ABSTRACT

This chapter discusses group third country nationals under the legislation which applies to them as they either seek to come into the Community or once they are in the Community. It considers the third pillar on justice and home affairs and how this has contributed to the layers of law in this area. Upon arrival a refugee has recourse to the national law and the European Convention on Human Rights in order to protect his rights. Aside from the questionable morality of the Member States immigration policy, the fragmented approach within the Community will have an economic knock on effect. Under the Association Agreement with Turkey the parties agree to progressively secure freedom of movement of workers, freedom of establishment and freedom to provide services between themselves. The provisions under the General Agreement on Trade in Services create the potential for an additional group of third country nationals who will be subject to special treatment under its provisions.