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48 Managerial L. 5 (2006)

handle is hein.journals/ijlm48 and id is 1 raw text is: The current issue and full text archive of this journal is available at
Q www.emeraldinsight.com/0309-0558.htm

Constitutionalising
immigration law
Elia Marzal
Law Faculty, Ramon Llull University, Barcelona, Spain
Abstract
Purpose - The object of this research is the reconstruction of the existing legal response by
European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral
of protection.
Design/methodology/approach - One main dimension is selected and discussed: the case law of
the national courts. The study focuses on the legal status of immigrants resulting from the
intervention of these national courts.
Findings - The research shows that although the courts have conferred an increasing protection on
immigrants, this has not challenged the fundamental principle of the sovereignty of the states to
decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay
in their territories. Notwithstanding the differences in the general constitutional and legal structures,
the research also shows that the courts of the three countries considered - France, Germany and
Spain - have progressively moved towards converging solutions in protecting immigrants.
Originality/value - The research contributes to a better understanding of the different legal orders
analysed.
Keywords European Union, Laws and legislation, Immigrants, Case law
Paper type Research paper

Immigration
law

5

l
Managerial Law
Vol. 48 No. 1/2, 2006
pp. 5-251
© Emerald Group Publishing Limited
0309-0558
DOI 10.1108/03090550610646771

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