EU Law: Non-EU Nationals and the Refugee Crisis Flashcards Preview

Law Second Year > EU Law: Non-EU Nationals and the Refugee Crisis > Flashcards

Flashcards in EU Law: Non-EU Nationals and the Refugee Crisis Deck (48):
1

What does AFSJ stand for?

Area of Freedom, Security and Justice

2

What other category is included in AFSJ, other than as hinted by the acronym?

Immigration

3

What does the AFSJ indicate?

An amalgamation of justice and home affairs policies

4

What kind of community did the Maastricht Treaty intend to create?

EU political and economic community

5

Why did Maastricht include justice and home affairs in pillar 3?

To attempt to do more in justice, immigration and areas of conflict of law intergovernmentally

6

Did pillar 3 encompass intergovernmental or supranational powers?

Intergovernmental

7

What Treaty included justice and home affairs in pillar 3?

Maastricht Treaty

8

What does Schengen indicate?

An area without internal borders

9

What is Schengen closely connected to?

Pillar 3 and the AFSJ

10

What does Schengen arise from?

A Convention

11

Who is NOT in Schengen from EU?

UK and Ireland

12

What is an example of a non-EU Member in Schengen?

Lichtenstein

13

What Treaty finalised the incorporation of the AFSJ into the 'mainstream' of EU policies?

Lisbon

14

Why did Lisbon mainstream AFSJ into mainstream EU policies?

To do away with border control

15

Where are the main objectives of EU immigration policy found?

Articles 77 - 79 TFEU

16

Gives some examples of the main objectives set out in Articles 77 - 79 TFEU

No intra-EU controls, management of external borders, common asylum and visa policy, management of migration flows, treatment of non-EU nationals legally resident in a Member and fighting illegal immigration

17

What common policies are an objective in Articles 77 - 79 TFEU?

Common asylum and vida policy

18

What policy is management of migration flows part of in Articles 77 - 79 TFEU?

Economic policy to compensate for waging population

19

To what level do Articles 77 - 79 TFEU envisage management of external borders?

Equal level with goods, with strong external borders due to customs duties and need for equivalence

20

Why did Ireland not take part in Schengen?

UK required Ireland to not take part or break common travel area between the two countries.

21

Can UK and Ireland choose to participate in Schengen instruments?

Yes

22

What can stop UK and Ireland participating in Schengen?

Veto right of members of Schengen

23

What has the UK always asked for in founding Treaties?

An 'opt out'

24

What does an 'opt out' allow the UK to do in the AFSJ?

Say if they wish to be a part of any new instruments created therin

25

Name three policy objectives which cause tension in EU law

Immigration policy, national security, sovereignty, drive for solidarity and humanitarian issues

26

What has the refugee crisis caused Members to do?

Abandon open FM regime and return to checking their borders

27

What is the main objective of EU asylum policy?

To harmonise asylum refugee law across the EU

28

What idea is the EU asylum policy based on?

We can achieve everything through rules - no agency, no federation needed etc.

29

Name the three core elements of EU asylum policy

International protection, 1951 Geneva Convention and the Dublin Regulations

30

What are the two categories of international protection projected by EU asylum policy?

Pure and subsidiary refugees

31

What are subsidiary refugees?

Those still in their origin, non-Member country

32

What is the basis of the 1951 Geneva Convention?

Refugees should be protected

33

How does the EU base its asylum policy on the Geneva Convention?

Directive with detailed rules so every Member should have the same outcome

34

What shows that the detailed Directive, supposedly based on Geneva Convention, does not have the same outcome upon application in every Members?

1 million out of 1.5 million refugees went to Germany last year

35

Why are Germany more liberal on application of EU Directive for asylum policy?

Constitutional principles which affect their interpretation of the Directive

36

Where other than Germany can a liberal approach to asylum be seen?

Sweden

37

What number of Syrian refugees has the UK committed to, and over how many years?

20,000 in 5 years

38

What does the Dublin Regulation determine?

State responsibility

39

What is the main rule in the Dublin Regulation?

Asylum claims should be decided by State in which the person first entered the EU

40

What does the Dublin Reg mean in practice?

Greece and Italy receive the vast majority of claims, because of migration from Africa

41

What makes it even more concerning that Greece and Italy, due to Dublin Reg, receive the vast majority of asylum claims?

Bad financial conditions

42

NS v SoS for HD

UK forced return of refugees to state of first entry counted as inhumane and degrading treatment due to systemic deficiencies in the primary first entry State

43

What case shows the Dublin Regulations weaknesses in practice - systemic deficiencies?

NS v SoS for HD

44

Name two elements of the refugee crisis

Pressure on States of first entry and unequal implementation of common rules

45

Name at leas two responses to the refugee crisis

Attempts to manage reception in first entry hot-spots, strengthening EU's external borders, cooperation with non-EU countries and consideration of ending executive federalism in this area

46

What is the name given to the type of organisation seen in the area of asylum policy?

Executive federalism

47

Why does executive federalism just not work in the area of asylum policy?

No common institution to deal with asylum claims anywhere in the EU, and unequal implementation of common rules

48

What country in particular have the EU started to cooperate with to respond to refugee crisis?

Turkey

Decks in Law Second Year Class (62):