Abstract

The establishment of an immigration control system is closely connected with the realisation offree move ınent of persons. As freedom of movement of persons is designed for the citizens of the EU, there is presently no right of free settlement for the Third Country Nationals legally residing in one of the Member States. Immigration law is a highly politicised area of law and policy in all the Member States, being subject to constant change and amendment. With the current structure, the EU will not be capable to deal with the present and future developments in the field of immigration. It is clear that here is a need for regulation that goes further then regulation on the national level. In principle supranational cooperation in this area is very necessary. Immigration is a long-standing phenomenon, which must be understood with reference to its structural clauses and its global character. Intergovernmental cooperation where the emphasis is laid by the sovereignty of the Member States seems not sufficient to solve the problem of the growth of immigration issues. This paper will focus on the development of the European Community's competence in immigration law. It will analyze whether immigration law is becoming supranational and to what extent and in what way immigration policies are affected by European integration.

Keywords

• Immigration
• The European Union
• Free Movement of Persons
• Supranationalism
• Intergovernmentalism.

The Immigration Policy and Process of European Integration: Supranationalism versus Intergovernmentalism?

Öz

The establishment of an immigration control system is closely connected with the
realisation offree move ınent of persons. As freedom of movement of persons is designed
for the citizens of the EU, there is presently no right of free settlement for the Third
Country Nationals legally residing in one of the Member States.
Immigration law is a highly politicised area of law and policy in all the Member
States, being subject to constant change and amendment. With the current structure, the
EU will not be capable to deal with the present and future developments in the field of
immigration. It is clear that here is a need for regulation that goes further then
regulation on the national level. In principle supranational cooperation in this area is
very necessary.
Immigration is a long-standing phenomenon, which must be understood with
reference to its structural clauses and its global character. Intergovernmental
cooperation where the emphasis is laid by the sovereignty of the Member States seems
not sufficient to solve the problem of the growth of immigration issues.
This paper will focus on the development of the European Community's
competence in immigration law. It will analyze whether immigration law is becoming
supranational and to what extent and in what way immigration policies are affected by
European integration. 

Anahtar Kelimeler

• Immigration
• The European Union
• Free Movement of Persons