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European Treaties Immigration
European Treaties: These are the legal basis of the European Community.
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which European treaties exist
what the so-called primary law of the EU is
what the European treaties regulate in the area of immigration
Implementation of the European treaties in Germany
1. What are European treaties (primary law)?
2. What European treaties are there?
3. Influence of European treaties on immigration
4. European Treaties and Court
5. FAQ European Treaties
6. Conclusion European Treaties
1. What are the European treaties (primary law)?
The European Treaties form the legal basis of the European Union . They regulate the EU's competences, the cooperation between Member States, and the principles on which European law is based. This primary law, known as primary law, stands at the top of the hierarchy of norms in Union law—above regulations, directives, and decisions. It is the foundation upon which all other European legal acts are built.
These primary treaties establish the EU's institutional structure, determine its powers, and contain key provisions on freedom of movement, settlement, access to the labor market (see EU freedom of movement ), and cooperation in the areas of asylum and migration. Fundamental rights such as protection against discrimination are also enshrined there. The European treaties are thus, in a sense, part of the EU constitution.
2. What European treaties are there?
European primary law includes, in particular, the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) . These treaties are supplemented by other treaties, such as the Charter of Fundamental Rights of the European Union and historic treaties such as the Treaty of Maastricht and the Treaty of Lisbon, which introduced the TFEU and the TEU and thus significantly shaped the current structure of the EU. Together, they constitute the so-called primary law of the Union.
These treaties are not only politically significant, but in many respects are also directly applicable . This means they apply directly in the member states – without the need for implementation through national law. They therefore also have a direct impact on national regulations, particularly in the area of migration law. They determine, for example, whether a third-country national may work in Germany if they are already resident in another EU country.
3. Influence of European treaties on immigration
The European treaties have paved the way for a common migration policy within the EU. The TFEU, in particular, contains numerous provisions on the topics of freedom of movement , asylum, and immigration. Article 79 TFEU obliges the Union to develop a common immigration policy to ensure managed migration and prevent irregular immigration. The creation of a single visa area is also based on European primary law.
For third-country nationals, important rights arise from the EU treaties, such as the so-called Vander Elst visa , which originates from a ruling of the European Court of Justice and is based on the freedom to provide services enshrined in the European treaties . The Schengen visa is also a direct consequence of the harmonization of European entry regulations. Due to European legal bindingness, national immigration authorities are obligated to comply with the requirements of primary EU law.
4. European Treaties and Court
The European treaties not only have political implications but also have legally binding force vis-à-vis national authorities and courts. The European Court of Justice (ECJ) in Luxembourg oversees the uniform interpretation and application of primary law. National courts can—and in certain cases must—refer questions on the interpretation of the treaties to the ECJ to ensure legal certainty throughout Europe.
In visa litigation, the EU treaties therefore play a crucial role in court proceedings: Applicants can invoke rights under the treaties in court to obtain a visa after all. Numerous German and European court decisions therefore address the influence of the European treaties on immigration law and corresponding court proceedings in Germany. For clients, this means that even in immigration law, a violation of European treaties can lead to successful legal enforcement of claims.
5. FAQ European Treaties (EU primary law)
What is the difference between EU primary law and EU secondary law?
EU primary law (i.e. the EU treaties) takes precedence over EU secondary law (i.e. directives and regulations).
Which treaties are part of EU primary law?
Primary law includes, in particular, the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU), and the Charter of Fundamental Rights. These treaties form the legal basis for all EU legislation.
What significance do the treaties have for immigrants?
They grant, among other things, rights to freedom of movement, to work in other EU countries, and to equal treatment under the law. They are particularly relevant for migrant workers, international companies, and in asylum procedures.
6. Conclusion European Treaties
The European treaties form the backbone of EU law – and have a significant influence on migration law in Germany. They establish uniform standards and protect the rights of EU citizens and, increasingly, third-country nationals as well. They often have a direct impact on the daily practice of visa and residence procedures. It is therefore worthwhile for applicants to familiarize themselves with European law: Whether it concerns a Schengen visa , the recognition of professional qualifications , or the right to family reunification – EU primary law can be a decisive lever. VISAGUARD helps to make these complex legal foundations understandable and successfully apply them.
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List of Sources (Paywall)
[1] Schwarze/Becker/Hatje/Schoo, EU Commentary, 4th edition 2019