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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