BUILDING THE COMMON EUROPEAN ASYLUM SYSTEM AND ITS ADJUSTMENT TO MASS REFUGEE FLOWS Cover Image

ИЗГРАДЊА ЗАЈЕДНИЧКОГ ЕВРОПСКОГ СИСТЕМА АЗИЛА И ЊЕГОВО ПРИЛАГОЂАВАЊЕ МАСОВНОМ ПРИЛИВУ МИГРАНАТА
BUILDING THE COMMON EUROPEAN ASYLUM SYSTEM AND ITS ADJUSTMENT TO MASS REFUGEE FLOWS

Author(s): Nebojša Raičević
Subject(s): International Law, Migration Studies, EU-Legislation
Published by: Правни факултет Универзитета у Нишу
Keywords: Asylum; European Union; Common European Asylum System; refugees; subsidiary protection

Summary/Abstract: Once the Schengen Agreement came into force, there was a need to adopt a framework of common rules which would regulate some asylum-related issues in the newly- created Schengen area without internal borders. The first step in that course was made in 1990 by adoption of the Convention Determining the State Responsible for Examining Applications for Asylum, as an instrument of classical intergovernmental cooperation. Whereas the Maastricht Treaty did not bring any significant developments in the field of asylum policy, the Amsterdam Treaty was a significant turning point in this field. Under this Treaty, the asylum policy became part of the first pillar of EU, which implies that the Brussels institutions were given the authority to embark on the process of establishing the Common European Asylum System (CEAS). In the first phase of development of the CEAS system (1999-2005), the EU adopted a number of binding Community acts which laid down minimum asylum standards. Drawing upon the shortcomings observed during the implementation of the adopted directives and regulations, the EU embarked on their review and recast. The instruments adopted in the second phase of developing the CEAS system (2006-2013) were much more detailed and advanced in terms of regulating both the procedure for providing international protection and the contents of that protection. However, such a concept of the CEAS has turned out to be quite ineffective in the circumstances of mass migrant flows. For this reason, in 2015, the EU has adopted a range of measures aimed at eliminating the observed shortcomings.

  • Issue Year: LIV/2015
  • Issue No: 71
  • Page Range: 13-32
  • Page Count: 20
  • Language: Serbian