Treatment Of Third-Country Nationals Research Articles

Migrating with Dignity: Conceptualising Human Dignity Through EU Migration Law

Human dignity in the jurisprudence of the Court of Justice of the European Union – Human dignity in EU migration law, particularly in the area of asylum law and irregular migration – Requirement of dignified treatment of third-country nationals in the EU – Relationship between human dignity and substantive values such as tolerance, identity, rights, justice, and the law – Human dignity as a moral right, a legal status, and a political status – Human dignity as a moral principle with a legal pedigree, which underpins determinations of the scope of rights of third-country nationals in EU migration law

COMBATTING OR ENABLING DOMESTIC VIOLENCE? EVALUATING THE RESIDENCE RIGHTS OF MIGRANT VICTIMS OF DOMESTIC VIOLENCE IN EUROPE

AbstractThe treatment of third-country nationals (TCNs) under EU law falls far short of the EU's commitments to eliminate gender inequality and to ‘combat all kinds of domestic violence’. Not only does Article 13(2)(c) of the EU Citizens’ Directive, as interpreted by the CJEU in Secretary of State for the Home Department v NA, fail to ‘safeguard’ the rights of TCNs, it may also enable domestic violence. When presented with an opportunity to remedy its disadvantageous treatment of TCNs by fully ratifying the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (the Istanbul Convention), the Council of the EU chose instead to pursue a selective and partial ratification which leaves TCN victims without recourse to the very provisions designed to assist them. The European Parliament stated that it ‘regrets’ this approach, recommending instead ‘a broad EU accession … without any limitations’. This article's analysis of the EU Citizens’ Directive and Istanbul Convention supports this recommendation.

Book Review: What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, by Bjarney Friðriksdótti

Book Review: <i>What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration</i>, by Bjarney Friðriksdótti

The Importance and Application of the Principle of Equal Treatment of Third Country Nationals in the EU

The communitarization of immigration and asylum disciplines and the beginning of a common European Union policy in such areas will begin to create more favorable conditions for the integration of third country nationals who are legally resident, in the territory of the EU. The Tampere European Council of 1999 stressed the need to provide to nationals of third countries rights and obligations similar to those of EU nationals, in order to eliminate social, economic and cultural discrimination. This could be possible through the approximation of the legal status of third country nationals to that of EU nationals. To achieve this goal, there are adopted secondary norms of Community legislation on equal treatment for certain categories of citizens of third countries as refugees, the long-term residents, etc. Regulation EC No 859/2003 extended the effects of the provisions relating to the coordination of national social security regimes and to third country nationals. This European common policy took a new development with the Lisbon Treaty. One of the objectives of the common policy on immigration is the one which provides an equo treatment to third-country national who are legally resident in one of the Member States. This attitude finds concretization even to several articles of the European Charter of Fundamental Rights, which after the Lisbon Treaty has binding legal effects as it has the same legal value of the treaties. The Directive 2011/98/EU aims to establish a single procedure for third country nationals to obtain a combined permit for both residence and work, establishing a series of rights for third-country nationals who are legally resident in a Member State. This directive, in certain sectors, provides an equal treatment of third country nationals with those national. But the text of the directive provides also the cases when EU Member States may derogate from the application of the principle of equal treatment. This paper aims to analyze legal instruments adopted by the EU which recognize the principle of equal treatment of nationals of third countries with nationals, as well as the ways provided to implement this important principle.

The Convergence of the European Legal System in the Treatment of Third Country Nationals in Europe: The ECJ and ECtHR Jurisprudence

This article, based on a broader project, focuses on the interaction between the two European Courts (the Court of Justice of the European Union � ECJ and the European Court of Human Rights � ECtHR) and uses the specific area of expulsion/deportation of third country nationals (non-EU nationals) from European territory as a case study. The work examines the ECJ�s and ECtHR�s divergent approaches in this area of law, and it then provides some preliminary reflections on the potential of the EU Charter of Fundamental Rights and the EU�s accession to the European Convention of Human Rights (ECHR) to achieve a more harmonious and convergent human rights system in Europe. It finally argues that the post-Lisbon era has the potential to enhance the protection of fundamental rights within the continent.

The Convergence of the European Legal System in the Treatment of Third Country Nationals in Europe: The CJEU and ECtHR Jurisprudence

This paper, based on a broader project, focuses on the interaction between the two European Courts (the Court of Justice of the European Union – CJEU and the European Court of Human Rights – ECtHR) and uses the specific area of expulsion/deportation of third country nationals (non-EU nationals) from the European territory as a case study. The work examines the CJEU and ECtHR divergent approaches in this area of law and it then provides some preliminary reflections on the potentiality of the Charter of Fundamental Rights and the EU’s accession to the ECHR to achieve a more harmonious and convergent human rights system in Europe. It finally argues that the post-Lisbon era has the potential to enhance the protection of fundamental rights within the continent.

Third Country Nationals Versus EU Citizens: Discrimination Based on Nationality and the Equality Directives

The creation of an area of freedom, security and justice and the communitarisation of the immigration and asylum policy of the EU are important steps toward integration and fair treatment of Third Country Nationals (TCNs). And yet, EU law presents a number of loopholes in relation to the treatment of non-EU nationals who are subject to discrimination based on nationality and race. These two grounds of discrimination are closely related, and difficult to distinguish and yet important to the development of such a space. The paper discusses the non-discrimination principles on the grounds of nationality and race, respectively based on Art. 18 TFEU (ex Art. 12 EC, as amended) and on Art. 19 TFEU (ex Art. 13 EC, as amended) and their scope of application. It analyses some of the discrepancies in the treatment of TCNs as opposed to EU citizens emerging from the Racial Equality Directive (2000/43/EC) and the Framework Equality Directive (2000/78/EC) (hereafter Equality Directives). The Art., then, considers the approach used by Court of Justice of the European Union (ECJ) in a relatively recent case Centrum Voor Gelijkheid on racial discrimination and espouses the thesis that the limitations contained in both Directives, together with the current interpretation of Art. 18 TFEU (ex Art. 12 EC, as amended), have created a stratification of entitlements and consequently a hierarchy of people legally resident within the EU. The conclusive section reflects on the potentialities offered by the Charter of Fundamental Rights of the EU and its recent effect, as pronounced in the Kucukdeveci case, in providing a more extensive protection to TCNs.

Free Movement: The Workseeker as Citizen

This article is concerned with the legal position of Community nationals who move to another Member State in search of employment. Section II will summarise the traditional legal status of the workseeker viewed as an economic factor of production. Section III will explore the new legal status of the workseeker viewed as a citizen of the European Union. Section IV will offer some brief comments on the Commission’s 2001 proposal for an umbrella directive on free movement for Union citizens, and its implications for the migrant workseeker. It will be argued, through this analysis, that the institution of Union citizenship, so often criticised for its ‘us and them’ mentality in the treatment of third country nationals, is equally characterised by a ‘haves and have-nots’ approach to its own members—thus presenting a model which (albeit for perhaps understandable pragmatic reasons) is not necessarily in the best interests of maximising economic efficiency within the Common Market, places limits on certain of the political aspirations vested in the process of European integration, and questions the depth or at least the methodology of the Community’s stated commitment to attaining high levels of social protection.

Free Movement: The Workseeker as Citizen

This article is concerned with the legal position of Community nationals who move to another Member State in search of employment. Section II will summarise the traditional legal status of the workseeker viewed as an economic factor of production. Section III will explore the new legal status of the workseeker viewed as a citizen of the European Union. Section IV will offer some brief comments on the Commission’s 2001 proposal for an umbrella directive on free movement for Union citizens, and its implications for the migrant workseeker. It will be argued, through this analysis, that the institution of Union citizenship, so often criticised for its ‘us and them’ mentality in the treatment of third country nationals, is equally characterised by a ‘haves and have-nots’ approach to its own members—thus presenting a model which (albeit for perhaps understandable pragmatic reasons) is not necessarily in the best interests of maximising economic efficiency within the Common Market, places limits on certain of the political aspirations vested in the process of European integration, and questions the depth or at least the methodology of the Community’s stated commitment to attaining high levels of social protection.

Competence, discretion and third country nationals: The European Union's legal struggle with migration

With the Amsterdam Treaty the European Community has been granted a wide competence over the treatment of third country nationals seeking to come to or become resident in the European Union. This includes third country nationals who are seeking asylum in the territory of the Union. How this new competence will be exercised and what the results will be are still unclear, In this article 1 argue that there is a consistent approach in Community law towards migration which has developed from the principle of free movement of persons which has constituted an objective of the Community since the original Treaty in 1957. In the exercise of these powers the Community, as regards nationals of the member states, has devised clear rules which provide a maximum of choice to the individual at the expense of member state discretion. Can a consistent and coherent approach be applied towards third country nationals either within the territory of the Union or seeking to enter? This challenge which arises with the Amsterdam Treaty is considered here from an historical perspective.