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The Institutional FrameworkPost-Amsterdam

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Chapter Summary

This chapter provides a comprehensive analysis of the institutional aspects associated with the establishment of a Community migration policy within the framework of Title IV TEC. The term 'partial communitarisation' is mainly used in the literature in order to stress the fact that only a part of the former third pillar issues are transferred to the first pillar. The chapter explores the problems arising from both the Protocols and the newly communitarised legal bases of Title IV, as well as the pragmatic solutions that have been found in order to cut the various Gordian knots. It presents the recent developments that took place at Nice and within the framework of the Draft Constitutional Treaty process, while trying to draw some preliminary conclusions regarding the prospects for the future. Member States have also persistently refused to re-open the sensitive Schengen file and alter the shaky compromises of Amsterdam.

Keywords: Community migration policy; Draft Constitutional Treaty process; EU legal order; institutional framework post-Amsterdam; Member States; partial communitarisation; Title IV TEC



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