Immigration to the European Union : the EU, Estonia and Malta providing access for third country nationals to the EU

Abstract

For some time now, the EU has been regulating the field of immigration. Several years ago, immigration control was considered a pure sovereign right and it was the obligation of the state to protect its borders from unwanted immigrants. Therefore, it is interesting to show how the step by step development of European immigration control has led to common EU immigration and asylum legislation. This thesis looks at the different access possibilities for third country nationals entering the EU. It considers the different ways people immigrate to Europe, both legally and illegally. The access possibilities for family reunification, students, researchers and workers are examined. Applying for asylum is one way third country nationals can access EU member states, and will be discussed throughout the thesis. This study examines how EU immigration law is applied in two small EU Member States that joined the EU in 2004, Estonia and Malta. The aim is to evaluate whether the access of third country nationals to Europe through these member states has been simplified since joining the EU. Are the rules of access to the EU clear? What kind of problems has the implementation of EU law created for small new member states? In the course of this research, it will be analysed whether EU law has clarified the position of third country nationals as regards access to the EU or whether EU law has created problems for small EU member states. As a result of the findings, it is argued that third country nationals can access the EU in a variety of ways, which are only partly regulated at the EU level. The member states still have a large amount of discretion in deciding to whom they can grant access. EU law, which aims to clarify the position of third country nationals, has maintained and even increased the broad categorization of immigrants. In Malta, the application of EU law has brought about more difficulties than were foreseen but ignored as the desire to achieve EU membership took precedence. In the case of Estonia, the application of EU rules has expanded access to some migrants, as new forms of international protection have been introduced.