Useful texts | European Migration Law: policies and news in the field of asylum, immigration and free movement of people.

Useful texts

European union

Consolidated versions of the Treaty on European Union and of the Treaty on the Functioning of the European Union, together with the annexes and protocols thereto (Lisbon Treaty) (1.34 Mo)

Charter of fundamental rights of the European Union (Official Journal version 2010) (753.83 ko)

Strategic Guidelines on the Area of Freedom, Security and Justice adopted by the June 2014 European Council (OJEU version) (374.55 ko)

Council of Europe

European Convention on Human Rights (Council of Europe) (1.20 Mo)

United Nations

Geneva Convention and Protocol relating to the status of refugees (UNHCR) (476.01 ko)

International Covenant on Civil and Political Rights (europa.eu) (82.37 ko)

Convention on the Rights of the Child (ohchr.org) (112.42 ko)

UNHCR Global Report 2020 (16.65 Mo)

UNHCR - Global Trends 2020 (6.57 Mo)

Asylum

European Asylum Support Office (EASO): "Article 15(c) Qualification Directive 2011/95/EU - A Judicial Analysis" (1.69 Mo)

Asylum

Reception conditions of asylum seekers
- Council Directive 2003/9/EC reception conditions of asylum seekers
- Directive 2013/33/EU of 26 June 2013 laying down standards for the reception of applicants for international protection (RECAST)

Determination of the state responsible for examining an asylum application (“dublin“)
- Dublin Regulation
  - Council Regulation (EC) N° 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application
  - Regulation (EU) N° 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection (DUBLIN III recast)
- Implementing Regulation
  - Commission Regulation (EC) n°1560/2003 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 (Dublin II Regulation)
  - Commission Implementing Regulation (EU) N° 118/2014 amending Regulation (EC) N° 1560/2003 laying down detailed rules for the application of Council Regulation (EC) N° 343/2003 Dublin II
- Dublin and third countries
- Temporary derogation from Dublin rules: relocation of asylum seekers
  - Council Decision (EU) 2015/1523 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece
  - Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece

Comparison of fingerprints (“eurodac“)

Qualification of third country nationals as beneficiaries of international protection
- Council Directive 2004/83/EC on minimum standards for the qualification and status as refugees or as persons who otherwise need international protection - "Qualification Directive"
- Directive 2011/95/EU of 13 December 2011 standards for the qualification of persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection - "Qualification Directive II" (RECAST)

Procedures for granting and withdrawing refugee status
- Council Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status - "Procedures Directive"
- Directive 2013/32/EU on common procedures for granting and withdrawing international protection - "Procedures Directive" (RECAST)

Temporary protection
- Council Directive 2001/55/EC on minimum standards for giving temporary protection

European Asylum Support Office (easo)
- Regulation (EU) n° 439/2010 establishing a European Asylum Support Office

Immigration

Borders management
- Schengen Borders Code
  - Regulation (EU) 2016/399 of the European Parliament and the Council on the Schengen Borders Code (codification)
  - > Old texts
- European Border and Coast Guard/Frontex
  - Regulation (EU) 2019/1896 on the European Border and Coast Guard
  - Regulation (EU) No 656/2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by FRONTEX
  - > Former texts related to Frontex
- Schengen Evaluation
  - Regulation (EU) 2022/922 Schengen Evaluation Mechanism
  - Council Regulation (EU) N° 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism of the Schengen acquis
- Entry/Exit system
- Local border traffic at the external land borders
  - Regulation (EC) n° 1931/2006 rules on local border traffic
  - Regulation (EU) n° 1342/2011 amending regulation n° 1931/2006 and including Kaliningrad in the eligible border area
- Simplified regime for the control at external borders
  - Decision n° 895/2006/EC documents equivalent to visas for the purposes of transit
  - Decision n° 896/2006/EC recognition of residence permits issued by Switzerland and Liechtenstein
- EUROSUR system
  - Regulation (EU) N° 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur)
  - Commission Implementing Regulation of 9 April 2021 on the situational pictures of EUROSUR

Short term visas
- List of third countries whose nationals must be in possession of short term visas
  - Regulation (EU) 2018/1806 list of third countries whose nationals must be in possession of visas or exemped from visas requirement
  - Old texts
- Visa Code
- Visa information system
- Agreements on the facilitation of the issuance of visas
- European Travel Information and Authorisation System (ETIAS)
  - Regulation (EU) 2018/1240 establishing a European Travel Information and Authorisation System (ETIAS)

Admission and stay
- Students and pupils
  - Council Directive 2004/114/EC of 13 december 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
- Researchers
  - Council Recommendation of 12 October 2005 to facilitate the admission of third-country nationals to carry out scientific research in the European Community (2005/762/EC)
  - Council Directive 2005/71/EC specific procedure for admitting third-country nationals for the purposes of scientific research
- Research, studies, training, voluntary service, pupil exchange
  - Directive (EU) 2016/801 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast)
- Highly skilled workers/EU Blue Card
  - Council Directive 2009/50/EC "Blue Card"
  - Directive (EU) 2021/1883 of 20 October 2021 EU Blue Card
- Single permit
  - Directive 2011/98/EU "Single Permit" and common set of rights for workers
- Seasonal Workers
  - DIRECTIVE 2014/36/EU seasonal workers
- Intra Corporate Transfert
  - Directive 2014/66/EU intra-corporate transfer
- Family reunification
  - Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification
- Long term residents

Irregular migration
- Carriers sanctions
  - Directive 2001/51/EC Carriers sanctions
  - Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data
- Unauthorised entry, transit and residence
  - Council Directive 2002/90/EC defining facilitation of unauthorised entry, transit and residence
  - 2002/946/JHA strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence
- Victims of trafficking in human beings
  - Directive 2004/81/EC residence permit issued to third-country nationals who are victims of trafficking in human beings
  - Directive 2011/36/EU on preventing and combating trafficking in human beings
- Sanctions against employers of illegally staying third-country nationals
  - Directive 2009/52/EC minimum standards on sanctions and measures against employers of illegally staying third-country nationals

Return of third country nationals in an irregular situation
- European travel document for the return
  - Regulation 2016/1953 on the European travel document for the return
- Return Directive
  - Directive 2008/115/EC on common standards and procedures for returning illegally staying third-country nationals
- Mutual recognition of expulsion decisions
  - Council Directive 2001/40/EC Mutual recognition of decisions on the expulsion of third country nationals
  - Council Decision (2004/191/EC) setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC
- Assistance in cases of transit
  - Council Directive 2003/110/EC Assistance in cases of transit
- Joint flights for removal
  - Council Decision 2004/573/CE on the organisation of joint flights for removals
- Readmission agreements with third countries

Free movement of people

Free movement of EU citizens
- Directive 2004/38/EC on the right of free movement of EU citizens and their family members

Freedom of movement for workers
- Directive 2014/54/EU freedom of movement for workers

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