Lisbon Treaty and Immigration

[Archie22]

Does anyone know if the Lisbon Treaty will have any effect on immigration and immigration rights specifically related to Ireland?

I ask reference to Irish, Europeans and non EEA people living in Ireland. Will there be any change if the treaty gets the green light? Will our rights be strengthend?

[walrusgumble]

Does anyone know if the Lisbon Treaty will have any effect on immigration and immigration rights specifically related to Ireland?

I ask reference to Irish, Europeans and non EEA people living in Ireland. Will there be any change if the treaty gets the green light? Will our rights be strengthend?

The lisbon Treaty provides that immigration and asylum issues are part of the secuirty and boarders, justice etc block

. This issue was raised in the Amsterdam Treaty in regard that the EU would get competence. As far as The Lisbon Treaty is concerned, any issues still require unaminous consent, ie any country can veteo a motion. The anti treaties fear, and its a well founded fear, that if the treaty is ratified etc, potential shifts in competence ie from unaminity to Q.M.V could be done without further treaties (making it difficult for ireland to use referendums) instead heads of state would agree to the change.

the irish politicans say that lisbon wont effect the current situation (ie any decision in europe in relation to this area as it must be agreed unanimously or majority vote) Note some parts of asylum and immigration can be voted by QMV (making it easier to get proposals in). ireland uk and denmark currently have an opt out clause in some areas, and that will continue to be the case if the treaty is passed or not. so long as ireland wish to continue this.

if that was the contrary it would be highly unlikely so many groups would be in favour of this treaty. Moreover all the anti immigration groups would be going bananas.

Regardless, this does not mean that states are not bound by decisions and legislation that is already in and will be made in the future- such as Directive 2004/38 EC. It still does not stop the Commission proposing new legislation etc.

Lisbon primarily deals with institutional reform in light of the new member states both european and nation wide. it further gives the european parliament and commission further scope in areas that were previously only decided on an unamnous basis by heads of state. in light of the global ecomonic climate, many states will not be so generous in their immigration polices with regard to non eea nationals, unless they (the national) follows the law.

[HOTSPURS]

For NON-EU Nationals who have been legally resident & are law-abiding & waiting for more than 3 yrs for their Naturalization decisions, will the Lisbon treaty be of any use?

[walrusgumble]

For NON-EU Nationals who have been legally resident & are law-abiding & waiting for more than 3 yrs for their Naturalization decisions, will the Lisbon treaty be of any use?

I am not sure if EU Treaties gives competence in certain areas in relation to non eu nationals ie immigration laws etc - EU recognises that so long as proportionatlity and ECHR and certain European Regulations are adherred to they have discretion to control their boarders - but it must be for a legitiamte aim. The areas they do have will not be extended by this treaty. However, the way things are done ie unanimious and QMV may change in favour of QMV

The law threats non Eu nationals or third country nationals as they are known , differently to Eu nationals. Non Eu nationals rely on their rights via marriage to EU citizen, or via naturalisation of a member state (when i say rights i dont mean fundamental human rights which is open to all) it really depends on the persons's personal circumstances. note Ireland UK and Denmark may or may not have opt out clauses in certain areas dealing with eg immgration and asylum

Lisbon is suppose to deal with the insitutional reforms needed for a 27 ms, and to change procedures for certain areas that EU treaties have already given competence to the European Institutions.

I stand to be corrected on anything here


there may of course be a realiance on Art 6 of the European Convention on Human Rights (fair and speedy decision) anyway before going to european courts you must extinguish all options in national courts

You should go to a lawyer and proceed to make an application to the High Court for an order of Mandamus on the grounds of unreasonable delay etc. I strongly urge that you check out www.courts.ie and look for KM v MJELR 2007 (may i think) Judge Edwards. Similar problem to you. do look at it.

[JAJ]

For NON-EU Nationals who have been legally resident & are law-abiding & waiting for more than 3 yrs for their Naturalization decisions, will the Lisbon treaty be of any use?

Not since it has been rejected by the Irish electorate.