The European Union and the Challenges of Forced Migration: From Economic Crisis to Protection Crisis?
In 1999 the European Union signed the Treaty of Rome, bringing asylum policy within the competence of the European Commission (EC). Subsequently, the Common European Asylum System (CEAS) was created, aimed at the regulation of European refugee protection. The research paper ‘The European Union and the Challenges of Forced Migration: From Economic Crisis to Protection Crisis?’ argues that the effects of the current economic crisis may negatively affect the protection of refugees, because Member States tend to install restrictive asylum policies in times of economic downturn. Now that the CEAS has reached its consolidation phase, the paper seeks to reassess its 4 main strategic pillars against the background of the economic crisis. The paper’s main conclusions per pillar are highlighted below.
First pillar: Preventing access to EU territory
The EU has brought into place 3 types of preventive measures. Pre-entry prevention, post-entry access prevention and the externalisation of asylum processing. These measures are aimed at evading responsibility and allow Member States to escape their obligations under human rights law and the 1951 Geneva Convention. The EU Resettlement Program was designed to act as a compromise to the externalization of asylum processing. There is, however, a significant lack of involvement of Member States in the program.
Second pillar: Combating ‘asylum-shopping’, to seek asylum in several EU Member States
Vagueness and imprecision allow Member States to keep control over the number of recognized refugees. Measures have not achieved harmonization, which has resulted in wide disparity of refugee status recognition rates among Member States and a subsequent discriminatory treatment of asylum-seekers. This entails a risk of detention and a forced removal of persons in genuine need of international protection.
Third pillar: Criminalizing failed asylum-seekers and enforcing their return
The 3rd pillar is a key component of the EU migration policy. As a consequence, the detention of asylum-seekers appears to have become the rule rather than the exception. Member States fail to initiate concrete actions that strengthen migration´s positive effect on development. Promises to offer legal migration opportunities as a reward for third states´ efforts to counter illegal migration are yet to be fulfilled.
Fourth pillar: Promoting integration of refugees duly recognised as such
Positive steps have been taken within the 4rth pillar.
Recognised refugees are increasingly able to enjoy the same
benefits as EU nationals, such as freedom of movement. Nonetheless,
a differential treatment between ‘normal’ refugees and those
refugees that enjoy subsidiary protection remains in place.