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Chapter Ⅰ. Introduction into the EU immigration and asylum law&Kay Hailbronner1

Ⅰ. General remarks on the nature and structure of EU immigration and asylum law directives and regulations1

Ⅱ. International legal framework of European immigration and asylum law10

Ⅲ. The Charter of Fundamental Rights18

Ⅳ. Application of EU directives in domestic law22

Ⅴ. Interpretation of EU directives and regulations23

Ⅵ. Minimum standards and more favourable treatment clauses24

Chapter Ⅱ. Entry of third-country nationals29

1. Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement&Astrid Epiney/Andrea Egbuna-Joss29

A) Text of Council Regulation (EC) No 539/200129

B) Literature37

C) Interpretation37

2. Regulation (EC) No 562/2006 of the European Parliament and the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)&Astrid Epiney/Andrea Egbuna-Joss63

A) Text of Regulation (EC) No 562/200663

B) Literature102

C) Interpretation102

Chapter Ⅲ. Residence of third-country nationals149

1. Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification&Kay Hailbronner/Cordelia Carlitz149

A) Text of Council Directive 2003/86/EC149

B) Literature160

C) Interpretation161

2. Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service&Kay Hailbronner/Julia Schieber287

A) Text of Council Directive 2004/114/EC287

B) Literature298

C) Interpretation299

3. Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research&Kay Hailbronner365

A) Text of Council Directive 2005/71/EC365

B) Literature376

C) Interpretation376

4. Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities&Marcel Kau429

A) Text of Council Directive 2004/81/EC429

B) Literature437

C) Interpretation438

5. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals&Florian Schierle533

A) Text of Council Directive 2009/52/EC533

B) Literature545

C) Interpretation546

6. Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents&John Handoll589

A) Text of Council Directive 2003/109/EC589

B) Literature605

C) Interpretation605

7. Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment&Kay Hailbronner/Julia Margarethe Schmidt683

A) Text of Council Directive 2009/50/EC683

B) Literature703

C) Interpretation703

Chapter Ⅳ. Asylum Law803

1. Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof&Achilles Skordas803

A) Text of Council Directive 2001/55/EC803

B) Literature818

C) Interpretation819

2. Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers&Markus Peek871

A) Text of Council Directive 2003/9/EC871

B) Literature884

C) Interpretation885

D) Recast Proposal: Proposal for a Directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers COM (2008) 815 final/2 of 9/12/2008, 2008/0244 (COD)963

3. Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted985

Art. 1-10 Kay Hailbronner/Simone Alt1006

Art. 11-19 Kay Hailbronner1093

Art. 20-40 Hemme Battjes1164

A) Text of Council Directive 2004/83/EC985

B) Literature1005

C) Interpretation1006

D) Recast Proposal: Proposal for a Directive of the European Parliament and of the Council on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted -COM (2009) 551 final/2 of 23/10/2009, 2009/0164 (COD)1201

4. Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status&Thomas Spijkerboer/Younous Arbaoui1227

A) Text of Council Directive 2005/85/EC1227

B) Literature1257

C) Interpretation1257

D) Recast Proposal: Proposal for a Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection - COM (2009) 554 final of 21/10/2009, 2009/0165 (COD)1311

5. Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national&Mathias Hermann1351

A) Text of Council Regulation (EC) No 343/20031351

B) Literature1368

C) Interpretation1368

D)1422

Ⅰ. Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention1422

Ⅱ. Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national1438

Ⅲ. Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention1449

Ⅳ. Recast Proposal: Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person COM (2008) 820 final/2 of 19/12/2008, 2008/0243 (COD)1454

Chapter Ⅴ. Termination of residence1489

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals&Martin Schieffer1489

A) Text of Directive 2008/115/EC1489

B) Literature1504

C) Interpretation1505