The Right to Asylum and Readmission in the European Union Law

Authors

Keywords:

asylum, readmission, European Union, human rights, acquis

Abstract

Having in mind the current significance of the issue of irregular migration in Europe, the author of the paper analyses international documents relevant to the creation of common minimum standards in the area of the right to asylum in the European Union (hereinafter: EU), as well as to the arrangement of the rights and obligations of the states in the cases of readmission. In that sense, the documents adopted by the United Nations, the Council of Europe, and the EU that are relevant to the questions of asylum and readmission are presented in the paper, with a special focus on the EU Directives in this field. Since the Republic of Serbia is one of the countries that are facing the issue of migrants, asylum seekers and returnees under the Readmission Agreement, a certain amount of attention is also given to its international obligation regarding this matter. Finally, the author of the paper presents recommendations and suggestions for the improvement of the current state in this area with the purpose of ensuring the protection of the right to asylum as one of the fundamental human rights on the one hand, as well as the fulfilment of international obligations derived from the Readmission Agreement on the other.

References

European Parliament. (n.d.). A common EU asylum and migration policy.

European Community, & Republic of Serbia. (2007). Agreement on the readmission of persons residing without authorization (Official Journal of the European Union L334, 19 December 2007).

Boed, R. (1994). The state of the right of asylum in international law. Duke Journal of Comparative and International Law, 5(1), 1–33.

Carreara, S. (2016). Implementation of EU readmission agreements: Identity determination dilemmas and the blurring of rights. Springer.

Cassarino, J. P. (2010). Readmission policy in the European Union. European Parliament, Directorate-General for Internal Policies, Policy Department: Citizens’ Rights and Constitutional Affairs.

Clark, T. (1992). Human rights and expulsion: Giving content to the concept of asylum. International Journal of Refugee Law, 4(2), 189–204.

European Commission. (2008). Policy plan on asylum: An integrated approach to protection across the EU (COM(2008) 360 final).

European Commission. (2015). A European agenda on migration (COM(2015) 240 final).

European Union. (2012). Consolidated version of the Treaty on the Functioning of the European Union (Official Journal C 326, 26 October 2012).

United Nations. (1951). Convention relating to the status of refugees.

United Nations. (1951). Convention relating to the status of refugees (status as at 23 August 2018).

Council of the European Union. (2001). Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons (Official Journal L 212/12, 7 August 2001).

Council of the European Union. (2003a). Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (Official Journal L 251, 3 October 2003).

Council of the European Union. (2003b). Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (Official Journal L 031, 6 February 2003).

Council of the European Union. (2005). Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (Official Journal of the European Union L 326/13, 13 December 2005).

Council of the European Union. (2004). Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (Official Journal of the European Union L 304/12).

Council of the European Union. (2000). Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention (Official Journal of the European Communities L 316, 15 December 2000).

Council of the European Union. (2002). Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention (Official Journal of the European Communities L 62, 5 March 2002).

European Parliament and Council of the European Union. (2011). Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection (Official Journal of the European Union L 337/9, 20 December 2011).

European Parliament and Council of the European Union. (2013a). Directive 2013/32/EU of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) (Official Journal of the European Union L 180/60, 29 June 2013).

European Parliament and Council of the European Union. (2008). Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (Official Journal of the European Union L 348/98, 24 December 2008).

European Parliament and Council of the European Union. (2013b). Directive 2013/33/EU of 26 June 2013 laying down standards for the reception of applicants for international protection (Official Journal of the European Union L 180/96, 29 June 2013).

European Commission. (n.d.). Asylum procedures.

European Commission. (n.d.). Common European asylum system.

European Commission. (2016). Towards a sustainable and fair common European asylum system.

European Commission. (n.d.). Return and readmission.

European Commission. (n.d.). Country responsible for asylum application (Dublin).

European Commission. (n.d.). Family reunification.

European Commission. (n.d.). Reception conditions.

European Commission. (n.d.). Who qualifies for international protection.

European Commission. (n.d.). Temporary protection.

European Commission. (n.d.). Refugee fund.

Council of Europe. (1950). European Convention for the Protection of Human Rights and Fundamental Freedoms.

European Union Agency for Fundamental Rights. (2014). Handbook on European law relating to asylum, borders and immigration. Publications Office of the European Union.

European Council. (1999). Tampere European Council 15–16 October 1999: Presidency conclusions.

Goodwin-Gill, G. S. (2008). Convention relating to the status of refugees and protocol relating to the status of refugees. United Nations Audiovisual Library of International Law.

European Commission. (2007). Green paper on the future Common European Asylum System (COM(2007) 301 final).

Republic of Serbia. (2007). Law on ratification of the agreement between the European Community and the Republic of Serbia on the readmission of persons residing without authorization (Official Gazette of RS – International Agreements, No. 103/2007).

Lilienkamp, M., & Saliba, S. (2015). EU readmission agreements: Facilitating the return of irregular migrants. European Parliamentary Research Service.

Madureira, V. (2016). International refugee law: Definitions and limitations of the 1951 Refugee Convention.

Orav, A. (2017). Recast Eurodac regulation (EU legislation in progress).

United Nations. (1967). Protocol relating to the status of refugees.

Federal People’s Republic of Yugoslavia. (1960). Regulation on the ratification of the Convention relating to the status of refugees with the Final Act of the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons (Official Gazette of FNRJ – International Treaties and Other Agreements, No. 7/60).

European Parliament and Council of the European Union. (2013a). Regulation (EU) No 604/2013 of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection (Official Journal of the European Union L 180, 29 June 2013).

European Parliament and Council of the European Union. (2013b). Regulation (EU) No 603/2013 of 26 June 2013 on the establishment of “Eurodac” for the comparison of fingerprints (Official Journal of the European Union L 180, 29 June 2013).

Republic of Serbia. (2009). Strategy of reintegration of returnees based on the readmission agreement (Official Gazette of RS, No. 15/2009).

Council of the European Union. (2004). The Hague programme: Strengthening freedom, security and justice in the European Union.

European Commission. (n.d.). Towards a reform of the Common European Asylum System: Dublin IV regulation proposal.

United Nations High Commissioner for Refugees. (2010). Convention and protocol relating to the status of refugees.

United Nations. (1948). Universal Declaration of Human Rights.

Vujadinović, S., Šabić, D., Joksimović, M., Golić, R., Živković, L., & Gatarić, D. (2013). Asylum seekers from Serbia and the problems of returnees: Why Serbia is among the world’s leading countries in number of asylum seekers. Dve domovini / Two Homelands, 37(37), 53–68.

Vuković, D. (2009). Readmisija i upravljanje migracijama. Godišnjak Fakulteta političkih nauka, 3(3), 569–583.

Wild, F. (2016). Readmission agreements of the European Union: A policy instrument with lacking incentives (CIFE Policy Paper No. 28).

Zetter, R. (2014). Protecting forced migrants: A state of the art report of concepts, challenges and ways forward.

Zetter, R. (2015). Protection in crisis: Forced migration and protection in a global era. Migration Policy Institute.

Downloads

Published

2018-10-10

How to Cite

Batrićević, A. (2018). The Right to Asylum and Readmission in the European Union Law. Zbornik Instituta Za kriminološka I sociološka istraživanja, 37(2), 129–149. Retrieved from https://zbornik-iksi.rs/index.php/home/article/view/341

Issue

Section

Articles

Most read articles by the same author(s)

1 2 3 > >> 

Similar Articles

<< < 9 10 11 12 13 14 15 16 > >> 

You may also start an advanced similarity search for this article.