scholarly journals European asylum law. Reality and challenges in the context of immigration

2016 ◽  
Vol 2 ◽  
pp. 123-139
Author(s):  
Ana Celeste Carvalho
Keyword(s):  
Asylum Seekers ◽  
Large Scale ◽  
Geneva Convention ◽  
Legal Discourse ◽  
Eu Law ◽  
Nation States ◽  
Asylum Law ◽  
Refugees And Asylum Seekers ◽  
Migratory Movements ◽  
The Eu

The protection of the rights of refugees and asylum seekers has become an important issue in legal discourse. This is primarily due to rising migration levels, precipitated by greater political and economic instability in overseas nation states such as Syria for example, which has been embroiled in a protracted civil war that has left the country in shambles and its people with no hope for the better future. As a result of large-scale migratory movements in the EU space today, it is a major challenge for Member States to comply with the Geneva Convention and EU law concerning the protection of refugees and asylum seekers.

Psychopathology in refugees subjected to the Dublin Regulation: an Italian study

CNS Spectrums ◽  
2020 ◽  
pp. 1-7
Author(s):  
Emanuele Caroppo ◽  
Pierluigi Lanzotti ◽  
Luigi Janiri
Keyword(s):  
Asylum Seekers ◽  
Integrated Treatment ◽  
Post Traumatic Stress ◽  
Emotional Context ◽  
The Status ◽  
Dublin Regulation ◽  
Post Traumatic ◽  
Dissociative Subtype ◽  
Refugees And Asylum Seekers ◽  
The Eu

Abstract Background. Literature shows that migrants—a generic definition for persons who leave their own country of origin—have increased psychopathological vulnerability. Between 2014 and 2017, 976 963 non-European Union (non-EU) people arrived in Italy, of which 30% for humanitarian reasons. This study is aimed at a better understanding of the experience of asylum seekers who transferred to Italy were subjected to the EU Dublin Regulation and most of them suspended in their asylum application. Methods. We elaborate a descriptive study based on a population of refugees and asylum seekers who have suffered from social and personal migratory stressful factors. Clinical data was collected between 2011 and 2013 at the “A. Gemelli” General Hospital IRCCS, Rome, Italy. Minors, elderly people, and patients who are unable to declare a voluntary consensus and economic migrants were excluded from the study. Candidates for the status of refugee or asylum seekers were included. Results. The sample consisted of 180 asylum seekers aged 25.52 ± 5.6 years. Most frequently diagnosis was post-traumatic stress disorder (PTSD) (53%), subthreshold PTSD was reported in 22% of subjects. We found phenomenological patterns highly representative of PTSD of the dissociative subtype. Around 20% of the sample suffered from psychotic symptomatology. Conclusions. Loss of the migratory project and the alienation mediated by chronic social defeat paradigm may trigger a psychopathological condition described by the failure to cope with the negative emotional context of social exclusion and solitude. A common and integrated treatment project is needed, with the scope of reintegrating the migrant’s personal and narrative identity.

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.

Must EU Borders have Doors for Refugees? On the Compatibility of Schengen Visas and Carriers' Sanctions with EU Member States' Obligations to Provide International Protection to Refugees

2008 ◽  
Vol 10 (3) ◽  
pp. 315-364 ◽  
Author(s):  
Violeta Moreno Lax
Keyword(s):  
Geneva Convention ◽  
Eu Law ◽  
International Protection ◽  
Eu Member States ◽  
Common European Asylum System ◽  
The One ◽  
Teleological Interpretation ◽  
Physical Access ◽  
The Eu ◽  
Special Protection

AbstractWhereas the EU is developing a highly protective Common European Asylum System in purported compliance with the Geneva Convention, it is also displaying growing reluctance to provide unhindered access to it to those in need. The question of physical access to protection is ambiguously dealt with within EU law. On the one hand, it appears that entry to the Schengen zone has been designed disregarding refugees' entitlement 'to special protection'. Prior to admission, refugees seem to have been assimilated to the broader class of (potentially illegal) immigrants and thus required to submit to general immigration conditions, including visa. On the other hand, some isolated EU law rules give the impression that refugees are to be exonerated from normal admittance requirements.This article intends to show how, 'in the light of present day conditions,' a contextual, dynamic and teleological interpretation of Articles 31 and 33 of the Geneva Convention as well as of Articles 3 ECHR and 2(2) of Protocol 4 ECHR require that the second set of EU rules be appropriately furthered.

The Challenges of Registration of Asylum-Seekers in the Hashemite Kingdom of Jordan

2020 ◽  
pp. 1-19
Author(s):  
Sarah Mahmoud al-Arasi ◽  
Muneer Mohammad Shahada al-Afaishat ◽  
Tareq Majed al-Tibi
Keyword(s):  
United Nations ◽  
Armed Conflict ◽  
Asylum Seekers ◽  
United Nations High Commissioner ◽  
Asylum Law ◽  
High Commissioner ◽  
Identification Documents ◽  
Card System ◽  
Magnetic Card ◽  
Refugees And Asylum Seekers

Abstract This study aims to identify difficulties and challenges facing countries without a National Registration Law, with the Hashemite Kingdom of Jordan as model. Jordan, in compliance with the United Nations High Commissioner for Refugees (UNHCR), regulates the presence of refugees and asylum seekers inside the Kingdom and at its borders in accordance with the UNHCR 1998 Memorandum of Understanding. Many such individuals have lost their identification documents when forced to leave their homelands due to armed conflict. Jordanian authorities try to solve such problems through the use of a magnetic-card system and iris scans. This study concludes that Jordan, in ratio to its population, is the second country worldwide to host the largest number of refugees. This study recommends that Jordan enact a National Asylum Law to regulate the presence of such refugees in the Kingdom.

Safe Country of Origin List at the EU Level: The Bargaining Process and the Implications

2012 ◽  
Author(s):  
Anca Gurzu
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Geneva Convention ◽  
National Level ◽  
Country Of Origin ◽  
European Parliament ◽  
Bargaining Process ◽  
Member States ◽  
The Creation ◽  
The Eu

Critics have often highlighted that the 1999 Tampere decision to establish a common European Union (EU) asylum system has been too focused on security and not enough on human rights, leading to increased denial of protection for asylum seekers. This paper focuses on a controversial asylum policy, which is part of this debate: the safe country of origin (SCO) policy. This policy revolves around having a list of countries deemed "safe" which ensures asylum seekers from these countries are fast tracked through the system and likely denied asylum in the end, based on a general assumption that the application is unfounded. Human rights groups have argued the SCO policy violates the Geneva Convention. Widely used at the national level, officials proposed the creation of a supranational SCO list in the early 2000s. However, disagreements among Member States over what countries to deem “safe" as well as the need to place the European Parliament in a co-decision (as opposed to consultative) position for the creation of the EU SCO list have led to an impasse. This paper employs two major European integration theories, neofunctionalism and liberal intergovernmentalism, to explain the bargaining dynamics between Member States and their failure to agree on what “safe" means. Factors such as different national migratory pressures, varied procedural understandings and applications of the SCO policy, a limited successful harmonization in related asylum policies, along with a reluctance to have the European Parliament in a co-decision position all contributed to the non-adoption of a supranational SCO list.   Full text available at: https://doi.org/10.22215/rera.v7i1.212

scholarly journals International Migration amid a World in Crisis

2020 ◽  
Vol 8 (3) ◽  
pp. 230-245
Author(s):  
Joseph Chamie
Keyword(s):  
International Migration ◽  
Asylum Seekers ◽  
Large Scale ◽  
Legal Status ◽  
International Community ◽  
Executive Summary ◽  
International Agencies ◽  
National Border ◽  
Refugees And Asylum Seekers ◽  
Push And Pull

Executive Summary This article comprehensively examines international migration trends and policies in light of the coronavirus disease 2019 (COVID-19) pandemic. It begins by reviewing migration developments throughout the past 60 years. It then examines pandemic-related migration trends and policies. It concludes with a series of general observations and insights that should guide local, national, regional, and international policymakers, moving forward. In particular, it proposes the following: National measures to combat COVID-19 should include international migrants, irrespective of their legal status, and should complement regional and international responses. Localities, nations, and the international community should prioritize the safe return and reintegration of migrants. States and international agencies should plan for the gradual re-emergence of large-scale migration based on traditional push and pull forces once a COVID-19 vaccine is widely available. States should redouble their efforts to reconcile national border security concerns and the basic human rights of migrants, refugees, and asylum seekers. States and the international community should accelerate their efforts to address climate-related migration. States of origin, transit, and destination should directly address the challenges of international migration and not minimize them.

Creeping Crimmigration in CEAS Reform: Detention of Asylum-Seekers and Restrictions on Their Movement under EU Law

2020 ◽  
Author(s):  
Izabella Majcher
Keyword(s):  
Criminal Law ◽  
Asylum Seekers ◽  
Due Process ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Movement ◽  
Asylum Law ◽  
Penal Law ◽  
Immigration And Asylum ◽  
Broad Understanding

Abstract This article analyses freedom-restricting measures set forth in the Reception Conditions Directive and its proposed recast; it does so through the lens of the concept of crimmigration, understood as convergence between criminal and (administrative) immigration and asylum law. To tackle “secondary movements” within the European Union (EU), the proposed amendment of the Directive establishes a broad understanding of the risk of absconding, which can justify detention, and expands the restrictions on asylum-seekers’ freedom of movement. The article argues that asylum detention under EU law pursues penal law objectives, such as deterrence and retribution. Restriction on freedom of movement, on its part, may amount to systematic surveillance. This observed crimmigration phenomenon is detrimental to migrants and refugees because the incorporation of criminal law objectives into asylum law has an asymmetric form. Although states subject non-citizens to increasingly punitive measures, the administrative label of immigration detention and restrictions on movement allows them to evade due process guarantees, which typically accompany criminal law proceedings. As the article proposes, appropriate interpretation and application of the principles of lawfulness and proportionality with respect to detention and restrictions on freedom of movement will help circumscribe the scope of the phenomenon of crimmigration under the EU asylum legislation.

scholarly journals Izbeglice (Refugees), azilanti (Asylum Seekers) and ilegalni migranti (Illegal Migrants) in Administrative and Public Discourse in Serbia

2020 ◽  
Vol 57 (2) ◽  
pp. 147-167
Author(s):  
Marta Stojić Mitrović
Keyword(s):  
Asylum Seekers ◽  
Public Discourse ◽  
Code Of Conduct ◽  
Irregular Migration ◽  
Eu Accession ◽  
Illegal Migrants ◽  
Asylum Law ◽  
Accession Process ◽  
The Republic ◽  
The Eu

The present discourse concerning asylum and irregular migration, with all its concepts and institutions, techniques and code of conduct, was introduced in the Republic of Serbia through the EU Accession process. As a prerequisite for visa liberalization with the EU (achieved in 2009), Serbia signed readmission agreements with the EU and its member-states and adopted the Asylum Law (Zakon o azilu 2007) and the Law on Foreigners (Zakon o strancima 2008). However, related notions and legal instruments existed in the periods that preceded it. In this text I offer a diachronic overview of conceptual and procedural differences and discuss their entanglements, merging, spilling over and confrontation. In such a way, my aim is to point out their use as political statements in particular, as performatives affecting national and international political contexts.

Sovereignty-based Arguments and the European Asylum System: Searching for a European Constitutional Moment?

2020 ◽  
Vol 22 (1) ◽  
pp. 11-38
Author(s):  
Simone Penasa ◽  
Graziella Romeo
Keyword(s):  
Specific Reference ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Asylum Law ◽  
Domestic Legislation ◽  
Fertile Ground ◽  
Italian Context ◽  
Full Cooperation ◽  
The Eu

Abstract The article expresses a twofold claim: a) sovereignty-based argument finds a fertile ground in EU’s weaknesses in terms of asylum strategy and b) sovereignty arguments in asylum issues can (and must) be confronted with the legal instruments afforded by the existing framework of EU law. To develop the argument, this article is divided into two parts. The first part addresses sovereignism in asylum law and policies, by exploring sovereignist claims and their translation into domestic legislation and policies, with specific reference to the Italian context. It then analyses the recent changes in asylum strategy, within the EU, to test to what extent arguments based on sovereignty stand as a bulwark against full cooperation among EU member states. In the second part, the article examines the legal instruments that EU institution can use and develop to implement solidarity and reduce the margin for the use of sovereignty-based arguments in asylum policies.

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