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RESEARCH PRODUCT

EU Migration policy to the test of fundamental rights

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The emergence of a common migration policy is recent, as the European Union tackles the issue of migration only belatedly. Common actions to regulate migration issues were implemented gradually from the 1970s, within a purely intergovernmental framework, then gradually within a common framework. This policy covers aspects relating to the entry and stay of third-country nationals on the territory of the European Union, the fight against irregular immigration and the control of external borders.The process of Europeanization of immigration and asylum rules has been a long and laborious one, and it remains unfinished due to states' attachment to their sovereignty. This is why the European Union's immigration and asylum policy is still a shared competence between the European Union and the Member States.The recent refugee crisis of 2015 not only highlighted the lack of solidarity between member states of the EU, but also revealed the weaknesses of the Common European Asylum System and the ineffectiveness of the Dublin Regulation, which places a greater burden on the countries of first entry.In addition, recent readmission agreements between the European Union and certain third countries, confirm the willingness of the EU and the Member States to outsource the management of migratory flows to countries with little concern of human rights, at the risk of violating the fundamental rights of asylum seekers.In our study, we are going to shed light on a common migration policy that is incomplete, and therefore not very united and sometimes oblivious to fundamental rights. The European Union, although a bearer of values seems to be moving away from them in the treatment of migrants.