Visa Policy within the European Union Structure

By: Annalisa Meloni

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Paperback | 16 November 2005

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234 Pages

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22.86 x 15.24 x 0.64

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The book focuses on the common visa policy as a case study on the constitutional structure of the European Union. After introducing the nature of visas, the book concentrates on the difficulties in forging a common visa policy at European level. Cooperation on visas has been characterized by a continuous reformulation of the framework for cooperation. The book describes cooperation before the Treaty on European Union adopted at Maastricht, under the Maastricht Treaty, and under the Treaty of Amsterdam. Furthermore, the book traces the essential characteristics of the common visa policy.

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Foreword	p. V
List of abbreviations	p. XI
Introduction	p. 1
Visas in international and municipal laws	p. 7
Limits on state discretion over the movement of persons across state frontiers	p. 7
State discretion over entry, residence and expulsion of aliens	p. 7
Limits on the State's discretion over exit of its nationals	p. 19
Basic international law rules governing movement across frontiers	p. 20
Legal and political significance of passports and visas	p. 24
Definition and functions of passports	p. 24
Definition and functions of visas	p. 31
Conclusion	p. 41
From early cooperation to failure of the Maastricht system	p. 43
The proposed passport union	p. 43
Pre-Maastricht Cooperation	p. 46
The Single Market Project and interpretation of Article 8a	p. 46
Intergovernmental cooperation: the Ad hoc Group on Immigration and the Coordinators Group	p. 49
The Schengen Convention	p. 52
The Treaty on European Union agreed at Maastricht	p. 64
The negotiations	p. 64
The Third Pillar on Justice and Home Affairs	p. 67
Article 100c EC	p. 74
Progress on visa policy under the Maastricht Treaty	p. 75
The Visa Regulation and the Draft External Frontiers Convention	p. 75
The Joint Action on Airport Transit Visas	p. 80
The Regulation on a uniform format for visas	p. 81
Other measures	p. 82
Conclusion	p. 83
Visa policy under Amsterdam: restrictiveness and flexibility	p. 85
The negotiations leading to Title IV EC on visas, asylum, and immigration	p. 85
The legal framework under Title IV EC	p. 88
The legal basis	p. 88
The variable geometry arrangements	p. 91
Jurisdiction of the ECJ	p. 96
Provisions safeguarding national competence	p. 97
Emergency situations	p. 98
The Vienna Action Plan and the Tampere European Council	p. 99
Characteristics of the emerging common visa policy	p. 100
Restrictiveness	p. 100
Flexibility	p. 109
No progress	p. 114
Airport Transit Visas	p. 114
Free movement for visa holders	p. 115
Measures under development	p. 115
Changes proposed by the Constitutional Treaty	p. 116
Conclusion	p. 118
Consistency I: the cross-pillar nature of visa policy	p. 121
Managing the three-pillar structure: the EU as a unity	p. 121
Relationship between the Pillars	p. 121
Consistency	p. 127
The EU as a single system	p. 135
Consistency of Union activity under the Maastricht Treaty	p. 138
Disputes over competence	p. 138
Cross-pillar measures	p. 139
Consistency of Union activity under the Amsterdam Treaty	p. 141
Nature of the common visa policy: mutual recognition of entry conditions and cooperation under the intergovernmental Pillars	p. 141
Local consular cooperation	p. 155
Conclusion	p. 161
Consistency II: the 'area of freedom, security and justice'	p. 163
Consistency and maximization of Union activity	p. 163
The European Council: formulating Union policy	p. 164
Conclusions of the European Council	p. 165
Common strategies	p. 172
Implications of the role and approach of the European Council	p. 174
The Council and the Commission	p. 176
The Vienna Action Plan	p. 177
Comprehensive Plan to combat illegal immigration and trafficking in human beings	p. 178
Integration of justice and home affairs concerns in the EU external policies	p. 179
Coordination of treaty objectives	p. 183
Conclusion	p. 187
Conclusions	p. 189
Annex	p. 199
References	p. 203
Table of cases	p. 215
Index	p. 219
Table of Contents provided by Ingram. All Rights Reserved.

Visa Policy within the European Union Structure

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