EU Law: Non-EU Nationals and the Refugee Crisis Flashcards
What does AFSJ stand for?
Area of Freedom, Security and Justice
What other category is included in AFSJ, other than as hinted by the acronym?
Immigration
What does the AFSJ indicate?
An amalgamation of justice and home affairs policies
What kind of community did the Maastricht Treaty intend to create?
EU political and economic community
Why did Maastricht include justice and home affairs in pillar 3?
To attempt to do more in justice, immigration and areas of conflict of law intergovernmentally
Did pillar 3 encompass intergovernmental or supranational powers?
Intergovernmental
What Treaty included justice and home affairs in pillar 3?
Maastricht Treaty
What does Schengen indicate?
An area without internal borders
What is Schengen closely connected to?
Pillar 3 and the AFSJ
What does Schengen arise from?
A Convention
Who is NOT in Schengen from EU?
UK and Ireland
What is an example of a non-EU Member in Schengen?
Lichtenstein
What Treaty finalised the incorporation of the AFSJ into the ‘mainstream’ of EU policies?
Lisbon
Why did Lisbon mainstream AFSJ into mainstream EU policies?
To do away with border control
Where are the main objectives of EU immigration policy found?
Articles 77 - 79 TFEU
Gives some examples of the main objectives set out in Articles 77 - 79 TFEU
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
What common policies are an objective in Articles 77 - 79 TFEU?
Common asylum and vida policy
What policy is management of migration flows part of in Articles 77 - 79 TFEU?
Economic policy to compensate for waging population
To what level do Articles 77 - 79 TFEU envisage management of external borders?
Equal level with goods, with strong external borders due to customs duties and need for equivalence
Why did Ireland not take part in Schengen?
UK required Ireland to not take part or break common travel area between the two countries.
Can UK and Ireland choose to participate in Schengen instruments?
Yes
What can stop UK and Ireland participating in Schengen?
Veto right of members of Schengen
What has the UK always asked for in founding Treaties?
An ‘opt out’
What does an ‘opt out’ allow the UK to do in the AFSJ?
Say if they wish to be a part of any new instruments created therin
Name three policy objectives which cause tension in EU law
Immigration policy, national security, sovereignty, drive for solidarity and humanitarian issues
What has the refugee crisis caused Members to do?
Abandon open FM regime and return to checking their borders
What is the main objective of EU asylum policy?
To harmonise asylum refugee law across the EU
What idea is the EU asylum policy based on?
We can achieve everything through rules - no agency, no federation needed etc.
Name the three core elements of EU asylum policy
International protection, 1951 Geneva Convention and the Dublin Regulations
What are the two categories of international protection projected by EU asylum policy?
Pure and subsidiary refugees
What are subsidiary refugees?
Those still in their origin, non-Member country
What is the basis of the 1951 Geneva Convention?
Refugees should be protected
How does the EU base its asylum policy on the Geneva Convention?
Directive with detailed rules so every Member should have the same outcome
What shows that the detailed Directive, supposedly based on Geneva Convention, does not have the same outcome upon application in every Members?
1 million out of 1.5 million refugees went to Germany last year
Why are Germany more liberal on application of EU Directive for asylum policy?
Constitutional principles which affect their interpretation of the Directive
Where other than Germany can a liberal approach to asylum be seen?
Sweden
What number of Syrian refugees has the UK committed to, and over how many years?
20,000 in 5 years
What does the Dublin Regulation determine?
State responsibility
What is the main rule in the Dublin Regulation?
Asylum claims should be decided by State in which the person first entered the EU
What does the Dublin Reg mean in practice?
Greece and Italy receive the vast majority of claims, because of migration from Africa
What makes it even more concerning that Greece and Italy, due to Dublin Reg, receive the vast majority of asylum claims?
Bad financial conditions
NS v SoS for HD
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
What case shows the Dublin Regulations weaknesses in practice - systemic deficiencies?
NS v SoS for HD
Name two elements of the refugee crisis
Pressure on States of first entry and unequal implementation of common rules
Name at leas two responses to the refugee crisis
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
What is the name given to the type of organisation seen in the area of asylum policy?
Executive federalism
Why does executive federalism just not work in the area of asylum policy?
No common institution to deal with asylum claims anywhere in the EU, and unequal implementation of common rules
What country in particular have the EU started to cooperate with to respond to refugee crisis?
Turkey
