EU Immigration and Asylum Policies and EEA Case Studies: Iceland and Norway

Abstract

This thesis provides a comprehensive analysis of EU immigration and asylum policies and makes a parallel analysis of the situation in EEA law with two case studies on Norway and Iceland. The thesis is divided into two parts, which will lay emphasis on the evolution, current frameworks, and implementation of immigration and asylum policies within the EU and the EEA. The first part of the thesis will begin with a general overview of the EU´s approach to immigration and asylum, and the lack of highlighting the shared principles and objectives underlying these policies. The study delves into specific legal frameworks governing immigration and asylum within the EU, examining key directives, regulations, and landmark judgments from the Court of Justice of the European Union (CJEU). The thesis will also look into case studies in the EU, to illustrate the practical application and challenges of these policies with EU member states. The second part of the thesis shifts focus to the EEA-EFTA states, by exploring the unique legal and policy dynamics affecting Norway and Iceland. This policy dynamics affects how immigration is not a part of the EEA agreement but handled exclusively by Norway and Iceland. The thesis will look at how EFTA Surveillance Authority (ESA) and the EFTA Court that serves as monitoring and implementation institutions and places national authorities in the EEA-EFTA states under increasing scrutiny to adapt national immigration rules and practices to conform to EU standards laying emphasis on the principle of homogeneity especially with the 2004 Citizenship Directive which was adopted partially to the EEA Agreement.The thesis will explore the discrepancies between EU and EEA laws, particularly in the context of free movement and the rights of third-country nationals. The thesis concludes with an analysis of the immigration and asylum policies in the EU as well, what immigration and asylum policies apply in the EEA-EFTA states offering insights into the effectiveness of existing frameworks and recommendations for homogeneity practices amongst the EU and EEA-EFTA states with regards to immigration and asylum.