Abstract
55 This article focuses on the issue of adoption and development of legislation on irregular migration in the context of uncontrolled growth of the number of migrants from North Africa and the Middle East to the EU. This is a study of the EU legislation on irregular migration, as well as an attempt to classify it and analyze the future of EU migration legislation with the increase of irregular migration into the EU. The author systematizes and classifies the current EU legislation on irregular migration, and analyzes the conditions in which this legislation was developed. Using the legislation analysis method, the author proposes the following classification of EU legislation on irregular migration: rules preventing assistance to irregular migration, rules preventing employment of irregular migrants, rules on the return of irregular migrants and readmission, rules on border control, and rules on collaboration with third countries. The author pays special attention to the current state of irregular migration to the EU, dubbed the ‘greatest migration crisis in Europe’, and concludes that the European Union succeeded in the development of pioneering legislation on irregular migration, which may serve as the basis for reception by other states. However, changes in the political and economic situation in the south of the Union have made the current legal mechanisms incapable of withstanding new threats. It necessitates a radical reform of the legislation on irregular migration.
Highlights
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The author pays special attention to the current state of irregular migration to the EU, dubbed the ‘greatest migration crisis in Europe’, and concludes that the European Union succeeded in the development of pioneering legislation on irregular migration, which may serve as the basis for reception by other states
It can be concluded that over the past decade and a half the European Union managed to develop and introduce legal tools to respond to traditional challenges to security associated with irregular migration and human trafficking
Summary
A migrant crosses the border independently, and, as a rule, without a third party’s assistance This act of illegal entry is characterised by the absence of direct outside help. On November 15, 2001, the European Commission prepared a communication to the Council and the European Parliament on the common policy in illegal migration [7], which identifies six areas for possible actions preventing and fighting illegal migration: visa policy; infrastructure for information exchange, co-operation, and co-ordination; border management; police co-operation; alien law and criminal law; return and readmission policy Based on this communication of November 15, 2001, a proposal for a comprehensive plan to combat illegal migration and trafficking of human beings in the European Union [8] was prepared in February 2002. The system of legislation on irregular migration has the following elements
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