Legislation Database
With this section we are trying to provide the interested user with a comprehensive collection of legal documents in the area of migration. All the documents published under this section are intended for non-commercial use only and are subject to a copyright note and a disclaimer. Please also refer to more detailed copyright information in each specific case. To make the research easier and to avoid cross-linking, some resource documents have been organized in chronological order.
International Instruments
Universal Declaration of Human Rights, 1948
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949
C97 Migration for Employment Convention (Revised), 1949
Convention relating to the Status of Refugees, 1951
International Convention on the Elimination of All Forms of Racial Discrimination, 1965
International Covenant on Civil and Political Rights, 1966
International Covenant on Economic, Social and Cultural Rights, 1966
UN Protocol relating to the Status of Refugees, 1967
C143 Migrant Workers (Supplementary Provisions) Convention, 1975
Convention on the Elimination of All Forms of Discrimination against Women, 1979
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984
Convention on the Rights of the Child, 1989
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990
Guiding Principles on Internal Displacement, 1998
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, 1999
Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Crime, 2000
Protocol to Prevent, Suppress and Punish Trafficking in persons Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, 2000
International Convention for the Protection of All Persons from Enforced Disappearance, 2006
Council of Europe
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), as amended by Protocol No.11, 1950
European Agreement on Regulations Governing the Movement of Persons Between Member States of the Council of Europe, 1957
European Agreement on the Abolition of Visas for Refugees, 20.4.1959
European Agreement on Travel by Young Persons on Collective Passports between the Member Countries of the Council of Europe, 1961
Protocol to the European Convention on Consular Functions concerning the Protection of Refugees, 1967
European Convention on the Repatriation of Minors, 1970
European Convention on the Legal Status of Migrant Workers, 1977
European Agreement on Transfer of Responsibility for Refugees, 1980
Arrangement for the Application of the European Agreement of 17 October 1980 Concerning the Provision of Medical Care to Persons During Temporary Residence, 1988
Convention on the Participation of Foreigners in Public Life at Local Level, 1992
Framework Convention for the Protection of National Minorities, 1995
European Convention on the Exercise of Children's Rights, 1996
European Convention on Nationality, 1997
European Social Charter (revised) 1996
Council of Europe Convention on Action against Trafficking in Human Beings, 2005
Legislation of the European Union
Entry and Admission
a) General entry conditions
Convention implementing the Schengen Agreement of 14 June 1985
Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
Common Manual on External Borders
Regulation (EC) N° 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across the borders (Schengen Borders Code) (OJ L 105 of 13 April 2006, p. 1)
Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (OJ L 405 of 30 December 2006, p. 1. Corrigendum published in OJ L 29 of 3 February 2007, p. 3)
Council Regulation (EC) No 1932/2006 of 21 December 2006 amending Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as part of the General Programme Solidarity and Management of Migration Flows
Decision No 575/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2008 to 2013 as part of the General Programme Solidarity and Management of Migration Flows
Proposal of 23 October 2007 for a Council Directive on a single application procedure for a single permit for Non-EU Member Country nationals to reside and work in the territory of a Member State and on a common set of rights for Non-EU Member Country workers legally residing in a Member State. 23 October 2007, COM (2007) 638 final (Framework Directive)
b) Travel documents
Convention implementing the Schengen Agreement of 14 June 1985
Common Manual on External Borders
Council Regulation No 2252/2004 of 13 December 2004 on Standards for Security Features and Biometrics in Passports and Travel Documents issued by Member States
Council Decision of 27 March 2000 on the Improved Exchange of Information to Combat Counterfeit Travel Documents
c) Refusal of entry
Convention implementing the Schengen Agreement of 14 June 1985
Common Manual on External Borders
Regulation (EC) N° 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across the borders (Schengen Borders Code) (OJ L 105 of 13 April 2006, p. 1)
d) Entry of minors
Common Manual on External Borders
Council Resolution of 26 June 1997 on unaccompanied minors who are nationals of third countries
e) Entry for specific purposes
Council Resolution of 20 June 1994 on limitation on admission of third-country nationals to the territory of the Member States for employment
Council Resolution of 30 November 1994 relating to the limitations on the admission of third-country nationals to the territory of the Member States for the purpose of pursuing activities as self-employed persons
Council Directive on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJ L 155 of 18 June 2009, p. 17) (Blue Card Directive)
Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment COM (2010) 379 final, 13 July 2010
Proposal for a Directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer, 13 July 2010 COM (2010) 378 final, 2010/0209 (COD)
Stay and Residence
a) Residence permits and residence status
Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals
2003/0218 (CNS) Modified proposal for a Council Regulation amending Regulation (EC) 1030/2002 laying down a uniform format for residence permits for third-country nationals
Council Directive on the Conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long term residents
Directive 2004/58EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC
Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long term residents
c) Non-discrimination and integration
Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (December 2007)
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long term residents
Council Regulation (EC) 859/2003 of 14 May 2003 extending the provisions of Regulation (ECC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality
Council Conclusions of 19 November 2004 on Immigrant Integration Policy in the EU (from page 15)
Common Basic Principles for Immigrant Integration Policy in the European Union
Expulsion, Voluntary Return and Readmission
a) Expulsion
Convention implementing the Schengen Agreement of 14 June 1985
Council Resolution of 26 June 1997 on unaccompanied minors who are nationals of third countries
Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals
Council Directive 2003/110/EC of 25 November 2003 on assistance in case of transit for the purposes of removal by air
Council Decision of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals
Council Conclusions on assistance in cases of short-term transit by land or sea through the territory of another Member State in the course of effecting a removal order adopted by a Member State against a third country national in the framework of the operational cooperation among Member States
Council Decision 2004/573/EC of 29 April 2004 on the organization of joint flights for removals from the territory of two or more Member States of third country nationals who are subjects of individual removal orders
Council Conclusions on giving practical effect to the Council Decision on the organization of joint flights for removals from the territory of two or more Member States of third country nationals who are subjects of individual removal orders
Directive 2008/115//EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member-States for returning illegally staying third-country nationals (OJ L 348 of 24 December 2008, p. 98) (Return Directive)
b) Travel documents for the purpose of expulsion
Council Recommendation of 30 November 1994 concerning the adoption of a standard travel document for the expulsion of third country nationals
Council Recommendation of 22 December 1995 on concerted action and cooperation in carrying out expulsion measures
c) Voluntary return
Return Action Programme
Communication on a Community Return Policy on Illegal Residents
Council recommendation of 30 November 1994 concerning a specimen bilateral readmission agreement between a Member State of the European Union and a third country
Council Recommendation of 24 July 1995 on the principles to be followed in drawing up protocols on the implementation of readmission agreements
Decision of the Schengen Executive Committee of 15 December 1997 on the guiding principles for means of proof and indicative evidence within the framework of readmission agreements between Schengen States
Irregular Migration
a) Measures to combat irregular migration
Communication on the Development of a Common Policy on Illegal Immigration, Smuggling and Trafficking of Human Beings, External Borders and the Return of Illegal Residents
b) Penal framework for the combating of irregular migration
b.1.) Facilitation of unauthorized entry, transit and residence
Convention implementing the Schengen Agreement of 14 June 1985
Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of the unauthorized entry, transit and residence
Council Framework Decision of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of the unauthorized entry, transit and residence (2002/946/JHA)
Council Decision 2006/616/EC of 24 July 2006 on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of this Protocol fall within the scope of Articles 179 and 181a of the Treaty establishing the European Community
Council Decision 2006/617/EC of 24 July 2006 on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty establishing the European Community
b.2.) Obligations of transport carriers and sanctions
Convention implementing the Schengen Agreement of 14 June 1985
Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985
Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data
c) Illegal employment
Council Recommendation of 22 December 1995 on harmonizing means of combating illegal immigration and illegal employment and improving the relevant means of control
Council Recommendation of 27 September 1996 on combating the illegal employment of third country nationals
Council Decision 96/749/JHA of 16 December 1996 on monitoring the implementation of instruments adopted by the Council concerning illegal immigration, readmission, the unlawful employment of third country nationals and cooperation in the implementation of expulsion orders
Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168 of 30 June 2009, p. 24)
d) Marriages and adoptions of convenience
Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification
Council Resolution of 4 December 1997 on measures to be adopted on the combating of marriages of convenience
Trafficking in Human Beings
a) Penal framework for the combating and prevention of trafficking in human beings
Communication from the Commission to the European Parliament and the Council - Fighting trafficking in human beings: an integrated approach and proposals for an action plan
Council Framework Decision 19 July 2002 on combating trafficking in human beings
Council Decision 2006/618/EC of 24 July 2006 on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of this Protocol fall within the scope of Articles 179 and 181a of the Treaty establishing the European Community
Council Decision 2006/619/EC of 24 July 2006 on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty establishing the European Community
b) Assistance and protection of victims of trafficking
Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third country nationals who are the victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities
Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims
Migration Statistics and Data Protection
a) Data collection & exchange
Convention implementing the Schengen Agreement of 14 June 1985
Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network
Council Decision of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (2005/267/EC)
Council Decision 2006/688/EC of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration
b) Migration statistics
Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics
Commission Decision of 21 April 1997 on the role of Eurostat as regards the production of Community statistics (97/281/EC) – This implements Council Regulation No 322/97 on Community Statistics
Decision No 2367/2002/EC of the European Parliament and of the Council of 16 December 2002 on the Community statistical programme 2003 to 2007
Communication from the Commission to the Council and the European Parliament to present an Action Plan for the collection and analysis of Community Statistics in the field of Migration
Proposal for a Regulation of the European Parliament and of the Council on Community statistics on migration and international protection, Brussels, 14.9.2005 (COM(2005) 375 final)
Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199 of 31 July 2007, p. 23)7.
Commission Regulation (EU) No 216/2010 of 15 March 2010 implementing Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on migration and international protection, as regards the definitions of categories of the reasons for the residence permits (Text with EEA relevance)
c) Data protection
Convention implementing the Schengen Agreement of 14 June 1985
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data
Council Decision of 13 December 2004 adopting implementing rules concerning Regulation 45/2001 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data
Europol Convention
Other
CHARTER of Fundamental Rights of the European Union
COUNCIL DECISION of 25 June 2007 establishing the European Fund for the Integration of third-country nationals for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (2007/435/EC)
REGULATION (EC) No 491/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 10 March 2004 establishing a programme for financial and technical assistance to third countries in the areas of migration and asylum (AENEAS)