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The Paradox of Refugee Protection in the EU

The Paradox of Refugee Protection in the EU. The EU as a “single asylum space”. Research question:. The Common European Asylum System (CEAS): What are the implications of the EU as a “single asylum space” for asylum seekers? - for the global asylum regime?

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The Paradox of Refugee Protection in the EU

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  1. The Paradox of Refugee Protection in the EU The EU as a “single asylum space”

  2. Research question: • The Common European Asylum System (CEAS): What are the implications of the EU as a “single asylum space” • for asylum seekers? • - for the global asylum regime? • - for the Newest Member States of the EU, particularly those whose borders span the external frontiers of the Union? (Does the EU have an adequate burden-sharing mechanism, or has the recent expansion simply been a case of burden-shifting?) • - for “ safe third countries?” (To what extent does this policy ‘export’ the obligation to grant asylum beyond EU territory?)

  3. Defining Sub-questions: • What factors have caused the Common European Asylum System (CEAS) to become more restrictive? • Are these developments consistent with the EU’s claims to be an area of “freedom, security and justice”? • Are these developments consistent with the EU’s obligations at international law? (Universal Declaration of Human Rights, 1951 Refugee Convention) • Is the EU really a “single asylum space”? To what extent are asylum procedures, such as reception and integration policies, uniform across Member States?

  4. Under international law, a refugee is a person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution. They are subgroup of the broader category of displaced persons. They are distinguished from economic migrants who have voluntarily left their country of origin for economic reasons, and from internally displaced persons who have not crossed an international border.

  5. “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” Article 14, Universal Declaration of Human Rights

  6. “ ‘Freedom’ should not be reserved for citizens of the European Union. It would be in contradiction with Europe’s traditions to deny such ‘freedom’ to those who justifiably seek access to the territory.” ~European Commission, ‘A single roof for asylum in the European Union

  7. If we knew what we were doing, it wouldn’t be called research, would it? ~Albert Einstein~ [also attributed to others]

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