Migratie- en asielrecht - Migration and Asylum Law
Ed. Dirk Vanheule (U. Antwerp)

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EUROPESE UNIE - EUROPEAN UNION

    Juridische bronnen - Legal Resources

Conventions

  • Dublin Convention of 15 June 1990 determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities (Official Journal C 254 , 19/08/1997 P. 0001 - 0012)
  • Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (19 June 1990)

Treaties

  • Protocol to the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts - Protocol annexed to the Treaty on European Union and to the Treaty establishing the European Community - Protocol integrating the Schengen acquis into the framework of the European Union (Official Journal C 340 , 10/11/1997 P. 0093)
  • Draft Decision of the Council providing for certain areas covered by title IV of Part three of the Treaty establishing the European Community to be governed by the procedure referred to in Article 251 of that Treaty of 23 November 2004

Law of the European Union

  • General policy issues

The Hague Programme: Strengthening Freedom, Security and Justice in the European Union  (OJ C 053 03.03.2005 p. 1)

Green Paper on an EU Approach to Managing Economic Migration 11/01/2005. COM/2004/0811 final.

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions. A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European Union 01/09/2005. COM(2005)389 final.

  • Cooperation

ARGO-programme administrative cooperation : Council Decision 2002/463/EC of 13 June 2002 adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration

Immigration liaison: Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 064 02.03.2004 p. 1)

Proposal for a Council Decision on the establishment of a mutual information procedure concerning Member States’ measures in the areas of asylum and immigration, 10/10/2005 (COM(2005) 480 final). 52005PC0480.

Communication from the Commission to the European Parliament and the Council - Thematic programme for the cooperation with third countries in the areas of migration and asylum, 25.01.2006, COM/2006/0026 final.

 

  • EU citizens

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (Text with EEA relevance) (OJ L 158 30.04.2004 p. 77)

Preparatory acts: Proposal for a European Parliament and Council Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Official Journal 270 E , 25/09/2001 P. 0150 - 0160)

  • Schengen Acquis

Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239 22.09.2000 p. 13) - pdf

Convention implementing the Schengen Agreement  (OJ L 239 22.09.2000 p. 19)

Agreement on the Accession of Italy (OJ L 239 22.09.2000 p. 63)
Agreement of the Accession of Spain (OJ L 239 22.09.2000 p. 69)
Agreement on the Accession of Portugal (OJ L 239 22.09.2000 p. 76)
Agreement on the Accession of Greece (OJ L 239 22.09.2000 p. 83)
Agreement on the Accession of Austria (OJ L 239 22.09.2000 p. 90)
Agreement on the Accession of Denmark (OJ L 239 22.09.2000 p. 97)
Agreement on the Accession of Finland (OJ L 239 22.09.2000 p. 106)
Agreement on the Accession of Sweden (OJ L 239 22.09.2000 p. 115)

Amended by

Completed by 32001L0051
Amended by 32001R1091 Replacement Article 18 from 07/06/2001
Amended by 42001A1121(01) Repeal Article 50 from /F/DATE
Amended by 32002F0584 Replacement TIT 3 CH 4 from 07/08/2002
Repealed by 32002F0946 Repeal Article 27.2 from 05/12/2004
Repealed by 32002F0946 Repeal Article 27.3 from 05/12/2004
Repealed by 32002L0090 Repeal Article 27.1 from 05/12/2004
Amended by 32003D0169 Repeal Article 61 from 19/F /DATE
Amended by 32003D0169 Repeal Article 62.1 from 19/F /DATE
Amended by 32003D0169 Repeal Article 62.2 from 19/F /DATE
Amended by 32003D0169 Repeal Article 63 from 19/F /DATE
Amended by 32003D0169 Repeal Article 65 from 19/F /DATE
Amended by 32003D0169 Repeal Article 66 from 19/F /DATE
Amended by 32003D0170 Repeal Article 47.4 from 26/03/2003
Amended by 32003D0725 Amendment Article 40.1 from 11/10/2003
Amended by 32003D0725 Amendment Article 40.7 from 11/10/2003
Amended by 32003D0725 Completion Article 40.7 from 11/10/2003
Amendment proposed by 52003PC0502(01)
Amended by 32004R0871 Completion Article 101.1 from 13/06/2005
Amended by 32004R0871 Replacement Article 101.2 from 20/05/2004
Amended by 32004R0871 Amendment Article 102.4 from 20/05/2004
Amended by 32004R0871 Replacement Article 103 from 20/05/2004
Amended by 32004R0871 Addition Article 112 BI from 11/09/2005
Amended by 32004R0871 Addition Article 113 BI from 11/09/2005
Amended by 32004R0871 Addition Article 92.4 from 13/06/2005
Amended by 32004R0871 Amendment Article 94.3 from 20/05/2004
Amended by 32004R2133 Amendment Article 6.2 from 01/01/2005
Amended by 32004R2133 Addition Article 6 BI from 01/01/2005
Amended by 32004R2133 Addition Article 6 TER from 01/01/2005
Amended by 32005D0211 Replacement Article 100.3 from 24/02/2005
Amended by 32005D0211 Completion Article 101.1 from 03/06/2005
Amended by 32005D0211 Addition Article 101 BIS from 24/02/2005
Amended by 32005D0211 Addition Article 101 TER from 24/02/2005
Amended by 32005D0211 Replacement Article 103 from 24/02/2005
Amended by 32005D0211 Addition Article 112 BIS from 11/09/2005
Amended by 32005D0211 Replacement Article 113.1 from 15/10/2005
Amended by 32005D0211 Addition Article 113 BIS from 11/09/2005
Amended by 32005D0211 Addition Article 92.4 from 03/06/2005
Amended by 32005D0211 Amendment Article 94.2 from 24/02/2005
Amended by 32005D0211 Amendment Article 94.3 from 24/02/2005
Amended by 32005D0211 Replacement Article 99.1 from 24/02/2005
Amended by 32005D0211 Amendment Article 99.3 from 03/06/2005
Amended by 32005D0211 Amendment Article 99.5 from 24/02/2005
Amended by 32005R1160 Addition Article 102 BI from 11/01/2006

Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis - Final Act (OJ L 176 10.07.1999 p. 36) - pdf

Adopted by 31999D0439 (OJ L 176 10.07.1999 p. 35)

Agreement in the form of Exchanges of Letters between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning committees which assist the European Commission in the exercise of its executive powers, (OJ L 176 10.07.1999 p. 53) - pdf

Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131 01.06.2000 p. 43) - pdf

Implemented by 32004D0926 (OJ L 395 31.12.2004 p. 70)

Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 064 07.03.2002 p. 20) - pdf

Council Decision 2004/849/EC of 25 October 2004 on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 368 15.12.2004 p. 26 - html)

Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland
(OJ L 395 31.12.2004 p. 70) - pdf

  • Visa and Passports

Passports: Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States
(OJ L 385 29.12.2004 p. 1) - pdf

Uniform format for visas: Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164 14.07.1995 p. 1)

Amended by Council Regulation (EC) No. 334/2002 32002R0334 (OJ L 053 23.02.2002 p. 7) - Consolidated text 01995R1683-20020315
Amended by 12003T - Consolidated text 01995R1683-20040501
Amendment proposed by 52003PC0558(01)

Visa requirement: Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 081 21.03.2001 p. 1) - consolidated version 2/4/2003

Amended by:
- Council Regulation (EC) No 2414/2001 of 7 December 2001 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement (OJ L 327 , 12.12.2001 p. 0001 - 0002)
- Council Regulation (EC) No 453/2003 of 6 March 2003 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 069 , 13/03/2003 P. 0010 - 0011)
- Council Regulation (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as regards the reciprocity mechanism (OJ L 141 , 04/06/2005 p. 0003 - 0005)

Common Consular Instructions on visas for the diplomatic missions and consular posts
(OJ C 313 16.12.2002 p. 1 - html)

Amended by 32003R0693 (OJ L 099 17.04.2003 p. 8)
Amended by 32004D0466 (OJ L 157 30.04.2004 p. 136)
Amended by 32004D0574 (OJ L 261 06.08.2004 p. 36)
Amended by 32004R2133 (OJ L 369 16.12.2004 p. 5)
Amendment proposed by 52004PC0391

Border visa: Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit (OJ L 064 07.03.2003 p. 1)

  • Border control

Common Manual (Schengen)

Amended by 32003R0693 (OJ L 099 17.04.2003 p. 8)
Amended by 32004D0466 (OJ L 157 30.04.2004 p. 136)
Amended by 32004D0574 (OJ L 261 06.08.2004 p. 36)
Amended by 32004R2133 (OJ L 369 16.12.2004 p. 5)
Amended by 32006R0562 (OJ L 105, 13.4.2006, p. 1)

Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (Official Journal L 328 , 05/12/2002 P. 0017 - 0018)

Council Decision 2004/581/EC of 29 April 2004 determining the minimum indications to be used on signs at external border crossing points (OJ L 261 06.08.2004 p. 119)

Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ L 261 06.08.2004 p. 24)

Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end (Official Journal L 369 , 16/12/2004 P. 0005 - 0010 -  html version)

Council Decision 2004/849/EC of 25 October 2004 on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 368 15.12.2004 p. 26 - html)

Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349 25.11.2004 p. 1 - html)

  • Council Decision of 26 April 2005 designating the seat of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 114 04.05.2005 p. 13)

Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland
(OJ L 395 31.12.2004 p. 70)

Schengen Borders Code: Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (OJ L 105, 13.4.2006, p. 1–32)

  • Fingerprints

Eurodac fingerprints: Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention (Official Journal L 316 , 15/12/2000 P. 0001 - 0010)

Eurodac fingerprints: Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Convention (Official Journal L 062 , 05/03/2002 P. 0001 - 0005)

  • Refugees and persons who otherwise need international protection
  • Responsible State for examing Asylum Applications

Agreement of 19 January 2001 between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway - Declarations (Official Journal L 093 , 03/04/2001 P. 0040 - 0047)

Council Decision 2001/258/EC of 15 March 2001 concerning the conclusion of an Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or Iceland or Norway (Official Journal L 093 , 03/04/2001 P. 0038 - 0039)

Protocol to the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway (OJ L 57, 28.2.2006, p. 16–18)

Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (Official Journal L 050 , 25/02/2003 P. 0001 - 0010)

Agreement of 13 March 2005 between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 66, 8.3.2006, p. 38–43)

  • Reception of Asylum Seekers

Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (Official Journal L 031 , 06/02/2003 P. 0018 - 0025)

  • Temporary protection

Minimum standards: Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (Official Journal L 212 , 07/08/2001 P. 0012 - 0023)

  • Qualification, status and protection:

Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (Official Journal L 304 , 30/09/2004 P. 0012 - 0023)

Preparatory acts:

Proposal for a Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection (Official Journal 051 E , 26/02/2002 P. 0325 - 0334)

  • Asylum procedures

Council Resolution of 20 June 1995 on minimum guarantees for asylum procedures

Minimum standards:

Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (Official Journal L 326 , 13/12/2005 P. 0013 - 0034)
 

Proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status /* COM/2000/0578 final - CNS 2000/0238 */ (Official Journal C 062 E , 27/02/2001 P. 0231 - 0242)

Amended proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (Official Journal 291 , 26/11/2002 P. 0143 - 0171)
see also:
- Council documents ASILE 33 (30 April 2004), ASILE 64 (9 November 2004) and other council documents;
- EP Committee on Civil Liberties, Justice and Home Affairs, REPORT of 25 June 2005 on the amended proposal for a Council directive on minimum standards on procedures in Member States for granting and withdrawing refugee status 

Communication from the Commission to the Council and the European Parliament: A More Efficient Common European Asylum System: The Single Procedure as the Next Step, 15/07/2004. COM(2004) 503 final

  • Family reunification

Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (Official Journal L 251 , 03/10/2003 P. 0012 - 0018 - html)

Preparatory acts:

Proposal for a Council Directive on the right to family reunification

Amended proposal for a Council Directive on the right to family reunification (presented by the Commission pursuant to Article 250(2) of the EC Treaty) (Official Journal 062 E , 27/02/2001 P. 0099 - 0111)

Amended proposal for a Council directive on the right to family reunification (Official Journal 203 E , 27/08/2002 P. 0136 - 0141)

Case C-540/03, European Parliament v Council of the European Union (ECJ 27 June 2006)
 

  • Minor children

Council Resolution of 26 June 1997 on unaccompanied minors who are nationals of third countries (Official Journal C 221 , 19/07/1997 P. 0023 - 0027)

  • Students

Third country nationals: 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 (Official Journal L 375 , 23/12/2004 P. 0012 - 0018 - html version)

Preparatory acts:

Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service (Official Journal 045 E , 25/02/2003 P. 0018 - 0041)

  • Scientific Research

Third country nationals: Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (Official Journal L 289 , 03/11/2005 P. 0015 - 0022)

Recommendation of the European Parliament and of the Council of 28 September 2005 to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the Community for the purpose of carrying out scientific research (Official Journal L 289, 03/11/2005 P. 0023 - 0025)

Council Recommendation of 12 October 2005 to facilitate the admission of third-country nationals to carry out scientific research in the European Community (Official Journal L 289 , 03/11/2005 P. 0026 - 0028)

  • Integration Policy

Communication from the Commission to the Council, the European Parliament, the European Economic and Social committee and the Committee of the Regions - A Common Agenda for Integration - Framework for the Integration of Third-Country Nationals in the European Union, 01.09.2005, COM/2005/0389 final.

  • Residence

Uniform format residence permit: Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (Official Journal L 157 , 15/06/2002 P. 0001 - 0007)

Long term residence third country nationals: Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 016 23.01.2004 p. 44 - html)

Preparatory acts:

Proposal for a Council Directive concerning the status of third-country nationals who are long-term residents (Official Journal 240 E, 28/08/2001 P. 0079 - 0087)

  • Removal policy

Recognition of removal decisions: Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (Official Journal L 149 , 02/06/2001 P. 0034 - 0036)

Return and carriers: Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (Official Journal L 187 , 10/07/2001 P. 0045 - 0046)

Removal and transit: Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ L 321 06.12.2003 p. 26 - html)

Joint flights: Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders (Official Journal L 261 , 06/08/2004 P. 0028 - 0035)

Readmission agreements:

Agreement between the European Community and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation (OJ L 017 24.01.2004 p. 25 - html)

Agreement between the European Community and the Macao Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation (OJ L 143 30.04.2004 p. 99 - html)

Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation - Declarations
(OJ L 124 17.05.2005 p. 22 - html)

Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation - Declarations (OJ L 124 17.05.2005 p. 43 - html)

Common standards

Proposal for a Directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals, 01.09.2005, COM/2005/0391 final - COD 2005/0167

  • Trafficking in human beings

Residence permits for victims: Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (Official Journal L 261 , 06/08/2004 P. 0019 - 0023)

Communication from the Commission to the European Parliament and the Council - Fighting trafficking in human beings : an integrated approach and proposals for an action plan, 18.10.2005, COM/2005/0514 final.
 

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