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The Dublin system regulated in terms of EU asylum law
Placzeková, Karolína ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
1 Abstract This thesis is dealing with crucial legislation of European Union in the area of asylum law, which came across considerable changes and undergone recently a sustainability test in form of so-called migration crisis. This phenomenon challenged (undermined) the foundations of common action of member states in field of asylum law and border control and could jeopardise the future of Dublin system. Despite the considerable resistance of member states to relocation mechanisms or in other words so-called mandatory quotas, these became one of the main instruments to resolve the current situation. The question remains, if this represents a step in the right direction and the proposed permanent relocation mechanism will help in dealing with crisis, side to side with further proposed secondary legislation in field of asylum law, or will deepen it. Vital is the evaluation of the current situation and to meet the objectives set out for the Dublin system, namely, in particular prevention of so-called asylum shopping and secondary movements of asylum seekers, equal treatment and non-discrimination and asylum law should as well lead to fairer liability distribution in accordance with adherence to principle of solidarity among member states. Thesis comprises of 3 main chapters. In the first chapter, attention is...
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Relocation as a solution to the EU migration crisis
Škapová, Lucie ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
1 Relocation as a Solution to the EU Migration Crisis Abstract Asylum law has traditionally been perceived as a sensitive area of state policy. For this very reason, for a long time, it was mostly excluded from the process of European integration. However, the development of the internal market and the removal of internal borders have ultimately necessitated some degree of harmonisation of asylum and migration policies amongst the Member States. Consequently, there have been several major increases in EU competence in the field of asylum and migration since the 1990s. This has eventually led to the creation of the Common European Asylum System (CEAS). Yet, a prolonged lack of political will to introduce a major reform of the CEAS and to duly implement the principle of solidarity has over the years resulted in serious systemic deficiencies. These defects, in particular the uneven distribution of responsibility between the Member States, have fully shown during the EU migration crisis. This far-reaching crisis has translated into several ad hoc solutions, including the use of an emergency EU competence to adopt temporary measures under Art. 78(3) SFEU (ex Art. 64(2) TEC), which had not been used until then. The adoption of two Council relocation decisions in September 2015 has raised numerous legal questions...
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The Dublin system regulated in terms of EU asylum law
Placzeková, Karolína ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
1 Abstract This thesis is dealing with crucial legislation of European Union in the area of asylum law, which came across considerable changes and undergone recently a sustainability test in form of so-called migration crisis. This phenomenon challenged (undermined) the foundations of common action of member states in field of asylum law and border control and could jeopardise the future of Dublin system. Despite the considerable resistance of member states to relocation mechanisms or in other words so-called mandatory quotas, these became one of the main instruments to resolve the current situation. The question remains, if this represents a step in the right direction and the proposed permanent relocation mechanism will help in dealing with crisis, side to side with further proposed secondary legislation in field of asylum law, or will deepen it. Vital is the evaluation of the current situation and to meet the objectives set out for the Dublin system, namely, in particular prevention of so-called asylum shopping and secondary movements of asylum seekers, equal treatment and non-discrimination and asylum law should as well lead to fairer liability distribution in accordance with adherence to principle of solidarity among member states. Thesis comprises of 3 main chapters. In the first chapter, attention is...
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Changes of the EU asylum and migration law in the light of the current refugee crisis
Müller, Daniel ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
This thesis deals with the proposed changes in the area of EU asylum and migration law in the light of the current refugee crisis. EU asylum and migration law are two separate areas between which there is a "close connection". The paper describes EU asylum and migration legal framework, then delimits the term "refugee crisis" and reviews recent measures taken or proposed by the EU. The thesis is divided into 3 chapters. In the first part of the paper the author follows up the legal framework which encompasses both international legal instruments (1951 Refugee Convention and others) and EU primary law and secondary acts. The second chapter is dedicated to analysis of the "refugee crisis", its crises factors, as well as to reflections on the characteristic of this crisis as a state of emergency. The last chapter, which is internally divided into two subchapters, concerning asylum and migration law, relates to particular measures taken by the EU during the crisis. The subchapter which deals with the asylum law includes the following topics: on the one hand it describes ad hoc measures to tackle the migration crisis in Italy and Greece, on the other hand it analyzes proposals of a system reform (e.g. proposal for a permanent EU relocation mechanism, reform of the Dublin system, completing the reform of...
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