee status.
Directive 2003/86/EC on the right to familly reunification - September, 22nd 2003
The aim of the Directive is to establish common rules of Community law relating to the right to family reunification of third country nationals residing lawfully on the territory of the Member States. At the moment this right is recognised only by international legal instruments, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. At national level the situation is very patchy. Family reunification protects the family and makes it easier to integrate nationals of non-member countries in the Member States. It should thus be a recognised right throughout the Union.
Dublin Regulation - February, 18th 2003
In accordance with the Dublin Regulation, Member States have to assess, on the basis of objective and hierarchical criteria, which Member State is responsible for examining an asylum application lodged on their territory.
Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers - January, 27th 2003
The Directive defines certain key terms such as Geneva Convention, applicant for asylum, family members, unaccompanied minor, reception conditions, detention. The directive will in principle apply only to applicants for asylum. But the competent authorities will presume that all applications for international protection are applications for asylum unless the applicant explicitly requests another form of protection.
Green paper on a community return policy on illegal residents - April, 10th 2002
At the Tampere European Council of December 1999, the Member States undertook to define a common immigration and asylum policy, subject to the adoption of a common legal framework and of a coordination method. Subsequently, at the Laeken European Council in December 2001, the Council was asked to present an action plan on the fight against illegal immigration, based on the Commission Communication of November 2001. The overall action plan was then adopted on 28 February 2002. The Commission is aware of the fact that the return policy is closely linked to the establishment of a common asylum and immigration policy. It would also emphasise the importance of considering the migration problem within the framework of the EU’s external relations.
Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons - July, 21st 2001
In the 1990s, the European Union witnessed an increased occurrence of mass influxes of displaced persons who cannot return to their country of origin. To respond to this development and avoid serious disruption to their asylum systems, most Member States established exceptional temporary protection schemes. The reasoning behind the need to have minimum standards at EU level on this issue is twofold. First, it would provide solidarity and burden sharing among Member States for receiving large number of people at one time. And second, it would reduce disparities between the policies of Member States on the reception and treatment of displaced persons. Legal basis for temporary protection is art.63.2.a & b TEC.
Handbook on procedures and criteria for determining refugee status under the 1951 convention and the 1967 protocol relating to the status of refugees
Refugee status, on the universal level, is governed by the 1951 Convention and the 1967 Protocol relating to the Status of Refugees. These two international legal instruments have been adopted within the framework of the United Nations. At the time of republishing this Handbook 110 states have become parties to the Convention or to the Protocol or to both instruments.
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