EU Immigration and Asylum Law: Commentary

The EU has usurped essential parts of the national laws of immigration and asylum. Hence, European Directives and Regulations have become more important for the immigration departments and administrative tribunals.

From German Courts alone, more than five referrals on the interpretation of Directives, especially in the area of the so-called Qualification-Directive (criteria for the recognition as a refugee,) have been made to the European Court of Justice.

The immigration departments, too, are obliged to interpret national law, according to European Directives and Regulations. Accordingly, in most of the European member states numerous courts are required to decide on the basis of the European law in the field of immigration and asylum.

For example, the following pieces of European legislation have been dealt with in detail:

• Directive on the qualification and status of refugees
• Directive on asylum procedure
• Directive on the admission of students
• Directive on the admission of researchers
• Family reunion Directive
• Blue Card Directive
• Directive on the return of third-country nationals
• Dublin Regulation, including Dublin Implementation Regulation and Eurodac