Preface

v

Acknowledgments

vii

List of Authors

xiii

List of Abbreviations

xv

General Bibliography

xix

ch. I

Introduction into the EU immigration and asylum law / Kay Hailbronner

1

I.

General remarks on the nature and structure of EU immigration and asylum law directives and regulations

1

II.

International legal framework of European immigration and asylum law

10

III.

The Charter of Fundamental Rights

18

IV.

Application of EU directives in domestic law

22

V.

Interpretation of EU directives and regulations

23

VI.

Minimum standards and more favourable treatment clauses

24

ch. II

Entry of third-country nationals

29

1.

Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement / Andrea Egbuna-Joss

29

A).

Text of Council Regulation (EC) No 539/2001

29

B).

Literature

37

C).

Interpretation

37

2.

Regulation (EC) No 562/2006 of the European Parliament and the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) / Andrea Egbuna-Joss

63

A).

Text of Regulation (EC) No 562/2006

63

B).

Literature

102

C).

Interpretation

102

ch. III

Residence of third-country nationals

149

1.

Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification / Cordelia Carlitz

149

A).

Text of Council Directive 2003/86/EC

149

B).

Literature

160

C).

Interpretation

161

2.

Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service / Julia Schieber

287

A).

Text of Council Directive 2004/114/EC

287

B).

Literature

298

C).

Interpretation

299

3.

Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research / Kay Hailbronner

365

A).

Text of Council Directive 2005/71/EC

365

B).

Literature

376

C).

Interpretation

376

4.

Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities / Marcel Kau

429

A).

Text of Council Directive 2004/81/EC

429

B).

Literature

437

C).

Interpretation

438

5.

Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals / Florian Schierle

533

A).

Text of Council Directive 2009/52/EC

533

B).

Literature

545

C).

Interpretation

546

6.

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents / John Handoll

589

A).

Text of Council Directive 2003/109/EC

589

B).

Literature

605

C).

Interpretation

605

7.

Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment / Julia Margarethe Schmidt

683

A).

Text of Council Directive 2009/50/EC

683

B).

Literature

703

C).

Interpretation

703

ch. IV

Asylum Law

803

1.

Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof / Achilles Skordas

803

A).

Text of Council Directive 2001/55/EC

803

B).

Literature

818

C).

Interpretation

819

2.

Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers / Markus Peek

871

A).

Text of Council Directive 2003/9/EC

871

B).

Literature

884

C).

Interpretation

885

D).

Recast Proposal: Proposal for a Directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers - COM (2008) 815 final/2 of 9/12/2008, 2008/0244 (COD)

963

3.

Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

985

Art. 1-10

Kay Hailbronner/Simone Alt

1006

Art. 11-19

Kay Hailbronner

1093

Art. 20-40

Hemme Battjes

1164

A).

Text of Council Directive 2004/83/EC

985

B).

Literature

1005

C).

Interpretation

1006

D).

Recast Proposal: Proposal for a Directive of the European Parliament and of the Council on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted - COM (2009) 551 final/2 of 23/10/2009, 2009/0164 [ect.]

1201

4.

Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status / Younous Arbaoui

1227

A).

Text of Council Directive 2005/85/EC

1227

B).

Literature

1257

C).

Interpretation

1257

D).

Recast Proposal: Proposal for a Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection - COM (2009) 554 final of 21/10/2009, 2009/0165 (COD)

1311

5.

Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national / Mathias Hermann

1351

A).

Text of Council Regulation (EC) No 343/2003

1351

B).

Literature

1368

C).

Interpretation

1368

D).

I Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of Èurodac' for the comparison of fingerprints for the effective application of the Dublin Convention

1422

II.

Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country [ect.]

1438

III.

Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of Èurodac' for the comparison of fingerprints for the effective application of the Dublin Convention

1449

IV.

Recast Proposal: Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person - COM (2008) 820 final/2 of 19/12/2008, 2008/0243 [ect.]

1454

ch. V

Termination of residence

1489

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals / Martin Schieffer

1489

A).

Text of Directive 2008/115/EC

1489

B).

Literature

1504

C).

Interpretation

1505