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From Black Market to Constitution: the Development of the Institutional Framework for EC Immigration and Asylum Law

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Chapter Summary

This chapter outlines the development of EU and EC competence and decision-making rules, along with jurisdiction of the Court of Justice, concerning asylum and immigration law. The first opportunity to re-examine the informal intergovernmental approach that initially governed cooperation between Member States on immigration and asylum matters came with the 1991 negotiations at the Intergovernmental Conference (IGC) to establish "a political union", that ultimately concluded in agreement on the Treaty on European Union (TEU, or Maastricht Treaty), in force from 1 November 1993. The Commission's detailed submissions at the outset of the IGC that negotiated the Treaty of Nice suggested a complete move to a qualified majority vote and co-decision for all aspects of Title IV at the end of the five-year period. The EU's draft Constitutional Treaty was initially negotiated within the framework of a Constitutional Convention, made up of delegates from national governments and parliaments and EU institutions.

Keywords: asylum law; Constitutional Convention; framework; immigration law; Intergovernmental Conference (IGC); Maastricht Treaty; Treaty of Nice

10.1163/ej.9789004153745.i-1027.10
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