Free Movement of Persons (Visas, Asylum, Immigration and Other Policies)
Free Movement of Persons (Visas, Asylum, Immigration and Other Policies) : The Treaty of Amsterdam, which entered into force in 1999, introduced a new Title IV into the Treaty establishing the European Community (1957). It covers the following fields: (1) free movement of persons; (2) controls on external borders; (3) asylum, immigration and safeguarding the rights of third-country nationals; (4) judicial cooperation in civil matters. These fields used to come under Title VI of the Treaty on European Union (1992) (Justice and home affairs), but now the Treaty of Amsterdam has "communitized" them, in other words, brought them under the legal framework of the first pillar. During a five-year transition period following the entry into force of the Treaty of Amsterdam: (1) the European Commission shares the right of initiative with the EU Member States; (2) the Council acts unanimously (except for certain rules on visas) after consulting the European Parliament; (3) the European Court has jurisdiction in accordance with the rules of the EC Treaty (apart from a few exceptions under Article 62.1, TEC). After this five-year period: (1) the Commission will have sole right of initiative; (2) the Council will be able to decide unanimously, after consulting the European Parliament, on the application of qualified-majority voting and the co-decision procedure; (3) however, the transition to qualified-majority voting and to the co-decision procedure will be automatic (without a unanimous vote by the Council) for the issuing of visas and the rules concerning the uniform visa. The Treaty of Nice, which entered into force in 2003, has extended the scope of this automatic transition from unanimous to qualified-majority voting. First, qualified-majority voting applies from the entry into force of the Treaty in the fields of asylum and refugees (on condition that Community legislation has been adopted) and of judicial cooperation in civil matters with a cross-border dimension, except for aspects involving family law. Second, qualified-majority voting will apply from 1 May 2004 (in accordance with the five-year transition period) to measures concerning the free movement of nationals of non-member countries on the territory of the EU Member States for a maximum period of three months, illegal immigration, and administrative cooperation on the free movement of persons. On the basis of the Treaty of Amsterdam, the United Kingdom and Ireland have opted out of measures taken under Title IV Denmark. will participate only in measures relating to visas. See: Free movement of workers
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