Visa Policy within the European Union Structure
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Annalisa Meloni
Visa Policy within the European Union Structure
S
Dr. Annalisa Meloni [email protected]
ISBN-10 ISBN-13
3-540-28970-4 Springer Berlin Heidelberg New York 978-3-540-28970-8 Springer Berlin Heidelberg New York
Cataloging-in-Publication Data Library of Congress Control Number: 2005934706 This work is subject to copyright. AU rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its ciu-rent version, and permission for use must always be obtained from Springer-Verlag. Violations are liable for prosecution under the German Copyright Law. Springer is a part of Springer Science+Business Media springeronline.com © Springer Berlin • Heidelberg 2006 Printed in Germany The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Softcover-Design: Erich Kirchner, Heidelberg SPIN 11556022
64/3153-5 4 3 2 1 0 - Printed on acid-free paper
Foreword
This book is my PhD thesis which I defended at University College London in January 2005.1 would like to express my gratitude to my supervisor, Professor Eileen Denza, for introducing me, aheady during my LLM, to a subject which has proven to be a most interesting and rewarding topic of research, and for having been so supportive and encouraging throughout my PhD and afterwards. I am grateful to my PhD examiners, Professor Marise Cremona and Professor Alan Dashwood, for their helpful suggestions on how to improve the thesis for pubHcation. I would like to thank Professor Elspeth Guild, Mr. Gerard Beaudu from DG JHA of the European Commission, and Mr. Nick Baird from the Foreign & Commonwealth Office for discussing visa policy with me. I would also like to thank the Arts and Humanities Research Board (AHRB) for their funding. Last but not least, I would like to thank Alfredo, Angela and Antonella Meloni for all their moral and financial support throughout my PhD.
Annalisa Meloni July 2005
Contents
Foreword List of abbreviations
V XI
Introduction
1
1 Visas in international and municipal laws 1.1 Limits on state discretion over the movement of persons across state frontiers 1.1.1 State discretion over entry, residence and expulsion of aliens 1.1.2 Limits on the State's discretion over exit of its nationals 1.1.3 Basic international law rules governing movement across frontiers 1.2 Legal and political significance of passports and visas 1.2.1 Definition and functions of passports 1.2.2 Definition and functions of visas 1.3 Conclusion
7 7 7 19 ..20 24 24 31 41
2 From early cooperation to failure of the Maastricht syste
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