A critical analysis of the EU legal framework dealing with illegal immigration
- The different means perfected by the communities to develop its common policy in this domain.
- The decisions which strictly depend on the member state.
- The evolutions and the objectives of EU legal framework dealing with illegal immigration.
- The respect of human rights as fundamental notion.
- Risk of violation of Human rights in the framework of the European policy of return in the third countries.
- Regulations put in application: Spain and Italy.
Arousing the passions and the divisions, the migration is apprehended by some Europeans as a danger for the national identity and is approved by the others as a source of cultural diversity. Many forms of illegal immigration are observed. The migrants can enter a member states by land, air or sea. Also a lot of these illegal entries are made thanks to the utilization of false or forgotten documents and organized crime networks. Nevertheless many people penetrate legally thanks to a visa but exceed the time authorized or modify the aim of their stay without the agreement of the government. Finally some asylum seekers do not leave the country even after a negative response. The Europeans have emigrated to places all over the world for centuries. Europe has received supplies from a lot of foreign cultures and populations during its history. The migration process is a huge part of the common history. It is a natural phenomenon of the exchanges and relationships between human communities.
[...] II: The respect of human rights as fundamental notion The risk of violation of Human rights in the framework of the European policy of return in the third countries A lot of migrants lose their life while they are trying to enter into Europe illegally. When they are in Europe a lot of them live in deplorable situations, dangerous conditions and are victims of exploitation. So as the international instruments are applied for all human beings, the illegal migrants can also benefit from these regulations which consist of social, economic and politic protections. [...]
[...] To explain the EU legal framework dealing with ILLEGAL IMMIGRATION we will see in the first part the different means from the Union to struggle against that and in a second part the place lets at the respect of human rights and some examples from Spain and Italy. The different means perfected by the Communities to develop its common policy in this domain The decisions which strictly depend on the member State themselves The admission of third-country nationals for the proposition of employment is governed by their own legislation. [...]
[...] The European Court on human rights estimated that this expulsion would be a problem with the Article 3 of the European convention on Human rights, so that would engage the responsibility of this State. The Article 19 of the Human rights Charter corresponds to Article 4 of protocol to the European Convention for the protection of human rights and fundamental freedom (1963) as well as the Article 7 of the International covenant on civil and political rights (1966), reminds that collective expulsions are prohibited and no one may be removed, expelled or extradited to a state where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman treatment. [...]