Asylum Seekers in the European Union

10.1596/30157 ◽  
2018 ◽  
Author(s):  
2002 ◽  
Vol 20 (2) ◽  
pp. 163-184
Author(s):  
Hannah R. Garry

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.


2005 ◽  
Vol 5 (1) ◽  
pp. 1-34
Author(s):  
Marcel Coenders ◽  
Marcel Lubbers ◽  
Peer Scheepers

Author(s):  
Jordi Ripollés ◽  
Inmaculada Martínez-Zarzoso

AbstractThis paper empirically investigates the effects of governance quality on the number of African asylum seekers in Europe over the period 1996–2018 and evaluates the extent to which official development aid acts as a catalyst. With this purpose in mind, different gravity model specifications and estimation approaches have been employed. The obtained results suggest that the asylum flows are strongly determined by governance quality in the country of origin and that this effect does depend on the amount of foreign aid received from developed countries. Moreover, it is also found that development aid is only effective in reducing asylum applications coming from countries with good governance. Moreover, we find no differences in the estimated elasticity of foreign aid on asylum claims for the beneficiaries of the European Union Emergency Trust Fund (EUTF) for Africa, the main aim of which has been to improve living conditions of potential migrants in their countries of origin.


2018 ◽  
Vol 67 (2) ◽  
pp. 315-351 ◽  
Author(s):  
Daniel Ghezelbash ◽  
Violeta Moreno-Lax ◽  
Natalie Klein ◽  
Brian Opeskin

AbstractThis article compares the law and practice of the European Union and Australia in respect to the search and rescue (SAR) of boat migrants, concluding that the response to individuals in peril at sea in both jurisdictions is becoming increasingly securitized. This has led to the humanitarian purpose of SAR being compromised in the name of border security. Part I contrasts the unique challenge posed by SAR operations involving migrants and asylum seekers, as opposed to other people in distress at sea. Part II analyses the relevant international legal regime governing SAR activities and its operation among European States and in offshore Australia. Part III introduces the securitization framework as the explanatory paradigm for shifting State practice and its impact in Europe and Australia. It then examines the consequences of increasing securitization of SAR in both jurisdictions and identifies common trends, including an increase in militarization and criminalization, a lack of transparency and accountability, developments relating to disembarkation andnon-refoulement, and challenges relating to cooperation and commodification.


2018 ◽  
Vol 14 (1) ◽  
pp. 20-39 ◽  
Author(s):  
Jenny Stümer

The escalating death tolls of migrants seeking to enter Europe are a dramatic testimony to the cynical, dehumanizing, and violent fortification of the European Union, whereby refugees and asylum seekers have become the emblematic figures of contemporary political exclusion. Rather than emerge as a peaceful, open, and postnational community, fortress Europe increasingly relies on a process of (re)walling, evoking the legacy of the camp and redrawing colonial boundaries. Europe’s borders serve as expressions of “necropower” and contemporary biopolitical attempts at subjugating and distinguishing forms of “bare life,” as they regulate forms of life, death, and living death. At the same time, these “necropolitics” remain hidden by the necrogeography of the borderscape. The author argues that this deathscape escalates bare life into bare death as a form of nonrelational death enabled by the constructed otherness of the Muslim refugee. Reading this politics of bare death against Sophocles’s Antigone, this article considers how Europe’s deathscape is mediated and challenged. The author examines the art collective Center for Political Beauty and its controversial project of transporting the bodies of deceased migrants from Italy to Berlin in order to give the dead “dignified burials.” The author suggests that the artists engage a form of “corpse politics” using the ritual of the burial as a way to reintegrate the death of the other. This opening of the European soil enables a reimagining of European sovereignty, acknowledging the relations denied by bare death. The nomos of the earth is reinterpreted as a nomos of the soil, reenvisioning a Europe beyond borders and welcoming “difference” as the grounds for responsible politics.


2019 ◽  
pp. 1-20
Author(s):  
David Scott FitzGerald

Most refugees do not have a legal way of reaching safety in the rich democracies of the Global North. There is no legal line where they can register and wait as their number advances. Obtaining a resettlement slot is like winning the lottery. The only realistic way to reach the Global North is to reach its territory and then ask for asylum. Rich democracies typically abide by the principle of non-refoulement but deliberately and systematically shut down most legal paths to safety. An architecture of repulsion based on cages, domes, buffers, moats, and barbicans keeps out asylum seekers and other migrants. Australia, Canada, the United States, and the European Union have converging policies of remote control to keep asylum seekers away from their territories. The catch-22 for refugees is that rich democracies are essentially telling them, “We will not kick you out if you come here. But we will not let you come here.”


2017 ◽  
Vol 14 (1) ◽  
pp. 127-144 ◽  
Author(s):  
Ibrahim Sirkeci

The European Union has faced one of its biggest crises with the rise of population inflows through its Eastern and Southern neighbours as well as movements within the Union. In 2016, the main debate that dominated Europe was on restricting migration within and into the EU along with concerns and objections to the refugee quota systems and the sharing of the burden among member states. Turkey emerged as a ‘gate keeper’ in this crisis and has since been at the centre of debates because of the large Syrian refugee population in the country and billions of Euros it was promised to prevent refugees travelling to Europe. The Syrian crisis produced over 4.8 million refugees with over 2.8 million were based in Turkey by the end of 2016. Turkey with its generous support for Syrian refugees has been confirmed as a ‘country of security’. This shadows the darker side of affairs as the very same country has also produced millions of asylum seekers since the 1980 military coup. Current circumstances and fresh evidence indicate that there will be more European Union bound refugees coming through and from Turkey. 


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