Abstract
In March 2013, Albania adopted a new law on foreigners which repealed the law of 2008. The aim of the new law is to guarantee the treatment of foreigners entering or seeking to enter, stay or work in the territory of Albania according to the criteria and norms of the European Union. The law in question brings innovation about travel documents when for the first time is recognized the group passport, a standard set by the European Union legislation. Also for the first time it establishes a residence permit for voluntary workers and researchers. Regarding the residence permits, there is a change to their labeling and in accordance with the EU legislation it is provided the blue card residence permit, which is issued to highly qualified workers. The new law also harmonizes the criteria for entry and stay in the territory of Albania with those of the Schengen Code. In this paper will be analyzed the European Union legislation on entry and residence of third-country nationals, which will be followed by the analyses of the provisions of the Albanian law of 2013 that discipline the entry and stay of foreigners in the territory of Albania, in order to identify the level of harmonization of it with the European Union legislation. DOI: 10.5901/mjss.2015.v6n2s2p87
Highlights
In this paper will be analyzed the European Union legislation on entry and residence of third-country nationals, which will be followed by the analyses of the provisions of the Albanian law of 2013 that discipline the entry and stay of foreigners in the territory of Albania, in order to identify the level of harmonization of it with the European Union legislation
With the entry into force of the Treaty of Amsterdam on 1 May 1999 the measures regarding immigration, in entry, residence and return of third-country nationals were included in Title IV called "visa, asylum, immigration and policies regarding the free movement of people" by entering the community competences
The Article 63 has served as a legal basis for the adoption of all acts regarding the entry, residence, movement and repatriation of third-country nationals, and to: Regulation (EC) no. 1030/2002 which was later modified by Regulation (EC) no. 380/2008 regarding the establishment of a uniform system on the issuance of residence permits for third-country nationals
Summary
With the entry into force of the Treaty of Amsterdam on 1 May 1999 the measures regarding immigration, in entry, residence and return of third-country nationals were included in Title IV called "visa, asylum, immigration and policies regarding the free movement of people" by entering the community competences. The Articles 62 and 63 of the Treaty of Amsterdam provided Community competence to adopt acts regarding to visa policy, border crossing, the entry, residence and procedures to be followed by Member States to issue long-term visas and residence permits, including residence permits for family reunification It will be exactly the Article 62 that will serve as a legal basis for Regulation 562/2006 which has created a community code relating to crossing borders ending the existing fragmented framework in this discipline. It is noted that besides the norms that discipline the legal immigrant resident, who can be called common discipline regime, there are recognized even these special or privileged regimes: the family norms, the norms on foreigners provided by the association agreements with third countries, norms on long-term resident immigrants and recently the norms on immigrants which are highly skilled workers Another category of norms create a special status for asylum seekers and foreigners seeking asylum or temporary protection. This separation is reflected in recent Albanian legislation on immigration, which is harmonized with the EU
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