THE IMPACT OF THE LISBON TREATY ON THE DEVELOPMENT OF EU IMMIGRATION LEGISLATION

Although the status of the Lisbon Treaty is still pending, the possible impact that it can have on the EU’s immigration legislation is worth analysing and discussing. The importance of immigration, asylum and border control is evident in the fact that the topic is presented as early as in Article 3 of Title I of the Common Provisions of the Lisbon Treaty. It states that the Union ‘shall offer its citizens an area of freedom, security and justice’. The common area is supposed to exist without internal frontiers where the free movement of persons is ensured. In order to provide for these rights, measures should be taken in the field of border control, asylum, immigration and the prevention and combating of crime, as immigration raises problems in all these fields. The internal market is mentioned only after the issues of migration. The aim of this paper is to discuss whether or not these changes and the Lisbon Treaty can lead to the better management of immigration at the EU level and to see where Europe is heading in this regard. Competences, legislation making, and objectives are discussed in order to find answers to questions about the development of common EU immigration legislation

Zarządzanie migracją w Stanach Zjednoczonych i w Unii Europejskiej – utrzymanie bezpieczeństwa

The article reflexes the nexus between security and migration management. Immigration is often seen as threat to national security but in case of refugees they are the victims of the instability and lack of protection of their human rights. The article aims to analyse how the human security concept is discussed in EU policies and how it has been implemented to tackle the migration crisis. The approach of the USA to migration and security will be used for the comparative analysis. The article discusses the historical and legal developments of migration management and the effects and problematics in the open world. Since the EU and the USA are the world big players, they should stay the leaders in promoting human rights and security. The way to do it is to introduce homogeneous policies in terms of migration management.W artykule opisany został związek między bezpieczeństwem a zarządzaniem migracją. Celem jest analiza sposobów omawiania koncepcji bezpieczeństwa człowieka w politykach unijnych oraz tego, jak jest ona wdrażana w obliczu kryzysu migracyjnego. Do analizy porównawczej wykorzystano podejście Stanów Zjednoczonych do migracji i bezpieczeństwa. Ponadto omówiono historyczne i prawne uwarunkowania zarządzania migracją oraz ich skutki. Ponieważ Unia Europejska i Stany Zjednoczone są największymi graczami na świecie, powinny pozostać liderami w promowaniu praw człowieka i bezpieczeństwa. Sposobem na to jest wprowadzenie jednolitych polityk w zakresie zarządzania migracją

Immigration to the European Union : the EU, Estonia and Malta providing access for third country nationals to the EU

Defense date: 6 December 2010Examining Board: Marise CREMONA (Supervisor, EUI) Bruno DE WITTE (EUI) Kees GROENENDIJK (Radboud University, Nijmegen) Jens VEDSTED-HANSEN (University of Aarhus)For some time now, the EU has been regulating the field of immigration. Several years ago, immigration control was considered a pure sovereign right and it was the obligation of the state to protect its borders from unwanted immigrants. Therefore, it is interesting to show how the step by step development of European immigration control has led to common EU immigration and asylum legislation. This thesis looks at the different access possibilities for third country nationals entering the EU. It considers the different ways people immigrate to Europe, both legally and illegally. The access possibilities for family reunification, students, researchers and workers are examined. Applying for asylum is one way third country nationals can access EU member states, and will be discussed throughout the thesis. This study examines how EU immigration law is applied in two small EU Member States that joined the EU in 2004, Estonia and Malta. The aim is to evaluate whether the access of third country nationals to Europe through these member states has been simplified since joining the EU. Are the rules of access to the EU clear? What kind of problems has the implementation of EU law created for small new member states? In the course of this research, it will be analysed whether EU law has clarified the position of third country nationals as regards access to the EU or whether EU law has created problems for small EU member states. As a result of the findings, it is argued that third country nationals can access the EU in a variety of ways, which are only partly regulated at the EU level. The member states still have a large amount of discretion in deciding to whom they can grant access. EU law, which aims to clarify the position of third country nationals, has maintained and even increased the broad categorization of immigrants. In Malta, the application of EU law has brought about more difficulties than were foreseen but ignored as the desire to achieve EU membership took precedence. In the case of Estonia, the application of EU rules has expanded access to some migrants, as new forms of international protection have been introduced

The New EURODAC Regulation: Fingerprints as a Source of Informal Discrimination

The EURODAC Regulation establishes the database of the fingerprints of asylum seekers. In 2015, the new EURODAC Regulation came in force and some basic concepts that were not in the previous regulation have been changed. The article analyzes the responses to the new EURODAC Regulation from UNHCR and the Commission and the threats that this new regulation is creating. This article aims to find out whether the changes introduced in the new EURODAC will bring potential discrimination concerns and whether asylum seekers are treated as potential criminals and therefore causing stigmatization of those groups of people in society. The article gives an overview of the EURODAC database, fingerprinting and biometric systems, and comparison of old and new EURODAC regulation. The full assessment of the application of the regulation can be done after it has been in force for some tim

E-citizenship opportunities in the changing technological environment

This chapter analyses the change that info technology has and will make to the concept of citizenship. E-citizenship can create new statuses, rights or privileges that we have not had before. Nevertheless, all this creates several challenges to be resolved: security and surveillance issues, residence and rights, tax collection and many more. The article first explains the concepts of citizenship that might be under further pressure to be changed, the rethinking of rights and duties of the e-citizens and also the identity of the e-citizens. It also explains the benefits of this new type of citizenship that is emerging and developing. Finally, it is also shortly explained how Estonian e-residency can be used as a model to create the European e-citizenship model