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欧盟的政治一体化【英文】

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INTEGRATION POLICY IN THE EUROPEAN UNION THE QUESTION OF COMPETENCE John Handoll INTRODUCTION ? ? ? To discuss how question of competence – as between EU and its Member States has been addressed in area of third-country national integration policy. “Constitutional” rules in EU Treaties (TEU, TFEU and CFREU). Restatement with entry into force of Lisbon Treaty (1 December 2009). EU has exercised competence in a number of areas relevant to integration of thirdcountry nationals, including immigration policy relating to “conditions of entry and residence” (Article 63(3)(a) TEC) and now to “fair treatment” and definition of rights of legally-resident TCNs (Article 79(1) and (2) TFEU) Before Lisbon Treaty, recognised (as now) that primary responsibility for integration policy lay with Member States rather than Union as whole. Recognised that EU could and should support and incentivise national integration policies in a number of different ways. However, there was no specific Treaty basis for doing so. Now Article 79(4) TFEU allows EU measures to incentivise and support Member State action promoting the integration of third-country nationals legally residing in territories, excluding any harmonisation of laws and regulations of Member States. What does this mean? ? ? ? OUTLINE ? General Framework for Competence under the EU Treaties ? EU Competence in the Immigration/Integration Policy Field – Immigration Measures – Measures Supporting/Incentivising Member State Action ? Relationship between Article 79(1) & (2) (b) and Article 79(4) TFEU ? “European cooperation in the field of integration” COMPETENCE: THE EU TREATIES ? TEU (Articles 4 and 5): – Principle of conferral. Competences not conferred on Union remain with Member States ? TFEU (Article 2). Union competence may be: – Exclusive – Shared (see Protocol No. 25) – “Supportive” of Member State action, without superseding Member State competence. ? Charter of Fundamental Rights of the EU (Articles 51 and 52) EU COMPETENCE: IMMIGRATION/INTEGRATION POLICY ? TFEU (Article 4(2)(j)): – Shared competence in area of FSJ (including immigration policy). ? TFEU (Article 79(1) and (2)(b)): – Immigration policy includes “fair treatment” of legallyresident TCNs and EU has power to adopt measures in relation to definition of their rights. ? TFEU (Article 79(4): – Measures to provide incentives and support for action of Member States with a view to promoting integration of legally-resident TCNs, excluding any har



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