Institutional and Policy Dynamics of EU Migration Law


The main objective of this book is to present the on-going process of European integration via a comprehensive analysis of the institutional dynamics of, and politics linked with, the emerging migration law and policy of the European Union. More specifically, it presents the historical evolution, the main institutional legislative and policy steps, the position of, and interactions among, the different actors, and the factors impeding the formation of a common policy at EU level. On this basis a critical analysis is provided of the main institutional problems, the current policy framework, the overarching rationale as well as of the content and quality of the nascent EU migration law.
The book is divided into three parts. The first two parts provide a comprehensive study of the institutional framework and the substantive EC/EU law respectively. The third and final part provides a more general analysis of the policy-making process. Since the major achievements in the field of migration are recent, the book focuses to a great extent on the post-Amsterdam era. However, for reasons of coherence and in order to better evaluate recent developments, a concise overview of the origins of this policy is provided. Moreover, special emphasis is placed on the Schengen acquis, since its mark on European affairs has been and remains pronounced. Overall the attempt has been to provide an account, which is up to date with extensive historical references and combines both an academic and practical perspective to the legal and political issues involved. The approach based on the above elements will contribute to a new understanding of the main aspects of EU migration law and its policy ramifications and will be of use to both academics and practitioners alike.

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Georgia Papagianni, Dr., holds a Ph.D. Degree on European Migration Law and Policy from the European University Institute (Florence, Italy), Masters Degrees from the College of Europe (Bruges, Belgium) and the Université Libre de Bruxelles (Brussels, Belgium) and a B.A. in Legal Studies from the Aristotle University of Thessaloniki (Thessaloniki, Greece). Since January 2002 she has been employed by the Greek Ministry of Foreign Affairs (DG C4 “Justice, Home Affairs & Schengen”). During the Greek Presidency (January-June 2003) she was the chairperson of the Council Working Groups “Migration-Admission” and “Migration-Expulsion”. She has also been a trainee at the European Commission (DG XV, Unit A/3 Free Movement of Persons) and a Researcher at the Institute for European Legal Studies in the University of Liège, Belgium. She has published various articles in the field of Justice and Home Affairs.
General Introduction;
List of Abbreviations;
PART I: The Institutional Framework:
Chapter 1: The Institutional Framework Ante-Amsterdam;
Chapter 2: The Institutional Framework Post-Amsterdam;
PART II: Substantive Law – The Emergence of a European Migration Policy:
Chapter 3: The Intergovernmental and EU Acquis before 1999;
Chapter 4: The Treaty of Amsterdam: Forging a European Migration
Law ;
PART III: Policy-Making in Migration:
Chapter 5: Policy-Making in Migration (Part I): The Role of Different Actors; Chapter 6: Policy-making in Migration (Part II): An Overall Critical Analysis of Europe’s Nascent Migration Law and Policy; General Conclusions:
EU Migration Law and Policy in a Nutshell; General Bibliography;