Asylum in the European Union

The asylum policy in the EU is to try to realize a uniform asylum and refugee policy in the European Union.

Term

Under asylum ( the word comes from the Greek σῦλος Sylos, home or origin ) refers to the temporary grant of protection, as well as existential basic security for political persecution. Under European law, asylum is further granted to persons who can not return to their home country due to civil wars or other threat to their physical integrity (subsidiary protection ) for the time being.

History of European asylum and refugee policy

The roots of European asylum and refugee policy date from the time of the Treaties of Rome in 1957, even if the development was not initially provided. The process of developing a single European market was accompanied by the batch standardization of asylum policy. Here, most progress in the 1980s was achieved through ever closer police cooperation and ultimately by the Schengen Agreement of 1985 and by the European Act of 1986, as the security risks that are caused by the opening of the internal market, only through a more uniform policy could be compensated. The Maastricht Treaty in 1992 is listed as a major advance in relation to asylum and refugee policy, as they are here treated for the first time as " matters of common interest." Since decisions had to be unanimous in this field, but the decision-making authority remained with the Member States. This they had to give up but in the wake of the Amsterdam Treaty to the EU in 1997, as the refugee and asylum policy were transferred from the third intergovernmental aligned in the supranational first pillar. Critical, however, to note that the "stay in / opt out " scheme Member States were given the opportunity to implement the changes only partially (Ireland, UK ) or not (Denmark). Since the beginning of the 21st century, the Member States put even more effort a pooling of asylum policy, which is why a two-stage plan was drafted by the Hague Programme in 2004 to harmonize these across the EU.

In the first phase, which is considered completed since 2006, the basis for a unification was created with the help of four legal instruments:

• The Dublin Regulation, according to which an asylum seeker must submit his application for asylum in the Member State in which he first entered.
• The Asylum Reception Directive, which aims to establish minimum standards in reception and care of asylum seekers.
• The Qualification Directive is to ensure that refugees (subsidiary ) protection is provided, the claim to asylum are entitled according to the Geneva Convention, but on the basis of the European Convention on Human Rights still can not be sent back to their country ( as "subsidiary protection ").
• The Asylum Procedures Directive establishes minimum standards for asylum seekers, for example, a procedural guarantee.

The second phase sees as the focus remains particularly a burden sharing within the EU, as well as closer cooperation with third countries in order to curb push factors.

The goal of an EU-wide asylum system

After establishing the legal framework for a common EU asylum policy in the Amsterdam Treaty of 1999, the European Heads of State and Government adopted the Tampere program in Tampere, Finland. This should underpin the existing asylum and refugee policy by a collective asylum system and by a communitarized migration policy and consequently develop the EU into an "area of freedom, security and justice ". This is based on reason that the idea of a unitary space in which all refugees are treated equally and each Member State meets the same level of protection to realize. Concretely, this means that each Member State after completion of the first phase of the program minimum legal standards, especially all the rules of the Geneva Convention on Refugees and the principle of non-refoulement, has anchored. The decision of the Hague Programme 2004, these guidelines were largely confirmed. However, the influence of the attacks of 11 September 2001 was unmistakable, as you can see to the security considerations relating to illegal immigrants and the protection of the EU external borders. The Hague Programme but also the significance of the European Convention on Human Rights, the Charter of Fundamental Rights and the Geneva Convention was underlined. In the second phase - by rating the acts of the first phase - the Hague program, the standards of protection across the EU should be increased. In addition, a so-called load balancing should be introduced. The Green Paper of the European Commission on 6 June 2007 and its strategy paper of 17 June 2008 increased once the pan-European approach of a common asylum and refugee policy. The Commission clarified the will to guarantee the refugees a fair trial in each EU Member State. This should prevent a disproportionate distribution in the EU countries and secondary movements. By 2012 a standard asylum procedure and a uniform status for refugees and for persons enjoying subsidiary protection should be implemented.

The successor of the Hague Programme, the Stockholm Programme for the period 2010 to 2014.

Criticism

The asylum and refugee policy is often part of many human rights organizations and institutions in the criticism, as is located is not the protection of, but the protection against refugees in the focus of development.

Thus, the High Commissioner for Refugees, the United Nations has repeatedly expressed concern about the handling of European countries with refugees and migrants and encouraged conferences on the subject. The human rights organization called Pro asylum together with other organizations (Amnesty International, AWO, Caritas and other ) in July 2009, a " fundamental change of EU refugee policy." Amnesty International reported many times in his journal, " Amnesty Journal" about the situation of refugees in the Mediterranean. Human Rights Watch finally published a report on the treatment of refugees, asylum seekers and migrants in Libya in September 2009.

Is criticized, among other things, the policies of individual Member States to cut through treaties with third countries, the number of incoming refugees. These would often been intercepted at sea and thus made an application for asylum impossible. Thus, the number of asylum applications fell from 1992 to 2007 by 460,000 to 220,000. Reason for this procedure is the refugee situation, particularly in southern countries such as Italy, Spain and Greece, the latter particularly feel overwhelmed. The problem of geographical location - a large proportion of asylum seekers making the journey across the Mediterranean Sea - would be strengthened by the Dublin Regulation further as fugitives only in the country can apply for asylum in the verifiably entered European soil for the first time and after traveling to other EU Member States are expected to be deported on the basis of Regulation back to this country. What problems the number of refugees raises, see the example Greece. The way will dealt with in the refugees and the conditions in which they have to live, be according to the European Court of Justice "inhuman and degrading". Furthermore, are the chances of acceptance of the application compared to other EU countries far smaller, often there would be no congestion on the basis of fair processes.

Deportations during the Dublin Regulation to Greece are therefore temporarily suspended, a greater solidarity among the northern and central European EU Member States was repeatedly asked by the southern EU countries.

The previous harmonization of asylum policy, the attempt to create a similar legal situation, as well as treatment and EU supply far is, therefore failed.