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Law Second Year > EU Law: Non-EU Nationals and the Refugee Crisis > Flashcards

EU Law: Non-EU Nationals and the Refugee Crisis Flashcards

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1
Q

What does AFSJ stand for?

A

Area of Freedom, Security and Justice

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2
Q

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

A

Immigration

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3
Q

What does the AFSJ indicate?

A

An amalgamation of justice and home affairs policies

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4
Q

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

A

EU political and economic community

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5
Q

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

A

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

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6
Q

Did pillar 3 encompass intergovernmental or supranational powers?

A

Intergovernmental

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7
Q

What Treaty included justice and home affairs in pillar 3?

A

Maastricht Treaty

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8
Q

What does Schengen indicate?

A

An area without internal borders

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9
Q

What is Schengen closely connected to?

A

Pillar 3 and the AFSJ

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10
Q

What does Schengen arise from?

A

A Convention

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11
Q

Who is NOT in Schengen from EU?

A

UK and Ireland

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12
Q

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

A

Lichtenstein

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13
Q

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

A

Lisbon

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14
Q

Why did Lisbon mainstream AFSJ into mainstream EU policies?

A

To do away with border control

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15
Q

Where are the main objectives of EU immigration policy found?

A

Articles 77 - 79 TFEU

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16
Q

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

A

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

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17
Q

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

A

Common asylum and vida policy

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18
Q

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

A

Economic policy to compensate for waging population

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19
Q

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

A

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

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20
Q

Why did Ireland not take part in Schengen?

A

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

21
Q

Can UK and Ireland choose to participate in Schengen instruments?

A

Yes

22
Q

What can stop UK and Ireland participating in Schengen?

A

Veto right of members of Schengen

23
Q

What has the UK always asked for in founding Treaties?

A

An ‘opt out’

24
Q

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

A

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

25
Q

Name three policy objectives which cause tension in EU law

A

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

26
Q

What has the refugee crisis caused Members to do?

A

Abandon open FM regime and return to checking their borders

27
Q

What is the main objective of EU asylum policy?

A

To harmonise asylum refugee law across the EU

28
Q

What idea is the EU asylum policy based on?

A

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

29
Q

Name the three core elements of EU asylum policy

A

International protection, 1951 Geneva Convention and the Dublin Regulations

30
Q

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

A

Pure and subsidiary refugees

31
Q

What are subsidiary refugees?

A

Those still in their origin, non-Member country

32
Q

What is the basis of the 1951 Geneva Convention?

A

Refugees should be protected

33
Q

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

A

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

34
Q

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

A

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

35
Q

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

A

Constitutional principles which affect their interpretation of the Directive

36
Q

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

A

Sweden

37
Q

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

A

20,000 in 5 years

38
Q

What does the Dublin Regulation determine?

A

State responsibility

39
Q

What is the main rule in the Dublin Regulation?

A

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

40
Q

What does the Dublin Reg mean in practice?

A

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

41
Q

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

A

Bad financial conditions

42
Q

NS v SoS for HD

A

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

43
Q

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

A

NS v SoS for HD

44
Q

Name two elements of the refugee crisis

A

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

45
Q

Name at leas two responses to the refugee crisis

A

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

46
Q

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

A

Executive federalism

47
Q

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

A

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

48
Q

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

A

Turkey

Law Second Year (62 decks)

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