The Future of Asylum in the European Union Problems, proposals and h
The position and treatment of asylum seekers has been at the centre of attention in most of the Member States of the EU in recent years. These Member States have decided to cooperate more and more on asylum issues. However, this leads to questions concern
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Flora A. N. J. Goudappel Helena S. Raulus Editors •
The future of asylum in the European Union Problems, proposals and human rights
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Flora A. N. J. Goudappel Erasmus School of Law Erasmus University Rotterdam Burgemeester Oudlaan 50 3062 PA Rotterdam The Netherlands e-mail: [email protected]
Helena S. Raulus Erasmus School of Law Erasmus University Rotterdam Burgemeester Oudlaan 50 3062 PA Rotterdam The Netherlands e-mail: [email protected]
ISBN 978-90-6704-801-9 e-ISBN 978-90-6704-802-6 DOI 10.1007/978-90-6704-802-6 Ó T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2011 Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: eStudio Calamar, Berlin/Figueres Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
Asylum law in Europe is currently undergoing great changes. A bit more than a decade ago, with the adoption of the Treaty of Amsterdam, the Community gained competence to adopt measures in asylum, in connection with the Area of Freedom, Security and Justice policies.1 This has resulted in the building of the Common European Asylum System (CEAS) by the Union. The goal of the CEAS could be described as creating a European-wide fair, efficient and flexible asylum system. The current framework of CEAS is based on the following main aspects: allocating responsibility for asylum seekers to an appropriate Member State2; and creating common standards for processing asylum-seekers,3 their reception conditions4 and their qualification as a refugee in the Member States.5 To continue the development of the CEAS further, the Commission opened a public consultation in the Green Paper in 2007.6 As a result the Asylum and Immigration Pact was adopted by the Council of Ministers which
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Article 63 EC Treaty. Now the Union has competence to adopt measures on asylum under Article 78 TFEU, the powers have changed considerably here. Previously the Community could only adopt minimum harmonisation measures, whereas now the Union can adopt uniform measures. 2 Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-count
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