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The Principle of Solidarity and Burden-sharing in the EU Area of Freedom, Security and Justice
Zilvarová, Aneta ; Šlosarčík, Ivo (advisor) ; Weiss, Tomáš (referee)
This thesis deals with the issue of solidarity and burden-sharing (responsibility-sharing respectively) in the EU Area of Freedom, Security and Justice. Its primary aim is to apply the theory of burden-sharing to the case of the EU asylum policy and in particular, to verify or falsify Olson's free-riding hypothesis on the exploitation of the great by the small (meaning of the rich by the poor). This hypothesis will be tested using a mixed research method which combines qualitative and quantitative elements. The qualitative part will focus on the analysis of the so-called Dublin Regulation (Dublin II and III) and its criteria and mechanisms of determining the responsible Member State for examining an asylum application. Applying Moravcsik's liberal intergovernmentalism, a special emphasis will be placed on the proces of negotiating the Regulation (Dublin II) in an attempt to identify and clarify dominant Member States' positions and their influence on the final wording. Consequently, the level of burden- sharing will be illustrated on the example of interstate transfers of asylum seekers (so-called physical burden-sharing). This type of burden-sharing will be also demonstrated qualitatively by means of statistical data available for the period of 2008-2013 which will be interpreted in relation to...
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The regulation of asylum law after the Lisbon Treaty entered into force
Čauševič, Azra ; Scheu, Harald Christian (advisor) ; Honusková, Věra (referee)
The aim of the thesis is to analyse asylum law of the European Union with focus on the changes, which introduced the Treaty of Lisbon. The paper describes development of the EU asylum law, establishing of the Common European Asylum System (CAES) and changes that Lisbon Treaty introduced in comparison with the former regulation. The text also deals with the right to asylum, which is established in the Charter of Fundamental Rights of the EU. The thesis is divided into 7 chapters. In the first part of the paper the author follows historical development of the asylum law of the European Union and beginning of the harmonization until adoption of the Amsterdam Treaty. The second chapter is dedicated to the establishment of the CAES, which more than 10 years ago became main priority of the asylum policy of the EU and which aims to harmonize asylum laws of the Member States and therefore ensure a unified application not only of international, but also of European legislation from this area. Recent major changes in the structure and functioning of the European Union, which were introduced by the Lisbon Treaty, are in general outlined in the third chapter of this paper. Detailed description of changes is presented in the next chapter, which is divided into section according to the institutions. Each...
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An impact of the qualifying directive upon the position of a refugee in the EU
Stehnová, Aneta ; Scheu, Harald Christian (advisor) ; Honusková, Věra (referee)
An impact of the qualifying directive upon the position of a refugee in the EU - Abstract This thesis deals with an impact of the qualifying directive upon the position of a refugee in the EU. The purpose of the thesis is to analyse partial provisions of the directive1 and to explore their impact upon refugees and people with a status of subsidiary protection. Issues of asylum are being discussed a lot at this time with regard to thousands of people in need of an international protection. The thesis consists of introduction, five chapters and conclusion. The introduction determines subject matter of the thesis and factual situation of asylum in EU. Chapter one is divided into two subchapters. Subchapter one illustrates historical development of Common European Asylum System. Subchapter two outlines legal basis of the directive and it is divided into four parts. Chapter two is the most comprehensive. It explains conditions for an obtaining of refugee status in accordance with the direction. It contents five subchapters. Subchapter one focuses on definition of refugee which features person needs for obtaining refugee status. Subchapter two describes the term "well-founded fear of persecution" which is crucial for the definition. It consists of four parts and each of them deals with the specific aspects of the...
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Asylum Policies and Integration of Refugees in the Visegrad countries 1989-2015
Bartalová, Edina ; Vykoukal, Jiří (advisor) ; Klípa, Ondřej (referee)
Following the political changes induced by the fall of the Communist regimes across Eastern Europe, the Czech Republic, Slovakia, Hungary and Poland embarked on the road of economic liberalization and democratization. This process was formally concluded with the so-called Visegrád countries' accession to the EU in 2004. However, in relation to the refugee crisis the Visegrád countries emerged within the EU united in their opposition to comply with the so- called mandatory refugee relocation scheme. The position of the Visegrád countries evoked not only significant media attention but also academic inquiry on the securitization of asylum policies in the Visegrád region. This research analyses the Europeanisation of the asylum policies in the Visegrád countries in three periods: 1. the early years of democratic development 2. The harmonization of policies leading up to EU accession and 3. The development of related policies after EU accession. The Europeanisation of asylum policies coincide with the development of the Common European Asylum System and the deepening of EU legislative powers in the field of asylum policy. The author concluded that the field of integration policy where Member States retain significant authority has become a strict control mechanism of limiting displaced person access to...
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The Principle of Solidarity and Burden-sharing in the EU Area of Freedom, Security and Justice
Zilvarová, Aneta ; Šlosarčík, Ivo (advisor) ; Weiss, Tomáš (referee)
This thesis deals with the issue of solidarity and burden-sharing (responsibility-sharing respectively) in the EU Area of Freedom, Security and Justice. Its primary aim is to apply the theory of burden-sharing to the case of the EU asylum policy and in particular, to verify or falsify Olson's free-riding hypothesis on the exploitation of the great by the small (meaning of the rich by the poor). This hypothesis will be tested using a mixed research method which combines qualitative and quantitative elements. The qualitative part will focus on the analysis of the so-called Dublin Regulation (Dublin II and III) and its criteria and mechanisms of determining the responsible Member State for examining an asylum application. Applying Moravcsik's liberal intergovernmentalism, a special emphasis will be placed on the proces of negotiating the Regulation (Dublin II) in an attempt to identify and clarify dominant Member States' positions and their influence on the final wording. Consequently, the level of burden- sharing will be illustrated on the example of interstate transfers of asylum seekers (so-called physical burden-sharing). This type of burden-sharing will be also demonstrated qualitatively by means of statistical data available for the period of 2008-2013 which will be interpreted in relation to...
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The regulation of asylum law after the Lisbon Treaty entered into force
Čauševič, Azra ; Scheu, Harald Christian (advisor) ; Honusková, Věra (referee)
The aim of the thesis is to analyse asylum law of the European Union with focus on the changes, which introduced the Treaty of Lisbon. The paper describes development of the EU asylum law, establishing of the Common European Asylum System (CAES) and changes that Lisbon Treaty introduced in comparison with the former regulation. The text also deals with the right to asylum, which is established in the Charter of Fundamental Rights of the EU. The thesis is divided into 7 chapters. In the first part of the paper the author follows historical development of the asylum law of the European Union and beginning of the harmonization until adoption of the Amsterdam Treaty. The second chapter is dedicated to the establishment of the CAES, which more than 10 years ago became main priority of the asylum policy of the EU and which aims to harmonize asylum laws of the Member States and therefore ensure a unified application not only of international, but also of European legislation from this area. Recent major changes in the structure and functioning of the European Union, which were introduced by the Lisbon Treaty, are in general outlined in the third chapter of this paper. Detailed description of changes is presented in the next chapter, which is divided into section according to the institutions. Each...
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An impact of the qualifying directive upon the position of a refugee in the EU
Stehnová, Aneta ; Scheu, Harald Christian (advisor) ; Honusková, Věra (referee)
An impact of the qualifying directive upon the position of a refugee in the EU - Abstract This thesis deals with an impact of the qualifying directive upon the position of a refugee in the EU. The purpose of the thesis is to analyse partial provisions of the directive1 and to explore their impact upon refugees and people with a status of subsidiary protection. Issues of asylum are being discussed a lot at this time with regard to thousands of people in need of an international protection. The thesis consists of introduction, five chapters and conclusion. The introduction determines subject matter of the thesis and factual situation of asylum in EU. Chapter one is divided into two subchapters. Subchapter one illustrates historical development of Common European Asylum System. Subchapter two outlines legal basis of the directive and it is divided into four parts. Chapter two is the most comprehensive. It explains conditions for an obtaining of refugee status in accordance with the direction. It contents five subchapters. Subchapter one focuses on definition of refugee which features person needs for obtaining refugee status. Subchapter two describes the term "well-founded fear of persecution" which is crucial for the definition. It consists of four parts and each of them deals with the specific aspects of the...
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European Agenda on Migration and its impact on the European Integration with focus on Germany
HRBKOVÁ, Kristina
The bachelor thesis focuses on impact analyses of the European Agenda on Migration (hereinafter referred to as EAM) and its particular policies, including the way of their adoption and implementation, on the European integration. The EAM containing a package of measures and policies was set up by the European Commission in May 2015 for managing and solving of the today´s migration crisis and for revision of the whole European system of migration, asylum and border management. Although there are long-term integrating tendencies it the area of justice and home affairs, understanding and interpretation of the policies, capability and political willingness to implement the program create within the EU two completely contradictory tendencies. Although most of the policies are intended to lead directly towards deeper European integration in the area of justice and home affairs, their real implementation, either due to political or practical reasons, is questioning further deepening of the European integration. For instance, relocation mechanisms which are supposed to support an idea of burden sharing among the Member States and thus this concept should have led to further European integration, has under current state more dividing effect on the EU. With respect to the orientation of the study program at the South Bohemia University, a role of Germany, as a leader of the Union next to the EU institutions, from different perspectives, in the whole process of adoption and implementation of the EAM is being analysed.
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The legal status of asylum seekers in the EU
Potluková, Pavlína ; Grmelová, Nicole (advisor) ; Šťastný, Tomáš (referee)
The purpose of the bachelor thesis is to describe circumstances relating to completion of Common European Asylum System, furthemore the work is focused on asylum procedures in developed countries. The work is divided into four chapters, the first of which explains the basic concepts of an asylum area. In the second chapter, there is depicted the development of legal status of refugees and asylum seekers, in connection with legal acts and international treaties governing the status of these persons. The issue of basic rights and obligations of asylum seekers and refugees is entrusted to the third part of work, followed by a chapter focusing on the description of asylum procedures and its results in five selected european countries.
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