PART III: THE POLICIES AND FUNCTIONING OF THE UNION
TITLE III – INTERNAL POLICIES AND ACTION
CHAPTER IV – AREA OF FREEDOM, SECURITY AND JUSTICE
Section 2 – Policies on border checks, asylum and immigration
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For the III_III_IV_2 section, there are the following articles:
Article III-265 with 0 annotations
Article III-266 with 0 annotations
Article III-267 with 0 annotations
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1. The Union shall develop a policy with a view to:
(a) ensuring the absence of any controls on persons, whatever their nationality, when crossing
internal borders;
(b) carrying out checks on persons and efficient monitoring of the crossing of external borders;
(c) the gradual introduction of an integrated management system for external borders.
2. For the purposes of paragraph 1, European laws or framework laws shall establish measures
concerning:
(a) the common policy on visas and other shortstay residence permits;
(b) the checks to which persons crossing external borders are subject;
(c) the conditions under which nationals of third countries shall have the freedom to travel within
the Union for a short period;
(d) any measure necessary for the gradual establishment of an integrated management system for
external borders;
(e) the absence of any controls on persons, whatever their nationality, when crossing internal
borders.
3. This Article shall not affect the competence of the Member States concerning the geographical
demarcation of their borders, in accordance with international law.
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1. The Union shall develop a common policy on asylum, subsidiary protection and temporary
protection with a view to offering appropriate status to any thirdcountry national requiring
international protection and ensuring compliance with the principle of nonrefoulement. This policy
must be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January
1967 relating to the status of refugees, and other relevant treaties.
2. For the purposes of paragraph 1, European laws or framework laws shall lay down measures for
a common European asylum system comprising:
(a) a uniform status of asylum for nationals of third countries, valid throughout the Union;
(b) a uniform status of subsidiary protection for nationals of third countries who, without obtaining
European asylum, are in need of international protection;
(c) a common system of temporary protection for displaced persons in the event of a massive
inflow;
(d) common procedures for the granting and withdrawing of uniform asylum or subsidiary
protection status;
(e) criteria and mechanisms for determining which Member State is responsible for considering an
application for asylum or subsidiary protection;
(f) standards concerning the conditions for the reception of applicants for asylum or subsidiary
protection;
(g) partnership and cooperation with third countries for the purpose of managing inflows of people
applying for asylum or subsidiary or temporary protection.
3. In the event of one or more Member States being confronted by an emergency situation
characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the
Commission, may adopt European regulations or decisions comprising provisional measures for the
benefit of the Member State(s) concerned. It shall act after consulting the European Parliament.
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1. The Union shall develop a common immigration policy aimed at ensuring, at all stages, the
efficient management of migration flows, fair treatment of thirdcountry nationals residing legally in
Member States, and the prevention of, and enhanced measures to combat, illegal immigration and
trafficking in human beings.
2. For the purposes of paragraph 1, European laws or framework laws shall establish measures in
the following areas:
(a) the conditions of entry and residence, and standards on the issue by Member States of long-term
visas and residence permits, including those for the purpose of family reunion;
(b) the definition of the rights of third-country nationals residing legally in a Member State,
including the conditions governing freedom of movement and of residence in other
Member States;
(c) illegal immigration and unauthorised residence, including removal and repatriation of persons
residing without authorisation;
(d) combating trafficking in persons, in particular women and children.
3. The Union may conclude agreements with third countries for the readmission to their countries
of origin or provenance of thirdcountry nationals who do not or who no longer fulfil the conditions
for entry, presence or residence in the territory of one of the Member States.
4. European laws or framework laws may establish measures to provide incentives and support for
the action of Member States with a view to promoting the integration of thirdcountry nationals
residing legally in their territories, excluding any harmonisation of the laws and regulations of the
Member States.
5. This Article shall not affect the right of Member States to determine volumes of admission of
third-country nationals coming from third countries to their territory in order to seek work, whether
employed or self-employed.
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The policies of the Union set out in this Section and their implementation shall be governed by the
principle of solidarity and fair sharing of responsibility, including its financial implications, between
the Member States. Whenever necessary, the Union acts adopted pursuant to this Section shall
contain appropriate measures to give effect to this principle.
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