The Emergence of a European Immigration Policy

This work originates in the first Congress of Lawyers specialised in European Immigration and Asylum law on the topic “Which Immigration Policy for the European Union?” This Congress was organised by the Odysseus Academic Network of Legal Studies on Immigration and Asylum in Europe on 1st and 2nd December 2000 in Brussels. The aim of the Congress was to assess the acquis of the Maastricht Treaty and to evaluate prospects for the future following the Treaty of Amsterdam. While the contributions to the current volume reflect the oral presentations given at the Congress, they have been extended and updated considerably, in view of the continuous and rapid developments in the European Immigration Policy which have taken place up to the beginning of 2003. Only one of the contributions, the report on family reunification of third-country nationals, could not be published in this volume. This is due to the progress achieved with the proposal for a directive on this issue, which was subject to a political agreement in the Council of Ministers of Justice and Home Affairs on 27 February 2003. Nevertheless, the introduction to this volume, which outlines the different chapters, covers a number of elements concerning this matter, as well as some other recent developments in immigration policy.

This book constitutes the third volume published by the Odysseus Academic Network, and will, during 2003, be followed by the publication of the proceedings of the second Congress of Lawyers specialised in European Immigration and Asylum law. This was held in Lisbon on 15 and 16 November 2002 on the topic “The emergence of a European Asylum Policy: Amsterdam, Tampere and the future”. In accordance with its objectives, the Network will offer readers an overall synthesis of the two areas of the new European immigration and asylum policy. An additional volume is already planned and will comprise the proceedings of the third Congress of Lawyers specialised in European Immigration and Asylum Law, which the Odysseus Academic Network will organise in June 2004 in Paris. This event will evaluate progress made during the transition period of five years for the creation of the Area of freedom, security and justice, which began with the entry into force of the Treaty of Amsterdam on 1 May 1999.

On behalf of all the members of the Odysseus Academic Network, I express my deepest gratitude to all the authors who contributed to this volume, for their efforts up to now as well as their participation in future common activities. I also want to thank Mrs. Nicole Bosmans who, with dynamism and devotion, assumes the responsibility of the Network’ secretariat. The Network wants also to thank the European Commission, in particular the Directorate General for Justice and Home Affairs, for the financial support it was granted via the Odysseus programme, and the Directorate General for Research and Technological Development for the financial assistance provided by the 5th Framework Programme for Research, which enabled several young researchers to take part in the Congress.


Presentation of the Network and Report of Activities 2002;
Présentation du Réseau et rapport d’activités 2002;

Foreword, by
Philippe DE BRUYCKER, Université Libre de Bruxelles

L’émergence d’une politique européenne d’immigration, par
Philippe DE BRUYCKER, Université Libre de Bruxelles

Vers quelle politique communautaire des visas de court séjour?, par
Catherine SCHMITTER, Université de Lyon 2,
François JULIEN-LAFERRIERE, Université de Paris-Sud,
Jean-Yves CARLIER, Université Catholique de Louvain-la-Neuve

Labour Migration in the European Union, by
Elspeth GUILD, Katholieke Universiteit Nijmegen,
Helen STAPLES, Katholieke Universiteit Brabant

The Austria Quota System concerning Family reunification, the Green Card discussion and Europe’s new Immigration, by
Rudolf FEIK, University of Salzburg

The new Greek Immigration Law: a Step forward ?, by
Nicholas SITAROPOULOS, Greek National Commission for Human Rights

The Status of Third-Country Nationals residing on a long term Basis, by
John HANDOLL, William Fry Solicitors, Dublin

Immigration and Third-Country Nationals – a Swedish Perspective, by
Orjan EDTRÖM, Associate Professor, University of Umea

La lutte contre l’immigration illégale, par
Henri LABAYLE, Université de Pau et des pays de l’Adour, Faculté de Bayonne,
Daphné BOUTEILLET-PAQUET, Amnesty International,
Anne WEYEMBERGH, Université Libre de Bruxelles

Ambiguities in combatting illegal immigration, by
Thomas SPIJKERBOER, Free University Amsterdam

The Directive on mutual recognition of Expulsion decisions : symbolic or unbalanced Politics?, by
Kees GROENENDIJK, Centre for Migration Law, University of Nijmegen

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