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The Impact of the Common Immigration Policy of the Europe: : Cases of France and Germany on the Rights of the Roma Population

초록/요약

This paper is going to cover the theoretical analysis of the treaties on the European immigration policy; namely the policies, framework and legal foundations on immigration set up by the European Union, and the conflicts raised by disagreements between the supranational institutions including the European Commission and two of the member states, France and Germany. In France, the expulsions of Roma people, also known as gypsies, became a hot issue especially in the year of 2010 both within France and in the international community. A case study on this issue would be covered in latter part of this paper and compared in regard with the recent efforts to form the EU’s common immigration policy and its charter of fundamental rights. The controversial position between the EU Commission and France has once again brought about the conflict between the still dominant intergovernmental policy-making and the increasing power of supranational characteristics of the European Union. Its neighbouring country, Germany, on the other hand, seemed to have relatively quiet news in terms of dealing with the Roma people. However, a lot of issues of maltreatment are under the table including sending back the Roma kids, and this could be looked more closely with the above French case. In this thesis, I have attempted to analyse the existing possible cooperation among the member states towards the common immigration policy and the case of Roma expulsion in France, and Roma issues in Germany based on the theories of evolution and integration of the European Union.

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목차

Table of Contents
I. Introduction 1

II. Literature Review 3
1. Migration Theories 3
2. Integration Theories - EU Policy: theoretical analysis 6

III. The Development of the Common Immigration Policy of the European Union 9

1. Treaties and agreements on Immigration Issues: 9
(1) The Treaty of Rome (1 January 1958) 10
(2) Single European Act (1 July 1987) 11
(3) Schengen Agreement (1985) 11
(4) The Treaty of Maastricht (1 November 1993) 13
(5) The Treaty of Amsterdam (1 May 1999) 14
(6) The Treaty of Nice (1 February 2003) 14
(7) The Treaty of Lisbon (1 December 2009) 15

2. Directives: 16
(1) The Commission’s position on the Common Immigration Policy : Principles 16
(2) An EU Framework for National Roma Integration Strategies up to 2010 18
a. Who are the Roma and Why Roma? 19
b. Discriminatory Condition of the Roma 22

IV. The Impact of the Common EU Immigration Policy on the Member States: A Case of Roma Population 24
1. The case of France 25
(1) Evolutionary process of the Roma expulsion and its Results 25
(2) France vs. the EU 26

2. The case of Germany 29
(1) Roma deportation to Kosovo 30
(2) Germany vs. the EU 31

3. Discussion 33

V. Conclusion 41

VI. References 45

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