The Amsterdam Treaty In The Elderly

The Amsterdam Treaty in the elderly

Introduction

The Amsterdam Treaty first established the community competence on immigration and asylum, including it within Title IV, called visas, asylum, immigration and other policies related to the free movement of people, although leaving an important margin of action to the Member States , since these had the right to veto regarding the decisions of the council that needed unanimity to legislate.

Developing

Although the right of asylum evolved and is currently considered a subjective right and not so much of the states, there is a limit to this right that is national sovereignty and must always be respected, since as José Carlos Fernández says the origin of the powers of the powers of The EU … does not diminish European sovereignty, but it is the states themselves who confer competencies as representatives of citizens organized by the States, which makes it difficult to create a common asylum system, since the member states put the interests ahead of its citizens that the common interest despite the efforts by the EU. 

It is therefore necessary the agreement of the states and often the solidarity of these to achieve an efficient common system that allows an effective response to the migratory crisis. After the immigration crisis arising from the conflicts that are taking place in the Middle East especially in Syria, the European Union is urgent to give an effective response to the problem, since the existing mechanisms of the legal migration system were obsoleted.

The common asylum policy is between the shared powers of the EU and the states. However, the inability of coordination by these to give an effective response and the effect of the norm of one State has on another, it has produced that the EU becomes more and more competences establishing common standards of action by passing over thetraditional conception of asylum right as a state right.

Among these powers assumed by the EU we find the competence in procedural matters when in principle this competeArticle 78 TFUE By which the legislation of member countries is tried to harmonize as well as pursueof people with special needs such as minors.

conclusion

There is an attempt by the EU of assuming control in terms of equitable applications to prevent that due to the geographical position of countries such as Italy and Greece these are overwhelmed, it is currently a failure due to the opposite reaction they havecountries with protectionist governments that are against this distribution, so this measure can be considered as ineffective.

Another competence assumed by the EU in terms of immigration and asylum has been the agreement with third countries such as Turkey and Morocco being this very criticized system, since in these third countries that are not guaranteed, respect for the fundamental rights of the fundamental rights of the fundamental rights of the fundamental rights ofconsidered legal migrants, although it must be noted that it has been successful when controlling the migratory flow to Europe.