EU Immigration Policy: Legal Framework After Lisbon Treaty

Legal Framework of Immigration in the European Union

EU Policy

From the Treaty of Rome to the Treaty of Lisbon

The Treaty of Lisbon (in force since December 1, 2009) has significantly altered the legal framework for immigration within the European Union.

Article 2(C) establishes shared competence between the Union and the Member States within the area of freedom, security, and justice.

Article 5(b) states that in defining and implementing its policies and actions, "the Union shall aim to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation."

Article 62, paragraph 1 outlines that the Union shall develop a policy aimed at:

• a) Ensuring the total absence of controls on persons, whatever their nationality, when crossing internal borders;
• b) Carrying out checks on persons and effective surveillance at the crossing of external borders;
• c) Gradual introduction of an integrated management of external borders.

However, paragraph 4 clarifies that "this article does not affect the competence of Member States regarding the geographical demarcation of their borders."

Article 63 bis mandates the EU to develop a common immigration policy "aimed at ensuring, at all times, effective management of migration flows, fair treatment of third-country nationals residing legally in Member States, as well as prevention of illegal immigration and human trafficking and enhanced measures to combat" it.

The EU "may conclude agreements with third countries for the readmission to their countries of origin or provenance of third countries which do not or no longer fulfill the conditions for entry, presence or residence in the territory of a Member State."

The Treaty provides for coordinated actions of the European Parliament and Council to promote the integration of third-country nationals legally residing in Community territory. Such measures shall be carried out "excluding any harmonization of the laws and regulations of the Member States." States have the right to "determine volumes of admission to their territory of third-country nationals from third countries in order to seek paid employment or self-employment."

Changes Introduced by the Treaty of Lisbon

Before the Treaty of Lisbon, the regulation of legal immigration issues was to be adopted unanimously by the European Council after consultation with the Parliament.

With the new Treaty, the process will pass by way of decision-making through the ordinary legislative procedure by qualified majority and co-legislative powers of Parliament.

Immigration policy has an increasingly international dimension, even though compliance with national rules on setting the number of people who can enter the country or the community itself is maintained, as is the principle of Community preference for employment, which "awards priority over citizens of third countries."

Review by the Commission

By December 5, 2013, the Commission, after consultation with Member States and social partners at the Community level, was to review the application of this Directive in order to propose, if necessary, appropriate amendments.

Entry into Force

The Directive entered into force on the day of its publication in the Official Journal of the European Union (December 5, 2008).

Recipients

The recipients of the Directive are the Member States.