Translation of "Zuwanderungsrecht" in English

If the dividing lines between asylum and immigration laws were more fluid, something unbureaucratic could perhaps be done here.

In order to respect and fully guarantee Community legislative power, we must urgently adopt legislation on rights to freedom of movement, immigration and asylum.

I assume that they are celebrating the fact that, from today, Germany will no longer have a modern immigration law, because they have been successful in preventing the creation of a modern law of this sort.

That said, those domestic immigration rules must not nullify or impair the benefits accruing to such nationals under the right of establishment provided for by the agreements.

The Court of Justice, called to rule on the compatibility of national immigration legislation with the requirements of the three association agreements concerned, has thus set out the following principles:

Following the entry into force of these association agreements concluded with the countries of Central and Eastern Europe, the United Kingdom adapted its own immigration legislation (the 1994 Immigration Rules).

The order for reference states that, in accordance with national immigration law, no action was taken against her on the expiry of her original leave to enter pending the outcome of her appeal to the Special Adjudicator.

By its first, third and fourth questions, which can be examined together, the national court is asking essentially whether, having regard to Article 59(1) of the Association Agreement, Article 45(1) of that Agreement is capable of conferring on a Bulgarian national a right of establishment and a concomitant right to reside in the Member State within the territory of which he has remained and carried on professional activities as a selfemployed person in breach of national immigration legislation, where that breach took place before he claimed a right of establishment under Article 45(1).

The argument put forward by Mr and Mrs Gloszczuk, to the effect that application by the competent authorities of a Member State of the national immigration rules requiring Polish nationals to obtain leave to enter is in itself liable to render ineffective the rights granted to such persons by Article 44(3) of the Association Agreement, cannot therefore be accepted.

The question arises as to the restrictions which the immigration legislation of the host Member State imposes on the right of establishment, which is a right conferred directly on Polish

The fact that the infringement of the host Member State's immigration legislation was committed by the Polish national at a date prior to the entry into force of the Association Agreement is irrelevant where, as in the present case, the irregular situation had not ended at that time and was still continuing when the application for establishment was made.

In view of the seriousness of its breach, the requirement that a new application to become established be submitted by that national in due and proper form in his State of origin or, as the case may be, in another country, which may be laid down by the immigration legislation of the host Member State, cannot be regarded as being unjustified.

The interpretation of the Association Agreement advocated by Mr and Mrs Gloszczuk, which would allow any illegalities to be regularised in consideration of the fact that the substantive conditions governing establishment imposed by the immigration legislation of the host Member State would then be satisfied, would compromise the effectiveness and reliability of the national system of prior control.

Today, including with Africa in mind, we need to open ourselves up to the idea that we need an up-to-date immigration law.

It would, however, also make sense to replace the migration law – which is complicated and remains too restrictive in some respects – with a modern points system.