The Research On EU International Immigration Legal System

The mainstreaming of integration issues in the EU, together with essential aim of abolishment of internal border in four categories, that is, the free movement of goods, capitals, services and persons, has led EU to establish considerably internal and external regional legal system in immigration context. Hence, the research of EU international immigration law by the method connecting regional legal system together with activities of person mobility may leave many to answer how regional harmonization of legal system of international immigration is realized. The argument of this paper is divided into eight chapters and organized as follows:Chapter one will firstly analysis and describe the definition, nature, categories of international immigrant and dynamic theories of person mobility. International immigration should be defined as the person may carry out cross-border movement and resident the period of time outside nationality state or birth state voluntary or involuntary. The types of international immigrant can be divided into legal immigrant, illegal immigrant, forced immigrant and return immigrant. Nevertheless the process of immigration activity witnesses the diversity of incentives which are combined together to push the international immigration step forward continuously. Yet the comprehensive impulsion of international immigration dominated that the legislation and policy managing immigration are always coupled with dual contradictions, named acceptance or refusal and inclusive or exclusive which to a great extent undermine the immigration reform and integration policy. Moreover the paper will also recognize the fundamental theories by which legal system of international immigration should be founded. Firstly the principle of nationality impose politico-legal term denoting membership of a State, which creates the linkage of belongs between individuals and different nations, wherever the international immigrant stay or present, he may enjoy the protection of nationality state through the norm of nationality. In an international sense, citizenship may posses the similar meaning with nationality. however, there are some distinctive characteristics between them, for instance, the norms of citizenship had extend to the supranational sphere, under which EU citizenship had been created to maintain their rights of free movement inside EU. Furthermore, the right of free movement should be considered as the core rights relating to international immigrants, which include right of leave, right of return, right of resident etc. Finally, in immigration context, guarantees of non-discrimination and equal treatment have been implemented at the European level and have been construed to facilitate free movement of person.Chapter two will attempt to elaborate a theoretical framework for understanding several distinct approaches to integration policy govering free movement of person in the EU, including historical evolution of EU transnational immigration, orientation of EU integration policy and structural foundation of EU legal system of international immigration. In response to its complicated experiments involved transformation from international common policy to external third-country national polity, EU institutions and its member states have endeavored to harmonize immigration policies, improve control over external borders, unify the common visa policy, coordinate the EU refugee and asylum legal system as well as anti-illegal immigration measures. Nonetheless, the treaty of Amsterdam created a higher cooperation by integrating the area of freedom, security and justice into EU first pillow which represents the supranational-based cooperation. It is notable that at the Tampere Summit in October 1999, the EU Council outlined the elements of a comprehensive immigration policy. It called for a balance between humanitarian and economic admissions and provided that Third country nationals legally residing in EU member states should be granted a set of uniform rights which are as near as possible to those enjoyed by EU citizens by council directive of family union and the long-term resident directive.Chapter three will focus on the establishment of EU common internal immigration policy under its integrated market. The European Union has achieved impressive levels of economic harmonization; the free movement of goods and services within the common market is the cornerstone upon which the rest of European integration is based. Under the EC Treaty, European citizenship guarantees citizens, as well as goods, the right of free movement within the common market, albeit subject to other conditions within the Treaty. Nonetheless, European citizenship--carefully crafted as a supplement to national citizenship rather than its replacement sets a precedent, that is, citizens of any Member State possess the right to enter, reside, work, or attend school in any other Member State. Whereas those rights are not deemed to considered as exclusive freedom, but orientated by economic factors and coupled with the restriction of provisions of public policy as well. Nevertheless, after completion of enlargement, EU is facing the most pressing challenge of EU 27, which present two significant questions which are addressed from various perspectives, first is how international mobility ruptures the neat coincidence of territorial enlargement and state membership. And second is how much extends the immigrant flowing from new EU member states with economically-undeveloped features into old industrial member states effects the domestic labor market of the latter. It is believed that there are supposed to be two kinds of settlements currently, including the short-term method relying on restricting accession of immigrants in transition period and the long-term aim with development of the economies of the newcomers of EU.Chapter four will outline the external legal system of EU immigration governing third-country nationals. To facilitate the free movement of persons, the Schengen Instruments aimed to abolish controls at the common, internal frontiers, as well as synchronize controls at the external frontiers by harmonizing immigration, visa, and asylum policies and increasing cooperation in the policing of external borders and enforcing laws. With respect to resident right of non-EU nationals no less three months and right of free movement within the territories between member states of EU, the Member States have retained substantial authority to regulate the access of long-term residents to their respective labor markets. Only a "marginal" mobility between two Member States is foreseen and even that can be further restricted and regulated by the second Member State utilizing various methods, including the application of a quota system. As such, the level of arrangement must move beyond addressing either side of the border abolishment, or the border control, for that matter,two frameworks have been created for the implement of the EU external policies on third-country nationals, which can be recognized as association agreement between EU and third counties and European neighborhood policy.Chapter five will further extend to discuss the pattern of EU external immigration policy, that is, EU refugee and asylum legal system. The fundamental characteristic of the approach of the EU towards refugees is the combination of asylum and immigration. Nevertheless, refugee status ought to be about protection at considerable integration level in EU. Trying to prevent the phenomena of asylum shopping and avoid the asylum application being launched in different member states of EU contemporarily, Dublin convention and Dublin II regulation have been designed to allocate responsibility of state for examining asylum application solely in practice. Nonetheless, council directive of reception of asylum seekers make them possible enter into labor market of member states. Moreover, council directive regarding qualification and status of third country nationals as refugees or as persons who otherwise need international protection and directive regarding procedures for granting and withdrawing refugee status are combined with together to provide a legal framework for protection refugees and asylum seekers substantially and procedurally. However, it should be emphasized that EU refugee and asylum policies impose strong politics discrimination and sensitivity. The usage of concepts of"safe third country"and"safe original country"as its explanation implies, seem to actually interfere the internal affairs of other countries.Chapter six will highlight the protetion of social security right of internation immigrants in EU. In general, the right of socail security which is closely related to the identity-based and the state sovereignty of each Member State, has made it very difficult to reach a harmonization of policy at EU level. The lack of full social right integration of immigrants in the Community is likely to increase reliance on the welfare safety net of the Member States. However, the abolishment EU internal borders required EU to take into account the need for consistence policy protecting the immigrants'benefits when they move from one country to others and avoiding the conflicts attributable to divergence of laws in different member states. Therefore, the current legal mechanism involved social security at EU level may be identified as a coordination approach with conflict rules to settle the disputes resulting from diversity of laws.Chapter seven will finally stress the scope of international immigration legal framework in China and propose its connected relationship with EU. In China, the flow of immigrant experiencing the contemporary trends has left many to ponder how such development affects our lives and our futures. It can not be simply to impose a temporary, closed-door motivated policy to restrict out-flows of Chinese nationals, which had been proved not being an effective way to the prosperity of the country. Nevertheless Chinese government is accounting for possible multi-national corporations and trade regimes that made international borders increasingly permeable. It is undoubted if the facilitation of person mobility evident today has been met with increasing warning and alarm, then Chinese legal system involved safeguarding the external border security and management immigrant should be consolidated through various facets of measures as follows: (1)promote the theoretical research on international immigration law; (2)consolidate the control and management of external border and harmonize the fragmentation of laws;(3)create the network of exchanging information involved immigration management;(4)cooperate for anti-illegal immigration and defeat organized cross-border crimes and establish readmission of illegal immigrant framework;(5)improve the consular protection system to ensure the safety of Chinese overseas nationals;(6) make high-technological immigrants` return through transferring intelligence out-flows into intelligence in-flows.