THE LEGAL FRAMEWORK OF MIGRATION POLICY
Other Law Sources
At the EU level the primary law sources is actually l'acquis communautaire. The judgments of the European Court of Justice are to follow the lines of the principles established in the Treaties (acquis communautaire). Along its existence, the ECJ proved to be somehow dynamic and interpreted the Treaties in a way which brought controversy between the social partners. Though it is not an EU institution as such, the European Court of Human Rights influences the political direction of the EU. For example, all EU members have ratified the Council of Europe's European Convention of Human Rights and accepted the jurisdiction of the European Court of Human Rights as a prerequisite for joining the EU. This means, for example, that all member states have abolished the death penalty before joining the European Union.
European Court of Justice (ECJ)
- Rόffert C-346/06, ETUCs Judgment summary, ECJ - not applying the posted workers directive
- Viking and Laval cases, Explanatory Memorandum, (for Executive Committee of the ETUC, 4 March 2008)
- Freedom of establishment Article 43 EC Directive 73/148/EEC National of one Member State established in another Member State Right to residence of a spouse's parent, the spouse and the parent being nationals of a non- Member country Requirement that the parent be lawfully resident in a Member State when joining his family in the Member State of establishment Evidence required to show that the parent is a dependant (2007/C 42/04)
- Failure of a Member State to fulfill obligations Directive 2002/90/EC Facilitation of unauthorized entry, transit and residence Failure to transpose within the period prescribed), (2006/C 331/31)
- Immigration policy Right to family reunification of minor children of third country nationals Directive 2003/86/EC Protection of fundamental rights Right to respect for family life Obligation to have regard to the interests of minor children)
- Freedom of movement for persons Workers Family members Right of a national of a third country married to a Community national to take up an activity as an employed person Conditions, (2006/C 143/30)
- Failure of a Member State to fulfil obligations Directive 2003/109/EC Third country nationals who are long-term residents Failure to transpose within the prescribed period
- Freedom of movement for persons Workers Right of residence for a family member who is a third-country national Return of the worker to the Member State of which he is a national Obligation for the worker's Member State of origin to grant a right of residence to the family member Whether there is such an obligation where the worker does not carry on any effective and genuine activities), (2008/C 51/14)
Acquis Communautaire
L'acquis communautaire is the entire body of European laws. This includes all the treaties, regulations and directives passed by the European institutions as well as judgments laid down by the European Court of Justice. The term is most often used in connection with preparations by the candidate countries to join the Union. They must adopt, implement and enforce all the acquis to be allowed to join the EU.
- Acquis of the European Union, Title IV of the TEC, Part II of the TEC, Title VI of the TEU
- Charter of the fundamental rights