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The Treaty of Lisbon and the Future of European Law and Policy

The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.

Chapter 19: The EU Immigration and Asylum Policy in the Post-Lisbon Institutional Context

Marie-Laure Basilien-Gainche

Subjects: law - academic, european law


Marie-Laure Basilien-Gainche 1. INTRODUCTION The Council of the European Union (EU) declared, in the Conclusions on the follow-up of the European Pact on Immigration and Asylum during its Justice and Home Affairs meeting on 3 June 2010, that the Lisbon Treaty introduces new provisions on such policy areas that must be ‘governed by the principle of solidarity and fair sharing of responsibility’.1 Solidarity and responsibility: here are quite noble values. Still, it would be appropriate if these were defined along the lines of legal principles and respected by the normative and operational acts of the EU and its Member States. This is why these Conclusions deserve further attention. Indeed, one cannot forget that often ‘Political language … is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind’ as George Orwell put it.2 And one cannot neglect the fact that the European agenda is particularly burdened in these fields, as the Commission is supposed to ensure the implementation of the Stockholm Programme adopted by the European Council on 11 December 2009.3 As the April 2010 action plan announced it,4 Cecilia Malmström – the Swedish Member of the Commission responsible for Justice and Home 1 Available at: pdf, at p. 2. 2 Orwell, George (1964), Politics and the English Language, London: Horizon. 3 Available at: data/en/ec/111877.pdf, pp. 3–11 4 European Commission (2010), Delivering an area of freedom, security and justice for Europe’s citizens – Action Plan...

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