Externalising the EU asylum policy. In search for a balance between protecting refugees inside and outside Europe

2021 ◽  
pp. 135-149
Author(s):  
Loredana Teodorescu
Keyword(s):  
Asylum Policy ◽  
The Eu

Evidenziando alcune debolezze dell'attuale sistema di asilo dell'UE, la crisi dei rifugiati ha fatto emergere la necessità di ripensare le modalità di accesso alla protezione per le persone in stato di bisogno. Mentre sul fronte interno gli Stati membri dell'UE faticano a elaborare una risposta comune, l'azione esterna è stata progressivamente rafforzata anche al fine di fornire protezione ai rifugiati. L'articolo intende analizzare i diversi aspetti della dimensione esterna della politica di asilo dell'UE. Dopo aver evidenziato i punti di maggiore complessità della proposta di esternalizzazione del processo di asilo, spesso dibattuta e per il momento abbandonata, il contributo si concentra sul reinsediamento e sul sostegno ai paesi terzi che ospitano rifugiati come le due principali misure in atto, che dovrebbero essere ulteriormente rafforzate secondo il Nuovo Patto Europeo sulla Migrazione e l'Asilo.

scholarly journals Current Challenges of European Integration - 12th Network Europe Conference, 9 – 10 November 2020

2021 ◽  
Author(s):  
André S. Berne ◽  
Jelena Ceranic Perisic ◽  
Viorel Cibotaru ◽  
Alex de Ruyter ◽  
Ivana Kunda ◽  
...  
Keyword(s):  
Member State ◽  
European Integration ◽  
European Commission ◽  
Majority Vote ◽  
Integration Process ◽  
Asylum Policy ◽  
Massive Influx ◽  
The Common ◽  
First Time ◽  
The Eu

Crises are not a new phenomenon in the context of European integration. Additional integration steps could often only be achieved under the pressure of crises.  At present, however, the EU is characterised by multiple crises, so that the integration process as a whole is sometimes being questioned. In 2015, the crisis in the eurozone had escalated to such an extent that for the first time a member state was threatened to leave the eurozone. Furthermore, the massive influx of refugees into the EU has revealed the shortcomings of the Schengen area and the common asylum policy. Finally, with the majority vote of the British in the referendum of 23 June 2016 in favour of the Brexit, the withdrawal of a member state became a reality for the first time. Even in the words of the European Commission, the EU has reached a crossroads. Against this background, the twelfth Network Europe conference included talks on the numerous challenges and future integration scenarios in Europe. 

15. Justice and Home Affairs

2020 ◽  
pp. 343-362
Author(s):  
Sandra Lavenex
Keyword(s):  
European Integration ◽  
Focal Point ◽  
Judicial Cooperation ◽  
Asylum Policy ◽  
Intergovernmental Cooperation ◽  
The Common ◽  
Immigration And Asylum ◽  
Criminal Matters ◽  
Peripheral Aspect ◽  
The Eu

This chapter examines the European Union’s justice and home affairs (JHA), which have evolved from a peripheral aspect into a focal point of European integration and today are at the centre of politicization in the EU. It first considers the institutionalization of JHA cooperation and its gradual move towards more supranational competences before discussing political contestation as expressed in the context of Brexit and the crisis of the common asylum and Schengen systems. The development of cooperation is retraced, looking at the main actors in the JHA, the organization and capacities of EU institutions, the continuity of intergovernmentalism, the proliferation of semi-autonomous agencies and databases, and the flow of policy, taking into account asylum policy and immigration policy, police and judicial cooperation in criminal matters, and the challenge of implementation. The chapter shows how the gradual move of cooperation among national agencies concerned with combating crime; fighting terrorism; and managing borders, immigration, and asylum from loose intergovernmental cooperation to more supranational governance within the EU has remained contested, and argues that this contestation exemplifies the limits of political unification.

Harmonisation of Asylum Law and Policy within the European Union: A Human Rights Perspective

2002 ◽  
Vol 20 (2) ◽  
pp. 163-184
Author(s):  
Hannah R. Garry
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
The European Union ◽  
Member States ◽  
Asylum Policy ◽  
Law And Policy ◽  
Amsterdam Treaty ◽  
Asylum Law ◽  
The Eu

From 1986 to the present, there has been a dramatic increase in the numbers of asylum applications within the borders of the European Union largely from Eastern European countries and former colonies in Africa, Asia and the Middle East. Reacting to the influxes of the 1980s, European States began to implement and coordinate policies to control entry of asylum seekers. Within this climate, the EU has moved towards harmonisation of asylum policy and procedure as necessary for its pursuit of an ‘area of freedom, security and justice’ without internal borders for the purpose of greater economic and political integration. In light of the current restrictive attitudes and practice towards asylum seekers in the individual Member States of the EU, the harmonisation of asylum policy through the institutions and law of the EU may prove to be problematic from a human rights perspective. This paper first traces the development of a common asylum policy within the EU through the Maastricht Treaty and the Amsterdam Treaty. Second, this paper analyses the implications of harmonisation after the Amsterdam Treaty with reference to the international obligations of the Member States under international human rights and refugee law. Third, this paper critiques the development of various current asylum policies and practice through intergovernmental development of ‘soft law’. Through this overview and analysis, it is argued that further steps towards harmonisation will continue to reflect European concerns with security, economic prosperity, and cultural homogeneity unless the moves towards supranationalism within the EU framework lead to a deliberate effort to make respect for human rights the core of asylum law and policy.

European Asylum Policy ‐ Inclusions and Exclusions under the Surface of Universal Human Rights Language

2009 ◽  
Vol 11 (4) ◽  
pp. 347-366
Author(s):  
Jari Pirjola
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Power Struggles ◽  
Member States ◽  
Asylum Policy ◽  
Universal Human Rights ◽  
The Creation ◽  
The Eu

AbstractThe tension between universal human rights commitments and particular interests of the EU or its Member States is at the heart of the creation of a common asylum system. This article explores some of the inherent and structural contradictions as well as the sometimes hidden paradoxes that affect the creation of common asylum policies. The development of the European asylum system is examined as a process of including and excluding. It is argued that open, abstract and empty human rights commitments can provide only limited guidance on how to develop migration and asylum policies in Europe. We should not try to hide the development of the European asylum system behind the obscurity of legal reasoning or institutionalized rights language, but see the emerging common asylum system as a result of different and often conflicting priorities, power struggles and ideological influences.

scholarly journals Of Legislative Waves and Case law: Effective Judicial Protection, Right to an Effective Remedy and Proceduralisation in the EU Asylum Policy

2019 ◽  
Vol 12 (2) ◽  
pp. 143-166
Author(s):  
Evangelia (Lilian) Tsourdi
Keyword(s):  
National Level ◽  
Case Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Asylum Policy ◽  
Basic Set ◽  
Procedural Autonomy ◽  
Effective Remedy ◽  
Judicial Protection ◽  
The Eu

This article explores the multifaceted relationship between the principle of effective judicial protection, the fundamental right to an effective remedy, and secondary EU procedural rules in asylum. Proceduralisation has been an explicit goal of the EU asylum policy since its inception. It has materialised in three legislative waves. The first resulted in the creation of a basic set of procedural guarantees, alongside a plethora of exceptional procedures. The second resulted in modest improvements in terms of harmonisation, and adherence to fundamental rights, but saw exceptional procedural arrangements either retained or introduced. The third, forthcoming wave, aims at further harmonisation that risks, however, being heavily focused on the underlying goal of externalising protection to third countries. Case law of the Court of Justice of the European Union has further refined procedural guarantees shaping national procedural autonomy. Drawing from the Charter rights to good administration and to an effective remedy, the Court has not shied away from adducing additional procedural requirements. It has also clarified how the principle of effective judicial protection and the Charter right to an effective remedy relate to each other, finding that the latter reaffirms the principle of effective judicial protection and largely aligning their scope. The emerging procedural landscape is increasingly complex. The Court's nuanced assessments combined with a plethora of exceptional arrangements at national level led to convoluted standards that are increasingly difficult to put in practice.

scholarly journals Migrantska kriza u Europskoj uniji

2020 ◽  
Vol 40 (3) ◽  
pp. 1231-1248
Author(s):  
Sanja Bježančević
Keyword(s):  
Economic Integration ◽  
Member States ◽  
Asylum Policy ◽  
Migration Crisis ◽  
The Impact ◽  
Fundamental Values ◽  
Informal Cooperation ◽  
The Eu

The EU was founded on economic integration, but it has expanded its areas of competence over the years. Institutions of the EU have also expanded their jurisdiction, while the promotion of peace and values common to the member states as well as creation of a space of freedom, security and justice have become fundamental values of the EU. Significant changes occurred also in the field of asylum policy. Informal cooperation in the 1970s has grown into an institutional one and resulted in creation of a common asylum system. The highlights of the migration crisis in 2015 showed all the shortcomings and pointed to the necessity of reforming the existing common asylum system. The paper shows the impact of migration movements towards the EU on the perception of its citizens on the key problems. Analyzing the ratio between the number of asylum applications submitted to the EU and the problems identified as key problems in EU by EU citizens proves the assumption that increase in migrant arrivals and the increase in the number of asylum applications in member states has contributed to the recognition of migration as a key problem.

European Asylum Policy

2005 ◽  
Vol 194 ◽  
pp. 106-119 ◽  
Author(s):  
Timothy J. Hatton
Keyword(s):  
Asylum Seekers ◽  
Point Of View ◽  
Burden Sharing ◽  
Asylum Policy ◽  
Economic Framework ◽  
Common European Asylum System ◽  
Controversial Topic ◽  
Policy Harmonisation ◽  
Shed Light ◽  
The Eu

Policy towards asylum seekers has been a controversial topic for more than a decade. Rising numbers of asylum applications have been met with ever-tougher policies to deter them. Following a period of policy harmonisation, the EU has reached a crucial stage in the development of a new Common European Asylum System. This paper seeks to shed light on what form this should take. It summarises the development of policy to date and it argues that these policies have been too tough, even from the point of view of EU citizens. Using an economic framework, it examines scenarios with different degrees of policy harmonisation and integration among EU countries. Finally, it argues that there is an important role for enhanced burden-sharing arrangements.

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