EU Immigration and Asylum Law Flashcards
(13 cards)
Main elements of Shengen System
Internal controls between MS abolished
External Border controls share common rules
Common short-term visas
Freedom to travel as non-eu or non-shengen nationals between Schengen states for 90/180 days
Schengen Information System Database
Legal Migration- Entry and Residence- Partial Harmonisation- What are the Directives and who do they apply to?
Blue Card Directive [2009], revised [2011]- intellectuals and highly skilled workers
Single Permit Directive [2011], revised [2024]
Seasonal Workers Directive [2014]- fruit picking
Intra-Corporate Transfer Directive [2014]- bring in workforce from company
Family Reunification Directive [2003]- much less lenient than free movement laws
Students and Researchers Directive [2016]-academics
Legal Migration- Long Term Residence
2003 Directive
Who is a Refugee, as per the Refugee Convention?
Article 1A.2- well founded fear of persecution for reasons of race, religion, membership of social group or political opinion; and outside of country of nationality, unable and unwilling to avail protection from own country
What is the principle of non-refoulement and where is it found?
A33- Refugee Convention- prohibits the return of refugees to countries where they would risk persecution
Return Directive- when is the new proposal?
March 2025
What is the Palestinian clause?
A1.D- Refugee Convention- shall not apply to persons who are receiving assistance from UN
Why is the Case C-621/21 relevant?
A judgment on women asylum seekers- victims of domestic violence
How did the CJEU reach the conclusion to give women suffering domestic violence refugee status?
Took into account UN convention on Discrim against women; Istanbul Convention on violence
Illegal Migration- Detention requires individual assestment
El Dridi
Asylum- Humanitarian exception should have been applied in case of raped girl
Case C-245/11 K
Why is Phase 3 long awaited- Asylum Pact?
near full harmonisation- to enter into force 2026
Issues with Returns Proposal 2025
Expanded legal basis for detention
Mutual recognition of return decisions- yet absent harmonisation for grounds of legal stay
measures restricting freedom of movement- not au fait with ECHR
coercion and restrictive measures- law making without evidence- dangerous precedent
