1. The migration policy of the EU: The Visa Code and the EU Directive on residence, family reunification, long-term resident national card) Flashcards
What does the Treaty of Maastricht say?
(1993) It created the European citizenship while at the same time created the third pillar of the EU on the cooperation in internal and judicial affairs.
What did the Treaty of Amsterdam establish?
The Treaty of Amsterdam (1999) established the Area of Freedom, Security and Justice (AFSJ) and created the “homo civitatis” to accompany “homo economicus”. No internal frontiers and freedom of movement.
What does the area of security ensure?
The Area of Security in the EU is based on the notion of a high level of citizen security that includes:
- The establishment of measures of prevention and tackling of serious criminal activity with cross-border dimensions
- The prevention and tackling of racism and xenophobia
- The coordination and cooperation between police and judicial forces
- The mutual recognition of judicial decisions in criminal cases between member-states and
- The approach of criminal legislation
What does the area of justice include?
The Area of Justice is all about:
- an improved access to justice in civil and commercial cases with cross-border dimensions
- the mutual recognition of judicial and extra judicial cases
- the prevention and settlement of cases of conflict between member state jurisdiction
- the cooperation in serious criminal cases that include crimes such as trafficking of persons, terrorism and drug trafficking
What does the Schengen area rules include?
The ‘Schengen Borders Code’ sets out, among other things, rules on:
- crossing the EU’s external borders; and
- the absence of border controls at internal borders.
What are the types of the Schengen Visa?
- Short term
- Long term
- Student visa
- Researcher visa
- Multiple entry
What is a short stay Visa?
90 days in the period of 180 days
What does a non-EU citizen need to have for short term visas?
- a valid travel document;
- a valid visa, if required;
- justify the purpose of his/her intended stay and have sufficient means of subsistence;
- not have an alert issued for him/her in the SIS for the purpose of refusing entry;
- not be considered a threat to public policy, internal security, public health or the international relations of EU countries.
How do long term permits work?
Since 2006 the status is granted to third-country nationals who have resided legally and continuously within its territory for five years prior to the submission of the application.
Why do long term residents may lose their status?
- acquired it by fraud;
- are issued with an expulsion order because they are considered a serious threat to public policy or security; or
- leave the EU for 12 consecutive months.
Who are the stateless persons?
- The ones coming from states that are not recognized (e.g. Palestine);
- The ones coming from states that have been dissolved (e.g. Yoglavia).
When does Turkey apply the Geneva Convention (1951)?
Only to persons that flee from events occuring in Europe.