The abolition of internal border control and its displacement to external frontiers has made it possible to establish the free movement of people across Europe. In addition to this a common migration policy has become necessary now that each State has to take everyone's common interest and security into account. This policy calls for the application of homogeneous rules on external border controls and the adoption of fair and just standards to regulate legal immigration, to grant the status of refugee to those who need it, whatever the reason and also to fight efficiently against illegal immigration.

Although a common ruling on crossing borders is being created, the establishment of a European Border Police force however has encountered resistance amongst the Member States. As far as the policy linked to normal immigration, asylum or the fight against illegal immigration is concerned progress is disappointing and only a few minimalist, ineffectual texts have been written. The lack of political will on the part of the Member States and a poorly adapted institutional system have prevented the Union from achieving this ambitious project. Hence the ratification of the constitutional treaty by the 25 Member States is vital in order to provide a Europe, of free movement, with the means it is lacking to establish a common immigration policy.