EU Law: Non-EU Nationals and the Refugee Crisis

Question 1

What does AFSJ stand for?

Answer 1

Area of Freedom, Security and Justice

Question 2

What other category is included in AFSJ, other than as hinted by the acronym?

Answer 2

Immigration

Question 3

What does the AFSJ indicate?

Answer 3

An amalgamation of justice and home affairs policies

Question 4

What kind of community did the Maastricht Treaty intend to create?

Answer 4

EU political and economic community

Question 5

Why did Maastricht include justice and home affairs in pillar 3?

Answer 5

To attempt to do more in justice, immigration and areas of conflict of law intergovernmentally

Question 6

Did pillar 3 encompass intergovernmental or supranational powers?

Answer 6

Intergovernmental

Question 7

What Treaty included justice and home affairs in pillar 3?

Answer 7

Maastricht Treaty

Question 8

What does Schengen indicate?

Answer 8

An area without internal borders

Question 9

What is Schengen closely connected to?

Answer 9

Pillar 3 and the AFSJ

Question 10

What does Schengen arise from?

Answer 10

A Convention

Question 11

Who is NOT in Schengen from EU?

Answer 11

UK and Ireland

Question 12

What is an example of a non-EU Member in Schengen?

Answer 12

Lichtenstein

Question 13

What Treaty finalised the incorporation of the AFSJ into the ‘mainstream’ of EU policies?

Answer 13

Lisbon

Question 14

Why did Lisbon mainstream AFSJ into mainstream EU policies?

Answer 14

To do away with border control

Question 15

Where are the main objectives of EU immigration policy found?

Answer 15

Articles 77 - 79 TFEU

Question 16

Gives some examples of the main objectives set out in Articles 77 - 79 TFEU

Answer 16

No intra-EU controls, management of external borders, common asylum and visa policy, management of migration flows, treatment of non-EU nationals legally resident in a Member and fighting illegal immigration

Question 17

What common policies are an objective in Articles 77 - 79 TFEU?

Answer 17

Common asylum and vida policy

Question 18

What policy is management of migration flows part of in Articles 77 - 79 TFEU?

Answer 18

Economic policy to compensate for waging population

Question 19

To what level do Articles 77 - 79 TFEU envisage management of external borders?

Answer 19

Equal level with goods, with strong external borders due to customs duties and need for equivalence

Question 20

Why did Ireland not take part in Schengen?

Answer 20

UK required Ireland to not take part or break common travel area between the two countries.

Question 21

Can UK and Ireland choose to participate in Schengen instruments?

Answer 21

Yes

Question 22

What can stop UK and Ireland participating in Schengen?

Answer 22

Veto right of members of Schengen

Question 23

What has the UK always asked for in founding Treaties?

Answer 23

An ‘opt out’

Question 24

What does an ‘opt out’ allow the UK to do in the AFSJ?

Answer 24

Say if they wish to be a part of any new instruments created therin

Question 25

Name three policy objectives which cause tension in EU law

Answer 25

Immigration policy, national security, sovereignty, drive for solidarity and humanitarian issues

Question 26

What has the refugee crisis caused Members to do?

Answer 26

Abandon open FM regime and return to checking their borders

Question 27

What is the main objective of EU asylum policy?

Answer 27

To harmonise asylum refugee law across the EU

Question 28

What idea is the EU asylum policy based on?

Answer 28

We can achieve everything through rules - no agency, no federation needed etc.

Question 29

Name the three core elements of EU asylum policy

Answer 29

International protection, 1951 Geneva Convention and the Dublin Regulations

Question 30

What are the two categories of international protection projected by EU asylum policy?

Answer 30

Pure and subsidiary refugees

Question 31

What are subsidiary refugees?

Answer 31

Those still in their origin, non-Member country

Question 32

What is the basis of the 1951 Geneva Convention?

Answer 32

Refugees should be protected

Question 33

How does the EU base its asylum policy on the Geneva Convention?

Answer 33

Directive with detailed rules so every Member should have the same outcome

Question 34

What shows that the detailed Directive, supposedly based on Geneva Convention, does not have the same outcome upon application in every Members?

Answer 34

1 million out of 1.5 million refugees went to Germany last year

Question 35

Why are Germany more liberal on application of EU Directive for asylum policy?

Answer 35

Constitutional principles which affect their interpretation of the Directive

Question 36

Where other than Germany can a liberal approach to asylum be seen?

Answer 36

Sweden

Question 37

What number of Syrian refugees has the UK committed to, and over how many years?

Answer 37

20,000 in 5 years

Question 38

What does the Dublin Regulation determine?

Answer 38

State responsibility

Question 39

What is the main rule in the Dublin Regulation?

Answer 39

Asylum claims should be decided by State in which the person first entered the EU

Question 40

What does the Dublin Reg mean in practice?

Answer 40

Greece and Italy receive the vast majority of claims, because of migration from Africa

Question 41

What makes it even more concerning that Greece and Italy, due to Dublin Reg, receive the vast majority of asylum claims?

Answer 41

Bad financial conditions

Question 42

NS v SoS for HD

Answer 42

UK forced return of refugees to state of first entry counted as inhumane and degrading treatment due to systemic deficiencies in the primary first entry State

Question 43

What case shows the Dublin Regulations weaknesses in practice - systemic deficiencies?

Answer 43

NS v SoS for HD

Question 44

Name two elements of the refugee crisis

Answer 44

Pressure on States of first entry and unequal implementation of common rules

Question 45

Name at leas two responses to the refugee crisis

Answer 45

Attempts to manage reception in first entry hot-spots, strengthening EU's external borders, cooperation with non-EU countries and consideration of ending executive federalism in this area

Question 46

What is the name given to the type of organisation seen in the area of asylum policy?

Answer 46

Executive federalism

Question 47

Why does executive federalism just not work in the area of asylum policy?

Answer 47

No common institution to deal with asylum claims anywhere in the EU, and unequal implementation of common rules

Question 48

What country in particular have the EU started to cooperate with to respond to refugee crisis?

Answer 48

Turkey