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MOSCOW, NOVEMBER 2007 ASYLUM AND IMMIGRATION LAW AND POLICY OF THE EU

MOSCOW, NOVEMBER 2007 ASYLUM AND IMMIGRATION LAW AND POLICY OF THE EU. PROF DR JAAP W. DE ZWAAN DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW THE NETHERLANDS. COMPONENTS OF JHA (THE AREA OF FREEDOM, SECURITY AND JUSTICE). INTERNAL MARKET

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MOSCOW, NOVEMBER 2007 ASYLUM AND IMMIGRATION LAW AND POLICY OF THE EU

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  1. MOSCOW, NOVEMBER 2007ASYLUM AND IMMIGRATION LAW AND POLICY OF THE EU PROF DR JAAP W. DE ZWAAN DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW THE NETHERLANDS

  2. COMPONENTS OF JHA (THE AREA OF FREEDOM, SECURITY AND JUSTICE) • INTERNAL MARKET • FREE MOVEMENT OF GOODS, PERSONS, SERVICES AND CAPITAL • TITLE IV EC • ALIENS POLICY • TITLE VI EU • POLICE AND CRIMINAL LAW COOPERATION

  3. ASYLUM • GENEVA CONVENTION UN 1951 • SCHENGEN IMPLEMENTING CONVENTION 1990 • RESPONSIBLE STATE • DUBLIN CONVENTION 1990 • RESPONSIBLE STATE • TREATY OF MAASTRICHT 1991 • THIRD PILLAR • TREATY OF AMSTERDAM 1997 • THE AREA OF FREEDOM, SECURITY AND JUSTICE • ‘COMMUNAUTARIZATION’ • REFORM TREATY

  4. IMMIGRATION • SCHENGEN IMPLEMENTING CONVENTION 1990 • VISA POLICY • DUBLIN CONVENTION 1990 • RESPONSIBLE STATE • TREATY OF MAASTRICHT 1991 • THIRD PILLAR • TREATY OF AMSTERDAM 1997 • THE AREA OF FREEDOM, SECURITY AND JUSTICE • ‘COMMUNAUTARIZATION’ • REFORM TREATY

  5. TITLE IV EC TREATY • AREA OF FREEDOM, SECURITY AND JUSTICE • PROGRAM FOR 5 YEARS • ‘MINIMUM’ PROVISIONS • EUROPEAN COUNCIL • TAMPERE CONCLUSIONS 1999 • THE HAGUE PROGRAM 2004 • COMMUNICATIONS COMMISSION

  6. REGIONAL SCOPE • EXCEPTIONS (‘OPT OUT’) • UNITED KINGDOM • IRELAND • DENMARK • DO PARTICIPATE • NORWAY • ICELAND • SWITZERLAND

  7. ASYLUM: ARTICLE 63 (1) AND (2) EC • PARAGRAPH 1 • REPONSIBLE MEMBER STATE • RECEPTION • DEFINITION OF ‘REFUGEE’ • PROCEDURES • PARAGRAPH 2 • TEMPORARY PROTECTION • ‘BURDENSHARING’

  8. ASYLUM: ARTICLE 63 (1) EC • REPONSIBLE MEMBER STATE • REGULATION 343/2003 • REGULATION 2725/2000 (EURODAC) • RECEPTION • DIRECTIVE 2003/9 • DEFINITION OF ‘REFUGEE’ • DIRECTIVE 2004/83, INCLUDING ‘SUBSIDIARY’ PROTECTION • PROCEDURES • DIRECTIVE 2005/85

  9. ASYLUM: ARTICLE 63 (2) EC • TEMPORARY PROTECTION • DIRECTIVE 2001/55 • ‘BURDENSHARING’ • SO FAR TWO DECISIONS

  10. ASYLUM: THE HAGUE PROGRAM • 2005-2010 • COMMON ASYLUM STATUS • EXTERNAL DIMENSION • COOPERATION WITH THIRD COUNTRIES • ‘EXTERNAL PROCESSING’ (PROPOSAL BLAIR, PILOT PROJECTS) • RELATIONSHIP WITH CFSP (FOREIGN AND SECURITY POLICY)

  11. IMMIGRATION: ARTICLE 63 (3) AND (4) EC • PARAGRAPH 3 • CONDITIONS OF ENTRY AND RESIDENCE • COMBAT OF ILLEGAL IMMIGRATION • PARAGRAPH 4 • RESIDENCE IN OTHER MEMBER STATES

  12. IMMIGRATION: ARTICLE 63 (3) EC • CONDITIONS OF ENTRY AND RESIDENCE • DIRECTIVE 2003/86 (FAMILY REUNIFICATION) • DIRECTIVE 2003/109 (LONG TERM RESIDENTS) • COMBAT OF ILLEGAL IMMIGRATION • GENERAL PROGRAM OF FEBRUARY 2002, INCLUDING COMBAT OF HUMAN TRAFICKING

  13. IMMIGRATION: ARTICLE 63 (4) EC • RESIDENCE IN OTHER MEMBER STATES • DIRECTIVE 2003/109 (LONG TERM RESIDENTS)

  14. IMMIGRATION: THE HAGUE PROGRAM • 2005-2010 • LEGAL MIGRATION • ‘LISBON’ AGENDA • EXTERNAL DIMENSION • COOPERATION WITH THIRD COUNTRIES • REPATRIATION AND READMITTANCE • RELATIONSHIP WITH CFSP (COMMON FOREIGN AND SECURITY POLICY) • INTEGRATION

  15. DECISION MAKING • ARTICLE 67 EC AND COUNCIL DECISION OF 22 DECEMBER 2004 • COMMISSION • EXCLUSIVE RIGHT OF INITIATIVE • COUNCIL • QMV (QUALIFIED MAJORITY VOTING) • EXCEPTIONS: ART 63 (3a) AND (4) • EUROPEAN PARLIAMENT • CO-DECISION • EXCEPTIONS: ART 63 (3a) AND (4)

  16. ROLE COURT OF JUSTICE • ARTICLE 68 EC • LIMITED JURISDICTION AS TO PRELIMINARY RULINGS PROCEDURE • FOR THE REST: ORDINARY MECHANISMS OF JUDICIAL PROTECTION • DIRECT APPEALS PROCEDURE • INFRINGEMENT PROCEDURE

  17. ASYLUM AND IMMIGRATION • FIRST STEP • TREATY OF AMSTERDAM • PROGRAM TITLE IV EC • CONCLUSIONS TAMPERE 1999-2004 • SEOND STEP • THE HAGUE PROGRAM 2005-2010 • COMMON ASYLUM STATUS • LEGAL MIGRATION • INTEGRATION • THIRD STEP • REFORM TREATY

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