MIME-Version: 1.0 Content-Location: file:///C:/5C635EC2/ARTICLE63b.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 63b]

ASYLUM AND MIGRATION POLICY:

TREATY ENSURES SOLIDARITY PRINCIPLE WILL GOVERN OVER IMMIGRATION, AS= YLUM AND BORDER CONTROL POLICY

 [ARTICLE 63b]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on the Functioning of the European Union, Part Three Policies and Internal Act= ions of the Union, Title IV – Area of Freedom, security and Justice, Chapt= er 2 – Policies on border checks, asylum and immigration, Article 63b

 

Amendment:

Clause= 2, page 1, line 12, after ‘excluding’ insert –

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‘= ;(i) Article 2, paragraph 65, replacement Chapter 2 and Articles 62 to 63b TEC (TFEU) relating to policies on border checks, asylum= and immigration; and

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(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

“= ;ARTICLE 63b<= /p>

The policies of the Union set out in this Chapter 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 Chapter shall contain appropriate measu= res to give effect to this principle."

 

Consolidated Treaty Article(s):

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Expl= anation:

The Lisbon Treaty introduces a new legal base, Article 63b providing for “= ;The policies of th= e Union set out in this Chapter and their implementat= ion 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 Chapter shall contain appropriate measures to give effect to this principle." = The Lisbon Treaty makes the principle of solidarity an almost socialist-styled principle of the Union's asylum, immigration and border control policies. Article 63b also makes an explicit reference to “financial implications” – financial implications which will amount to vast amounts of the British taxpayersR= 17; money being spent on European funds. The Member States will have to share t= he costs of asylum, immigration and border control policies and although the <= st1:country-region w:st=3D"on">UK has an opt out in this area, it is clear that the “financial implications” will be significa= nt for the UK.

 

The idea of solidarity and burden-sha= ring between the Member States in the response to migration and asylum challenge= s, however, is not new. The European Parliament and the Commission have been calling for grea= ter solidarity between Member States. The Hague Programme also stresses that th= e development of a common policy in the field of asylum, migration and borders "should be based on solidarity and fair sharing of responsibil= ity including its financial implications and closer practical co-operation betw= een member states". The Commission adopted, in 2005, a framework programme on solidarity and management of migration flows for the period 2007. The Commission proposed financial solidarity mechanisms covering the ar= eas of controls and surveillance of external borders, return of third-country nationals residing illegally in the EU, integration of legally resident third-country nationals and asylum.

 

The Council and the European Parliament have already adopted decisions establis= hing different funds, including the European Refugee Fund, the European Integration Fund and the European Retur= n Fund. Nevertheless, there had been no Treaty provision requiring solidarity= and burden-sharing between Member States in the implementation of asylum or immigration policies until the enforcement of the solidarity principle in t= his area.