Vers un traitement équitable des étrangers extracommunautaires en séjour régulier.

Abstract

The current study provides a comprehensive view of the legal and political context in which these instruments were designed, with explanations about their content and recommendations for any future amendments. It considers the first initiatives taken by the Commission and the Council on these issues before the entry into force of the Treaty of Amsterdam and also reviews proposals submitted by NGOs that have played a substantial role in the debate. Furthermore, documentation of the various European institutions on the negotiations surrounding the adoption of the texts in question as well as trends in case law are carefully examined. The study aims to answer the following questions: To what extent does the normative content of the guidelines allow a difference in treatment between EU migrants and Non EU migrants, does it give binding force to the obligations of Member States, and provide judicial certainty to stakeholders?