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Human Rights Challenges in the Areas of Asylum and Immigration: EU Policies and Perspectives ** *** Margit Ammer and Joachim Stern I. Introduction Since the entry into force of the Treaty of Amsterdam in 1999, the European Union has adopted legally binding ‘measures aimed at ensuring the free movement of persons […] in conjunction with directly related fl anking measures with respect to external border controls, asylum and immigration’. These policies together with the prevention and combating of crime have been generally characterized as a contribution to fi nally bring about an ‘area of freedom, security and justice’ – for EU citizens. The resulting policies – now required to be ‘fair towards third-country nationals’ under Article 67(2) Treaty on the Functioning of the European Union (TFEU) – have major implications for non-EU citizens immigrating to or seeking asylum in the EU. International organizations, scholars and NGOs have criticized that EU policies – particularly since 9/11 – focus too much on the prevention of and fi ght against ‘irregular migration’ and thereby neglect the obligation to ensure access to protection and to uphold rights of migrants in the EU. This paper aims at identifying selected human rights challenges relating to
Austrian Review of International and European Law Online – Brill
Published: Oct 1, 2014
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