ABSTRACT

Apart from some implied and dubious references to the broader issue of immigration, the Treaty of Rome contained no provisions on the right of asylum. However, this did not prevent European Economic Community (EEC) institutions from tethering the problem of asylum to some of the issues regulated by the Treaty. In particular, asylum 'benefited' from the typically heterogeneous purpose of the provisions establishing the single market, which brought some of the areas originally completely outside the scope of the Treaty of Rome within the competences of the EEC. The Regulation arose out of the European Convention on the Legal Status of Migrant Workers, which was drawn up within the framework of the European Coal and Steel Community (ECSC) and was based on Articles 227 and 51 of the Treaty Establishing the European Economic Community (TEEC). Initially, intergovernmental cooperation outside the Treaty of Rome produced greater results through multilateral cooperation over controls at common borders.