Mpeu - Iii

Saturday, 17 February 2024
Migration Policies of the European Union
Lecture III: Development of Migration & Asylum Policies of the

European Union
I. Introduction
EU law, national legislation, and International Refugee Law and International Human
Rights Law all a ect the individual and its legal rights and duties as a migrant. The
process of development of EU law has made an attempt to harmonise legislations in
order to produce a Common European Asylum System.
II. Legal context
A. Treaty of Maastricht (1992)
It was the rst time asylum and migration are brought within the EU institutional
framework, but only through non-binding resolutions.
B. Treaty of Amsterdam (1997)
Legally biding legislation with regards to asylum and migration

(“communitarisation”): art. 63 TEU (minimum standards on asylum and measures on
migration). They were adopted by unanimity of the Council of Ministers.
C. Conclusions of the European Council in Tampere (1999)
The European Council is determined to develop the Union as an area of freedom,

security and justice, it’s at the top of the political agenda.
European integration rooted in freedom based on human rights, democratic

institutions and rule of law, necessary for securing peace and developing prosperity.
Freedom of movement in conditions of security and justice accesible to all. They
aim for a safe-haven for refugees and immigrants, while acknowledging the need for
a consistent control of external borders to stop illegal immigration and international
crime. They are committed to the Geneva Refugee Convention, and on a common
approach.
A common EU asylum and migration policy: partnership with countries of origin, a

common European asylum system, fair treatment of third country nationals,
management of migration ows.
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Towards a Common European Asylum System (2000):
The European Union should examine the reasons behind refuge ows. When crises
nish, people should return to their countries or settle permanently in areas close to
it, or in remote countries. There is a need to harmonise Member States immigration
policies (e.g.: developing the concept of “safe country”). The EU should determine
who quali es for a rightful asylum seeker, fair examination processes, what states
are responsible for the examination of applications, common standards and
minimum conditions, more e ciency, measures against human tra cking.
D. Treaty of Lisbon (2007)
Moves away from minimum standards into a common policy on migration, and a
common policy on asylum, adopted by the Council and the Parliament. The system
is reformed, as new asylum instruments were adopted but migration instruments
remained primitive.
With it, the Charter of Fundamental Rights of the EU becomes legally binding.
E. Charter of Fundamental Rights of the EU (2000)
At all stages, all EU policies must comply with the Charter, as well as all internal
policies a ected by EU asylum and migration legislation, and external policies of the
EU and its MSs (when acting under EU law) in relation to third countries (e.g.:
readmission agreements, interception policies, etc.).
F. Art. 78(1)
“The Union shall develop a common policy on asylum, subsidiary protection and
temporary protection with a view to o ering appropriate status to any third-country
national requiring international protection and ensuring compliance with the
principle of non-refoulement. This policy must be in accordance with the Geneva
Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the
status of refugees, and other relevant treaties.”
G. Art. 79
“The Union shall develop a common immigration policy aimed at ensuring, at all
stages, the e cient management of migration ows, fair treatment of third-country
nationals residing legally in Member States, and the prevention of, and enhanced
measures to combat, illegal immigration and tra cking in human beings.”
III. Continuous reform

- 2016 European Commission proposals for a reform of the system (however,
negotiations were discontinued when the legislature ended in 2019);
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- Sep. 2020 European Commission proposes reform of the system (negotiations
initiated and ongoing;
- Sep. 2021 European Commission proposes New Pact on Migration and Asylum.
The European Council and the Parliament have the nal decision. Each institution
decides internally, and politically agreed instruments are shared with each other.
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Saturday, 17 February 2024

Migration Policies of the European Union

Lecture III: Development of Migration & Asylum Policies of the

II. Legal context

A. Treaty of Maastricht (1992)

B. Treaty of Amsterdam (1997)

Legally biding legislation with regards to asylum and migration

C. Conclusions of the European Council in Tampere (1999)

The European Council is determined to develop the Union as an area of freedom,

European integration rooted in freedom based on human rights, democratic

A common EU asylum and migration policy: partnership with countries of origin, a

D. Treaty of Lisbon (2007)

E. Charter of Fundamental Rights of the EU (2000)

III. Continuous reform

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