The impact of the Lisbon Treaty on the development of EU immigration legislation

Abstract

Although the status of the Lisbon Treaty is still pending, the possible impact that it can have on the EU’s immigration legislation is worth analysing and discussing. The importance of immigration, asylum and border control is evident in the fact that the topic is presented as early as in Article 3 of Title I of the Common Provisions of the Lisbon Treaty. It states that the Union 'shall offer its citizens an area of freedom, security and justice'. The common area is supposed to exist without internal frontiers where the free movement of persons is ensured. In order to provide for these rights, measures should be taken in the fi eld of border control, asylum, immigration and the prevention and combating of crime, as immigration raises problems in all these fi elds. The internal market is mentioned only after the issues of migration. The aim of this paper is to discuss whether or not these changes and the Lisbon Treaty can lead to the better management of immigration at the EU level and to see where Europe is heading in this regard. Competences, legislation making, and objectives are discussed in order to fi nd answers to questions about the development of common EU immigration legislation.