A critical analysis of the EU legal framework dealing with illegal immigration

Résumé du document

Arousing the passions and the divisions, the migration is apprehended by some Europeans as a danger for the national identity and is approved by the others as a source of cultural diversity. Many forms of illegal immigration are observed. The migrants can enter a member states by land, air or sea. Also a lot of these illegal entries are made thanks to the utilization of false or forgotten documents and organized crime networks. Nevertheless many people penetrate legally thanks to a visa but exceed the time authorized or modify the aim of their stay without the agreement of the government. Finally some asylum seekers do not leave the country even after a negative response. The Europeans have emigrated to places all over the world for centuries. Europe has received supplies from a lot of foreign cultures and populations during its history. The migration process is a huge part of the common history. It is a natural phenomenon of the exchanges and relationships between human communities.

Extraits

[...] Since 1999, many directives relating to legal and illegal immigration, asylum was born. The treaty of Amsterdam conferred powers on the communities in migration and asylum matters. Confronted to the public opinion fears, communities have adopted some control and repression norms against illegal immigration which are more and more dissuasive but that do not excluded the massive regularizations of migrants already enter. This problem is European, it is a complex problem with economic, social, juridical and cultural implications which can not be always resolved by the member states individually. [...]

[...] Article of ECHR and article of Charter of fundamental rights. Article 3 European Convention on Human Rights, Arrest Manitu Giama v Belgium (17/07/1980) OJ L 63 of Article 33 of Geneva convention (UNHCR, Asylum Processes, Fair and Efficient asylum procedures) Article International Pacte on civil and politic rights. European court on human rights : arrest Soering v United Kingdom (07/07/1989) Article 4 of Protocol to the European convention on Human Rights, Arrest Andric v Sweeden 1999 Council decision 2004/573 on the organization of joint flights for removal. [...]

[...] These regulations put in application for example in Spain and Italy Sine three centuries Spain is an immigration country with authorized foreigners in 2005. The first massive regularisation is intervened in 1985 with the Parliament's agreement on the law on liberties and right foreigners resident in Spain. But, Spain had to improve its legislation in order to surmount the new realities in this matter. The presence of many migrants in irregular situation had provoked the need to process at several waves of regularisation. [...]

[...] So Spain try to act for the best in taking in account security, humanitarian aspects, but these preventions did not avoid some catastrophes. In effect through the enclaves of Ceuta and Mellila, on 27 September migrants are arrived in successive waves. Some of them were arrested and killed as they crossed the security barrier where there were the Moroccan authorities and Spanish police, without assurance being by the authorities as to how these persons would be treated. This situation confirms the fears of Amnesty International and other non-governmental organizations which say that the readmission agreement between Morocco and Spain does not contain good guarantees on the protection of persons against torture[16]and in term of fundamental rights. [...]

[...] As the article 177 of European Community mentioned European cooperation policy for the development must to have as aim the economic and social durable development of the developing countries and for the more penalized from them.” The European parliament looks for mark this legislation of its imprint and works in favour of a balance between the migrants, member states and third countries interests. However, in some areas (agriculture, inn, restoration, and domestic services) the Europe needs to economic migrants also more and more employers need high qualified migrants. On the long term, the Europe would be confronted at two major problems such as a reduction of its demographic growth and a rise in average age of its population. In order to analyse the subject we must ask ourselves the following questions, what the EU creates to regulate ILLEGAL IMMIGRATION? [...]