You will fin in this part the potential legal bases.
Art. 63 (3) (b) ECT
“3. The Council, acting in accordance with the procedure referred to in Article 67, shall, within a period of five years after the entry into force of the Treaty of Amsterdam, adopt:
b) illegal immigration and illegal residence, including repatriation of illegal residents;”
(Art. 79(2)(c) (New Treaty, not yet in force)
“2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures in the following areas:
(c) illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation;”)
Art. 152.4 ECT “The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall contribute to the achievement of the objectives referred to in this article through adopting:
c) incentive measures designed to protect and improve human health, excluding any harmonisation of the laws and regulations of the Member States.
5. Community action in the field of public health shall fully respect the responsibilities of the Member States for the organisation and delivery of health services and medical care. […]