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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 Gap between Policy and Practice: Dublin Regulation III in Post-Overburdened Italy
Trabelsi, Ines ; Bernard Thompson Mikes, Antonin (advisor) ; Rood, Jan (referee)
Focused on procedural safeguards for asylum seekers contained within Dublin Regulation III (Articles 4 and 5), this thesis has the aim of understanding why Italian administrations are still not compliant with these rights, which are nevertheless guaranteed in directly applicable and immediately enforceable EU legislation. This study turns its attention to the enforcement obstacles, and explores the factors that might impede compliance with the law, some of which appeared less self-evident than others. Before proceeding to a technical on-the-ground analysis of the problem informed by expert interviews, the previously assumed argument of 'overburdened peripheral state' is first taken off the debate, since, as the thesis explains, due to recent policies, Italy has not been burdened during the last two years and yet has still been demonstrating lack of compliance. The results point to two clear distinct factors: a poor administration lacking staff, training and autonomy, as well as a lack of control and sanction from EU and National entities, and lack of litigation from below. Further results hinting at the potential existence of political interference in administrations' non-application of these articles have also been highlighted but not confirmed as those are in need of more thorough research....
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The Gap between Policy and Practice: Dublin Regulation III in Post-Overburdened Italy
Trabelsi, Ines ; Bernard Thompson Mikes, Antonin (advisor) ; Rood, Jan (referee)
Focused on procedural safeguards for asylum seekers contained within Dublin Regulation III (Articles 4 and 5), this thesis has the aim of understanding why Italian administrations are still not compliant with these rights, which are nevertheless guaranteed in directly applicable and immediately enforceable EU legislation. This study turns its attention to the enforcement obstacles, and explores the factors that might impede compliance with the law, some of which appeared less self-evident than others. Before proceeding to a technical on-the-ground analysis of the problem informed by expert interviews, the previously assumed argument of 'overburdened peripheral state' is first taken off the debate, since, as the thesis explains, due to recent policies, Italy has not been burdened during the last two years and yet has still been demonstrating lack of compliance. The results point to two clear distinct factors: a poor administration lacking staff, training and autonomy, as well as a lack of control and sanction from EU and National entities, and lack of litigation from below. Further results hinting at the potential existence of political interference in administrations' non-application of these articles have also been highlighted but not confirmed as those are in need of more thorough research....
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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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Asylum law in the Czech Republic and Germany considering EU asylum policy
Vítková, Klára ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
This thesis is focused on certain aspects of asylum law in the Czech Republic and Germany and the influence which European asylum law has on them. Its aim is to describe the differences between both legislations, to evaluate the influence of judicature of the national courts on the interpretation of the key terms, and to analyse the impact of EU asylum law on asylum law in the Czech Republic and Germany. In the first part my work deals with a theoretical analysis of the forms of the international protection, above all with the definition of asylum and subsidiary protection, and highlights the differences between both legislations. The second chapter follows up with the analysis of certain judgements of high national courts concerning the reasons of persecution, and demonstrates different judicial approaches. The third and the last part is concentrated on EU asylum law, above all practical realisation of the Dublin Regulation and the implementation of important directives, and tries to critically evaluate its influence on the national asylum legislation.
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