This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

The 'Europeanisation' of the fight against crime is a broad and much-contested notion. This in-depth analysis of the role of the EU in fighting crime within the area of freedom, security and justice explores the impact of EU policies in the Member States, the progressive convergence of Member States' criminal law systems, the emergence of mutual recognition as an alternative to harmonization, and the incremental development of the ECJ's jurisdiction. The essays also explore the limitations inherent in EU counter-crime policies and the changes brought about by the introduction of the Treaty of Lisbon. These changes are discussed both collectively and within individual substantive areas in which the EU has taken an active role in fighting crime, such as corruption, money laundering, terrorism, organised crime and extradition.

This book examines the evolution towards increased supranational governance in the EU’s Area of Freedom, Security and Justice (AFSJ). At the end of 2009, a successor programme to the Tampere and Hague Programmes was developed under the Swedish Presidency. Called the ‘Stockholm Programme’, it was adopted at a special EU Council Summit on 10-11 December 2009. The new agenda covers the period 2010-2014 and emphasises six areas of priority. In the context of these priorities, as well as the innovations introduced by the Lisbon Treaty, this edited book analyses policy change in the AFSJ, especially as it has been affected by the rise of supranational governance in this domain. From police cooperation and crime fighting to border management and counter-terrorism, much has changed, and the EU has taken yet another step forward in the direction of supranational governance. However, the various contributions also highlight that there are still problems and challenges remaining for the AFSJ. Collectively, this book considers how consequential the Lisbon Treaty has been for the AFSJ, as well as how successful the EU has been in achieving its stated goals as expressed in the Stockholm Programme. Thus, this book makes a significant contribution to the scholarly investigation of the AFSJ, but also to the study of European integration in general. This book was published as a special issue of the Cambridge Review of International Affairs.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the rules on immigration and right of residence of non-nationals in Slovenia examines the legal and administrative conditions for persons not having the citizenship of a State to enter the country and to stay and reside there. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. It follows the common structure of all monographs appearing in the International Encyclopaedia for Migration Law, thus allowing easy comparison between the country studies. As migration and economic activities are often interlinked, the analysis pays particular attention to labour market access and regulation of self-employed activities for non-nationals. The book describes the status of such specific categories of persons as students, researchers, temporary workers, and asylum seekers, as well as the position of family members, detailing applicable legislation and providing practical information on administrative procedures, sanctions, and legal remedies and guarantees. The impact of international human rights law and various bilateral and multilateral agreements is considered, along with the broader application of national and local law to non-citizens in such areas as family relations, labour, social security, and education. Lawyers, scholars, practitioners, policymakers, government administrations, and non-governmental organizations involved in the development, practice and study of migration law will find this book indispensable. It will be welcomed by lawyers representing parties with interests in Slovenia and immigration specialists in both public and private organizations. Academics and researchers also will appreciate its value in the study of comparative trends and harmonization initiatives affecting migrants.

This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

The European Union is constantly changing, both in the number of countries it embraces and in policy areas where it plays a major role. The new millennium has witnessed two major changes in the EU's scope. On 1 May 2004, it enlarged to include ten new member states; and the new European Constitution defines providing citizens with an 'area of freedom, security and justice' as one of its primary aims. This book is unique in analyzing the interplay of the two spheres.

The coming into force of the Lisbon Treaty has provided the EU with new powers in the fields of criminal law and security law while reinforcing existing powers in immigration and asylum law. The Stockholm Programme is the latest framework for EU action in the field of justice and home affairs. It includes a range of new legislation in the fields of immigration and asylum, substantive criminal law, criminal procedure and co-operation between national criminal justice systems. The combination of the new treaty and programme have made security and justice key areas of legislative growth in the EU. This volume brings together a range of leading scholars, as well as some of the most interesting new voices in the debate, to examine the state of EU security and justice law after the Lisbon Treaty and the Stockholm Programme. It provides a critical examination of EU law in the fields of immigration, asylum, counter-terrorism, citizenship, fundamental rights and external relations. The book also examines the evolving roles of the EU institutions and criminal justice agencies. It provides a critical account of EU law in this field under the developing constitutional and institutional settlement.

This book analyses the extent and the modalities of the securitization of asylum-seekers and refugees in the EU. It argues that the development of the EU asylum policy, far from 'securitizing' asylum-seekers and refugees, has led to the strengthening and codification of several rights for these two categories of persons. However, the securitization of terrorism and the links that have been constructed between asylum, irregular migration and terrorism in the wake of the various terrorist attacks that have taken place in Europe in the last few years have had a significant impact on the ability of asylum-seekers to gain access to asylum systems in the EU. From a theoretical point of view, the book develops an original analytical framework that draws upon and further develops security studies – more precisely securitization theory – by connecting it to the literature on policy venues and venue-shopping. It therefore makes a significant contribution to the debates on both securitization and migration. Empirically examining the entire development of the EU’s policy towards asylum-seekers and refugees, from its origins in 1993, this book will be of great interest to students of European and EU politics, refugees, migration, security, terrorism and counter-terrorism, security studies and International Relations.

This book studies the normative intersection between integration, immigration and nationality in the European Union (EU). It examines the relationship between integration and the legal frameworks of admission, stay and access to nationality by third country nationals at national and European levels. Integration is being subject to multifaceted processes transforming its traditional policy and legal settings, as well as its classical theoretical premises and approaches. The Europeanisation of immigration policy has provoked the emergence of distinctive European approaches on integration. The legal elements of integration are being developed through two parallel settings: the EU Framework on Integration and European immigration law. These venues constitute two of the main pillars upon which the common EU immigration policy is being constructed, and their nexus raises several elements in need of reflection and study. This book examines the processes through which integration becomes a norm in nationality and immigration law and policy at the national and EU levels, and the implications of these processes for the legal status of third country nationals and the overall coherency of the common EU immigration policy.

The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty. This revised paperback edition includes a new chapter detailing the political reform process leading to the proposed Fiscal Union Treaty, and its potential legal implications.