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§1.1. The general essence, institutsionalnaja and is standard-legal base of an immigration policy of EU member states

The European union - one of the richest regions of the world. Therefore it is represented «the earth promised» to millions candidates on emigration, to visitors from nearby (the Eastern Europe, Maghrib) or from the distant countries.
If births and death are considered with the big accuracy in all countries of Europe about migrations of it to tell it is impossible (in particular, the annual movements connected with reception of citizenship) are a little studied. Besides, data about the citizenship, collected during censuses, are a little suitable for interstate comparisons: one country can count more foreigners, than another only because a condition of reception of citizenship in it more strict and the citizen of this host country to become more difficult. It is possible to assume, that number of immigrants in an unstable situation strongly fluctuates depending on severity supervising органов1. Integration within the limits of the European union represents difficult multiplane process in which result this international organisation gradually makes transformation towards the state formation of new type. This transformation was defined by will of the state-participants and received results: almost for half a century of development of interrelations and interdependence in Europe the powerful integration complex, most advanced, "advanced" in the world is created for today. Integration, first of all - macroeconomic, prospects European 1 Demographic development of the European union//the Population and a society. 1998. №26. 19 The union for first two-three decades of XXI century are estimated as attractive enough: low unemployment and the low interest rate, deficiency decrease in public sector of economy and good equation of payments. Incomes of economy with introduction of uniform European currency and the termination of formation of home market cause increase and creation of additional workplaces and the subsequent decrease безработицы1. According to the division of integration accepted in EU into spheres so-called first, second and third "support" of the European Union, and also the relation with an external world are allocated. The first block are the traditional and most advanced directions of integration defined still by the Roman contract of 1957 about creation European economic community (EUROPEAN ECONOMIC COMMUNITY). «The first support» it basically the economic integration, which marks of a steel the customs union, uniform home market and nowadays - the economic and currency union. The Maastricht contract has allocated for the first time as special areas of integration the general foreign policy and a policy of safety - OVPB («the second support» EU) and cooperation in the field of internal affairs and justice («the third support» EU). One of key components of integration formation of EU is the new law and order, which was based in the beginning (and is based) on the international norms, and then has found own, internal specificity. The originality of structure of the European right is caused first of all by a combination within the limits of the European right of elements and the beginnings international and nadnatsionalnogo pravotvorchestva and heterogeneity of the Most European union.
In the modern European right it the norms obliged by the origin to international legal cooperation of the states, in this case the states are distinctly enough traced - 1 SHCHerbakova N.Trudovaja migration and management of migratory streams in countries of Western Europe//http://www.apn-nn.ru/diskurs_s/163.html 20 Members of the European union, and norm who are formed independently by its institutes. Creation of the last is based on the authorisation received as a result of establishment of Communities and the union and realisation of jurisdiktsion th powers with which they are allocated by enactments. From the point of view of conditions and an order of formation and a place occupied in the general hierarchy of norms of the European right, all of them are subdivided into three, though and not quite equal on volume and the importance, groups. First, it is norms primary (or basic) the rights; secondly, norms secondary (or derivative) the rights; thirdly, norms tertiary (or additional) права1. The norms fixed in constituent contracts, the defining purposes, principles and problems of the European union, order of formation of bodies of EU, its power, membership condition concern the primary. They are close on the character to the constitutional documents of the states. According to the Maastricht agreements have been founded: Uniform all-European citizenship; The uniform currency union; The political union which assumes development of the general weed tics concerning foreign affairs and safety, defence, disarmament, the control over armed forces, the uniform policy in the field of internal affairs and justice (including questions of a refuge and immifatsii). He assumes strengthening of a role of the European parliament. The basic document of EU is the Maastricht contract (in December, 1991 of the head of the states and the governments have approved, and on February, 27th, 1992 their representatives have signed; in November, 1993 the Contract has come into force). It is difficult to overestimate it really historical value. The essence of the Maastricht contract was reduced to promotion of five main objectives: 1 European right / Otv. red. L. M.Entin. M, 2000. С.46. 21 • from constructed, basically, the uniform market to go further, to the economic and currency union; • To give to economic integration social measurement on the basis of the general social policy; • To transform the European economic community to the European community, having expanded a circle of its competence at the expense of new fields of activity; • To add nadnatsionalnoe integration building within the limits of Community institutes («the first support») with constant cooperation in the field of foreign policy and safety («the second support») and in the field of justice and internal affairs («the third support»); • To unite all three support within the limits of uniform system European союза1. The prisoner after that the Amsterdam contract (1997) provided a number of the additional measures directed on achievement of these purposes, first of all - democratisation of the European union and approach of its institutes to ordinary citizens. These two Contracts have absorbed in themselves all achievements of the European integration for four previous decades and have created legal base of its new stage. If second half of XX-th century has passed in the Western Europe under the sign of realisation of the Roman contract the XXI-st century beginning is an epoch of the Maastricht and Amsterdam contracts. The Maastricht contract is a product of the compromise of various interests and sights at integration process and prospect of its further development. In the light of it it is no wonder, that it represents the most complicated legal design which has undergone to the fair criticism as something incomprehensible for the private soldier SHemjatenkov V.Maastrihsky and Amsterdam dogovory and their value for the European integration//the European Union on a XXI-st century threshold: a choice of strategy of development / Under the editorship of J.A.Borko and O.V.Butorinoj. M: Editorial URSS, 2001. With. 33. 22 The citizen. Even among experts and creators of the Contract are not present unity in understanding of its essence and concrete positions. However, despite noted complexity and discrepancy of the Maastricht contract, the European union managed to move ahead and on other directions. Gradually new positions of basic contracts were included into a fabric of daily work of institutes of EU, became habitual and conventional. At the same time, the Maastricht summit has left unresolved variety of the ripened problems of the further development of integration building. The new Intergovernmental conference provided by the Maastricht contract which has begun in 1996 As a result of discussion has been urged to resolve them the project of the new basic contract which has been definitively signed in Amsterdam on October, 2nd, 1997 In a context of the given dissertational research substantive provisions of the Amsterdam contract has been developed consist in the following: 1. The Amsterdam contract establishes the conclusive is obliged - ' nost all member states strictly to observe and protect fundamental human rights, to prevent any discrimination and to provide adek wadded quality of the law and order. The sense of corresponding positions consists that the European union under no circumstances will not suffer on rusheny fundamental laws of the person any of member states. Union institutes will combat similar infringements; the citizens who have suffered from them have the right to legal protection from EU Court. These on lozhenija have huge basic value, however they a little that change in existing practice of "fifteen" where position with protection of human rights does not cause alarm. Their main "addressee" are stra ny, recently entered EU. 2. In Amsterdam transformation European a soya for in «space of freedom, safety and justice» has been proclaimed. With that end in view the mechanism of the Schengen agreement has been included in legal and institu - 23 tsionalnyj the mechanism of "the first support». However between this general declaration and real practice there was an essential distance. First, from "third" in «the first support» questions of granting of a political asylum, the visa and immigration policy have been translated only. Internal security questions (with all consequences following from here) remained in exclusive conducting the national states. Secondly, (the Great Britain, Ireland and Denmark) have acquired three member states the right not to participate in new system and to keep the full sovereignty in that, as to «spaces of freedom, safety and justice». Thirdly, through the Schengen system to this part of the mechanism of "the first support» Norway and the Iceland which is not members of EU and, hence, of community not connected by a general law and rules of procedure of its institutes have joined. Certainly, all listed factors should complicate formation of the general base of a visa and immigration policy of EU. 3. Heads of the Contract on employment and social policy have only slightly expanded powers of EU, but "legalisation" of the competence of EU in these areas has put in pawn a solid basis for strengthening of coordination of a policy of the national states and the co-ordinated decision of the major social problems within the limits of the Union as a whole. It is obvious, that migration has the important economic value for Europe. Within several decades for the European countries two interconnected demographic tendencies - ageing of settlement and reduction of its number are characteristic. As marks V.L.Inozemtsev, «modern immigration does not serve more purposes of formation of a uniform generality, and in it its qualitative difference from former stages in West history» consists. Migratory processes have been caused at all times, first of all, by material requirements of people even if looked on per - V.L.Immigratsija's 1 Foreigners: a new problem of new century. Methodological aspects//Sociological researches. 2003. №5. With. 33. 24 vyj a sight a consequence any especially political причин1. Throughout last four centuries the basic migratory streams, made serious impact on tendencies of world development, either were generated by a western civilisation, or have been directed to the main centres of the Western world. In each separate European country migration process has features. Nevertheless, it has quite certain consequences, both for each member state the European union, and for EU as a whole. It is possible to tell with confidence, that migration from the middle of the fiftieth years of the XX-th century leads to serious economic, social and political changes in Europe, and in due course, possibly, the scale of these changes will increase only. In some decades the European union thanks to migration becomes another. What it is concrete - while it is possible to assume only, the blessing of various scenarios is developed today немало2. Data about structure of the population of EU member states during the considered period, testify that in the beginning of the first decade of XXI century the population of the majority of member states of the European Union has increased in bolshej degrees at the expense of immigration, than by a natural increase (the Fig. 1 and a Fig. 2 see). V.L.Immigratsija's 1 Foreigners: a new problem of new century. Methodological the expert pekty//Sociological researches. 2003. №5. With. 29. 2 Koksharov And, Europe on a migration needle//the Expert. 2002. №37. With. 57. 25 Drawing 1 Dynamics of the population of EU 5000 Thousand persons 3000 hectares 4000 2000 1000 -1000 -2000 About с* jr with with OO ' D XI SHCH 0D SL SE AND ' GT - Of С* GG WITH WITH CZt С4 rt WITH 00 ABOUT SCH ^ ID g ^ g ^ g ^ with with with with about:> meal meal meal meal s about (s and from wasps »meal meal meal meal with» meal CM CN OCH About the Natural increase? A migratory gain Drawing 2 10 On 1000 persons 8 * ^> ** AND Q С-4 4f? ^SOOSM^SOSOOG-CH^SOSOOSMG! - WITH WITH SE CD WITH WITH FROM CD G - ^ |Ч-G «- G - G" * - WITH WITH WITH WITH WITH S WITH »WITH IN WITH SH Meal meal meal meal meal meal meal meal ate meal meal meal meal meal meal meal meal meal meal meal SCH
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A source: Skoryy, Roman Petrovich. the Basic directions of an immigration policy within the limits of the European Union / the Dissertation / Moscow. 2006

More on topic §1.1. The general essence, institutsionalnaja and is standard-legal base of an immigration policy of EU member states:

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  2. §1.2. Regional measurement of foreign policy aspects of immigration processes in the modern world: experience of the account and optimisation by EU member states
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  4. §2.2. Struggle of EU member states against the organised crime accompanying immigration and narcothreat
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  7. § 3. The general and especial in theoretical approaches to questions of a recognition, maintenance and protection of the ecological rights of citizens and their legislative reflexion in member states the European Union and the Russian Federation
  8. § 1.3. Influence of expansion of EU on the immigration policy of its leading countries
  9. 1.1. The General characteristic of standard base and powers of territorial establishments of Bank of Russia on exchange control realisation
  10. character of international legal interaction between vessels of EU member states and EU Court
  11. Legal bases of interaction of courts of justice of member states of the European Union
  12. § 2.1 Legal bases of cooperation of member states of the European Union in criminal trial sphere
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