Division of competences between the European Union and its Member States concerning immigration

The European Union has a shared competence for developing a common immigration policy. This note examines the division of internal and external competences between the European Union and its Member States, the intensity of the Union’s intervention and the limits to it. The common immigration policy is developing but is not leading to the loss by the Member States of their own competences. However, the Member States have a duty to exercise their competence in compliance with the acts and objectives of the Union’s migration policy.

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