European Migration Law: policies and news in the field of asylum, immigration and free movement of people.

Immigration

REGULATION (EU) 2016/399 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)

Internal borders may be crossed at any point without a border check on persons, irrespective of their nationality, being carried out.

Article 22 – Adil C-278/12 PPU
Article 22 – Melki C-188/10 et C-189/10
Article 22 – A. - Case C-9/16

Borders management
- Schengen Borders Code
  - Regulation (EU) 2016/399 of the European Parliament and the Council on the Schengen Borders Code (codification)
  - > Old texts
- European Border and Coast Guard/Frontex
  - Regulation (EU) 2019/1896 on the European Border and Coast Guard
  - Regulation (EU) No 656/2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by FRONTEX
  - > Former texts related to Frontex
- Schengen Evaluation
  - Regulation (EU) 2022/922 Schengen Evaluation Mechanism
  - Council Regulation (EU) N° 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism of the Schengen acquis
- Entry/Exit system
- Local border traffic at the external land borders
  - Regulation (EC) n° 1931/2006 rules on local border traffic
  - Regulation (EU) n° 1342/2011 amending regulation n° 1931/2006 and including Kaliningrad in the eligible border area
- Simplified regime for the control at external borders
  - Decision n° 895/2006/EC documents equivalent to visas for the purposes of transit
  - Decision n° 896/2006/EC recognition of residence permits issued by Switzerland and Liechtenstein
- EUROSUR system
  - Regulation (EU) N° 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur)
  - Commission Implementing Regulation of 9 April 2021 on the situational pictures of EUROSUR

Short term visas
- List of third countries whose nationals must be in possession of short term visas
  - Regulation (EU) 2018/1806 list of third countries whose nationals must be in possession of visas or exemped from visas requirement
  - Old texts
- Visa Code
- Visa information system
- Agreements on the facilitation of the issuance of visas
- European Travel Information and Authorisation System (ETIAS)
  - Regulation (EU) 2018/1240 establishing a European Travel Information and Authorisation System (ETIAS)

Admission and stay
- Students and pupils
  - 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
- Researchers
  - Council Recommendation of 12 October 2005 to facilitate the admission of third-country nationals to carry out scientific research in the European Community (2005/762/EC)
  - Council Directive 2005/71/EC specific procedure for admitting third-country nationals for the purposes of scientific research
- Research, studies, training, voluntary service, pupil exchange
  - Directive (EU) 2016/801 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast)
- Highly skilled workers/EU Blue Card
  - Council Directive 2009/50/EC "Blue Card"
  - Directive (EU) 2021/1883 of 20 October 2021 EU Blue Card
- Single permit
  - Directive 2011/98/EU "Single Permit" and common set of rights for workers
- Seasonal Workers
  - DIRECTIVE 2014/36/EU seasonal workers
- Intra Corporate Transfert
  - Directive 2014/66/EU intra-corporate transfer
- Family reunification
  - Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification
- Long term residents

Irregular migration
- Carriers sanctions
  - Directive 2001/51/EC Carriers sanctions
  - Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data
- Unauthorised entry, transit and residence
  - Council Directive 2002/90/EC defining facilitation of unauthorised entry, transit and residence
  - 2002/946/JHA strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence
- Victims of trafficking in human beings
  - Directive 2004/81/EC residence permit issued to third-country nationals who are victims of trafficking in human beings
  - Directive 2011/36/EU on preventing and combating trafficking in human beings
- Sanctions against employers of illegally staying third-country nationals
  - Directive 2009/52/EC minimum standards on sanctions and measures against employers of illegally staying third-country nationals

Return of third country nationals in an irregular situation
- European travel document for the return
  - Regulation 2016/1953 on the European travel document for the return
- Return Directive
  - Directive 2008/115/EC on common standards and procedures for returning illegally staying third-country nationals
- Mutual recognition of expulsion decisions
  - Council Directive 2001/40/EC Mutual recognition of decisions on the expulsion of third country nationals
  - Council Decision (2004/191/EC) setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC
- Assistance in cases of transit
  - Council Directive 2003/110/EC Assistance in cases of transit
- Joint flights for removal
  - Council Decision 2004/573/CE on the organisation of joint flights for removals
- Readmission agreements with third countries

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