Yury Yumashev

Migration policy in EU and Third Country Nationals

2011. No. 1. P. 100–111 [issue contents]

Yumashev Yuriy - Professor, Department of International Law, Law Faculty, National Research University Higher School of Economics. Doctor of juridical Sciences. E-mail: mejpravo@hse.ru
Address: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.

The subject matter of the article is the EU immigration policy applied to third country nationals (TCN). The main aspects of the policy are considered: humanitarian policy, national security policy, and various legal tools of its implementation. In particular the author considers the Geneva Convention, 1951 and the New York Protocol, 1967 relating to the status of refugees, the clauses of the Treaty on the Functioning of the EU regulating «area of freedom, security and justice» (title V), Schengen Conventions, 1985, 1990, related acts of the EU secondary law. The article describes specific features of the modern EU visa regime, measures to protect refugees including the implementation of right to political asylum, forming the policy as to third party countries migrants. As to the humanitarian aspect of the EU immigration policy, its moral essence – the respect for human dignity is emphasized. The article shows that the reunification of family members into local communities is an integral part. The means of integration are represented with examinations (tests) in the state language, history and culture of the country. Protective measures practiced by EU institutions aim against illegal migrants. The major burden of the policy is on member states but not the EU. However, as the number of illegal migrants increases, counter measures at the level of the Union are taken. In particular, Europol has been transformed from international organization into one of the EU agencies…which implies relevant results. The author concludes that the EU in its humanitarian activity relying on the international law norms acts more efficiently than in its protective activity and the institutions of the latter should rely on criminal, administrative and civil law. However, these institutions are at the initial stage. The task of establishing an adequate legal financial or institutional mechanism of regulating immigration streams has not found a proper solution.

Citation: Yumashev Mihajlovich Yury (2011) Migratcionnaia politika Evropeiskogo soiuza i grazhdane tret'ikh stran [Migration policy in EU and Third Country Nationals] Pravo. Zhurnal Vysshei shkoly ekonomiki, 1, pp. 100-111 (in Russian)
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