European Law Summary
Week III
Learning objectives:
Understand what the AFSJ is and how it relates to the EU internal market.
Understand the role of the Common European Asylum policy within the AFSJ, which measures part of
it, and what topical issues are in this area.
Understand and differentiate legislation forming part of the AFSJ that applies to TCN depending on
their reason for migration to the EU.
The Area of Freedom, Security and Justice and the EU internal Market
The AFSJ reflects the EU’s shift from an economic union to a political and legal community addressing cross-
border security, migration, and fundamental rights. Its evolution followed 3 key treaty stages:
Treaty of Maastricht: Justice and home affairs introduced as a third pillar, largely intergovernmental,
with limited EU institutional influence.
Treaty of Amsterdam: Immigration and asylum shifted to the first pillar (community method);
Parliament and CJEU gained powers; Frontex was created. Criminal justice and policing remained
intergovernmental.
Treaty of Lisbon: Abolished the pillar system, placing AFSJ under the TFEU. Ordinary legislative
procedure and full parliamentary/CJEU oversight now apply, with stronger accountability and
coherence.
Fundamental rights in the AFSJ
Integration raised concerns about weaker accountability, especially regarding migrants and suspects. The CJEU
uses EU law, ECHR, and constitutional traditions to safeguard rights. The Charter of Fundamental Rights, given
Treaty status at Lisbon, strengthened protections. Fast-track procedures were introduced to avoid delays in
urgent cases (e.g. deportation).
Migration of third-country nationals
Initially left to MS, migration policy became crucial once free movement in the internal market was established.
The Schengen regime removes internal borders and required shared external border management, later
institutionalised via Frontex.
Complexity arises because:
1. Pre-existing diverse national laws
2. Overlap with international treaties (Refugee Convention, ECHR)
3. EU measures often set only minimum standards
4. Opt-outs (Ireland, Denmark, pre-Brexit UK
Economic Migration and Integration in the EU
Schengen
The Schengen regime has 2 dimensions. Internally, it abolishes border checks, enabling free movement but
requiring cooperation through databases like VIS, SIS II, and EURODAC. Border checks may be temporarily
reintroduced in cases of serious threats to public security. Externally, Schengen establishes a common visa
policy (visa lists, visa code) and forthcoming entry-exit and travel authorisation systems. Compliance is
monitored through evaluation mechanisms.
Integration of long-term residents
The Tampere Programme highlighted integration and equal treatment for long-term migrants. However, EU
competences exclude nationality law, so naturalisation remains national.
Long-Term Residents Directive (2003/109)
TCNs lawfully resident for 5 years with stable resources and health insurance may obtain long-term status
(through groups like seasonal workers and students are excluded). Rights approximate those of EU citizens, but
subject to restrictions and quotas. The Directive advances integration but falls short of full equality.
Week III
Learning objectives:
Understand what the AFSJ is and how it relates to the EU internal market.
Understand the role of the Common European Asylum policy within the AFSJ, which measures part of
it, and what topical issues are in this area.
Understand and differentiate legislation forming part of the AFSJ that applies to TCN depending on
their reason for migration to the EU.
The Area of Freedom, Security and Justice and the EU internal Market
The AFSJ reflects the EU’s shift from an economic union to a political and legal community addressing cross-
border security, migration, and fundamental rights. Its evolution followed 3 key treaty stages:
Treaty of Maastricht: Justice and home affairs introduced as a third pillar, largely intergovernmental,
with limited EU institutional influence.
Treaty of Amsterdam: Immigration and asylum shifted to the first pillar (community method);
Parliament and CJEU gained powers; Frontex was created. Criminal justice and policing remained
intergovernmental.
Treaty of Lisbon: Abolished the pillar system, placing AFSJ under the TFEU. Ordinary legislative
procedure and full parliamentary/CJEU oversight now apply, with stronger accountability and
coherence.
Fundamental rights in the AFSJ
Integration raised concerns about weaker accountability, especially regarding migrants and suspects. The CJEU
uses EU law, ECHR, and constitutional traditions to safeguard rights. The Charter of Fundamental Rights, given
Treaty status at Lisbon, strengthened protections. Fast-track procedures were introduced to avoid delays in
urgent cases (e.g. deportation).
Migration of third-country nationals
Initially left to MS, migration policy became crucial once free movement in the internal market was established.
The Schengen regime removes internal borders and required shared external border management, later
institutionalised via Frontex.
Complexity arises because:
1. Pre-existing diverse national laws
2. Overlap with international treaties (Refugee Convention, ECHR)
3. EU measures often set only minimum standards
4. Opt-outs (Ireland, Denmark, pre-Brexit UK
Economic Migration and Integration in the EU
Schengen
The Schengen regime has 2 dimensions. Internally, it abolishes border checks, enabling free movement but
requiring cooperation through databases like VIS, SIS II, and EURODAC. Border checks may be temporarily
reintroduced in cases of serious threats to public security. Externally, Schengen establishes a common visa
policy (visa lists, visa code) and forthcoming entry-exit and travel authorisation systems. Compliance is
monitored through evaluation mechanisms.
Integration of long-term residents
The Tampere Programme highlighted integration and equal treatment for long-term migrants. However, EU
competences exclude nationality law, so naturalisation remains national.
Long-Term Residents Directive (2003/109)
TCNs lawfully resident for 5 years with stable resources and health insurance may obtain long-term status
(through groups like seasonal workers and students are excluded). Rights approximate those of EU citizens, but
subject to restrictions and quotas. The Directive advances integration but falls short of full equality.
