Towards a common migration Policy (1)
This study discovers various phases of standard migration policy in all of the EU member countries by evaluating recent works on the topic of the standard policy of migration. These aspects include the origin of common policy, the formation of policy, strengthens, weakness and the recommendation against the weakness. To explore these aspects the author has done a literature review on the relevant topic.
To discuss the formation of migration policy author has described different conventions and laws. Migration has taken place throughout human history from the very beginning until today with the purpose of changing residence permanently or temporary basis due to the necessity of surviving and searching opportunities78.
To protect the rights of refugees, EU member countries are altogether forming a standard policy regarding migration. In this literature, the review author has also tried to recommend a new policy in the perspective of sharing the same duties to the refugees by all EU member countries rather than two or three of them. This literature review aims to analyze recent rule and laws and suggest a balanced CEAS play a vital role in global governance on migration.
Significant E.U. actors on migration and asylum policy
At the level of the European Union, the core institutions and services playing an active role are the European Commission, the European External Action Service (EEAS) and the European Council. The European Commission works for legislation, arrangements the policy guidelines, and conveys agreements for political purposes on behalf of Member States.
The rising demand for universal EU policies for the current refugee crisis and the formation of a new structure is demanded from this commission. European External Action Service (EEAS) is working to ensure unity among the different external relation policies of EU and to promote active working strategies between the EU’s Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP). Though EEAS not disbursed any funds directly but EEAS involved making decisions for financial instruments of the EU's external relational structures. As the staffs are working to make a new dimension of asylum and migration issues along with their geographical data's, they provided data of increasing regular migration status.
The Council is the platform where the Member States come together to examine the work of the European Commission and provide a mandate to assign agreements with third countries on their behalf. Usually, migration regulated from the Justice and Home Affairs Policy area of the working groups and ministerial level as well.
The structural complexity of working groups, dialogues, and contact groups consist of the Member States, that have developed in the Council has to turn out to be progressively challenging to navigate. Among the all-working groups, some of them have a broad remit, requiring the presence of several national ministries.
FRONTEX (European Border and Coast Guard Agency) and EASO (European Asylum Support Office) is in charge of implementing EU migration and asylum policy whereas their mandate and budget are increasing over in recent months to develop their capacity against of crisis. Here FRONTEX is responsible for regulating regular missions, for example, turn back third-country nationals to their birth countries and operations at the ocean. On the other hand, EASO provides technical and structural support to EU member states to implement the CEAS.
The EU parliament usually does nothing but keep a minor role in approving various types of bills and regulations. However, after the evaluation of 2015, the EU parliament forms a political and operational view not have any parliamentary spaces to engage with this CEAS process.
The origins of the EU’s asylum law
It has stated that Tampere Summit is a pioneer of the Common European Asylum System observed at 1999. In the Tampere Presidency Conclusions, it is stated that: “The European Council reaffirms the importance the Union and the Member States attach to absolute respect of the right to seek asylum. The council has granted to work towards establishing a Common European Asylum System, based on the full and comprehensive application process of the Geneva Convention, thus ensuring that nobody is sent back to persecution, i.e., maintaining the principle of nonrefoulement”.
The 1951 refugee convention
To understand the background of asylum policy we need to understand the obligation by stepping a little bit back in time. Tampere Summit is empowered by some other back sources like the Refugee Convention, Schengen Agreement and some other institutional activities. After the WW II necessity of an asylum policy appearance soon with the formation of the Universal Declaration of Human Rights (UDHR). It is clearly stated in the international declaration “Everyone has the right to seek and to enjoy in other countries asylum from persecution”. After a few years later, in 1951, after being a lawful ground in Article 14 of the UDHR, the 1951 Refugee Convention was adopted.
To begin with, this Convention had an inadequate impact; its objective was to shelter persons having fled from their birth countries before 1951 and because of the WW-II. Moreover, the limitation of a terrestrial restraint as it stated to emigrant persons within Europe. The 1967 Protocol that was adopted in 1967, removed these two limitations and thus the Convention obtained universal coverage. The Convention of 1951 and the Protocol of 1967 are considered as a pioneer of the structuralized protection process of refugees. They have been ratified by the vast majority of sovereign States including all EU Member States and they provide the definition of “refugee” as well as an extensive set of rights. So, according to the 1951 Convention, “a refugee is someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion”.
In addition, the Convention determines the obligations and the duties of both the refugee and the host-State. The basic guidelines that are followed are those of non-discrimination as to race, religion or country of origin on behalf of the State against the refugee, non-penalization of the refugee who entered the territory of the State unlawfully and non-expulsion or return of the refugee to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion (principle of non-refoulement).
In addition, the Convention determines the obligations and the duties of both the refugee and the host-State. The basic guidelines that are followed are those of non-discrimination as to race, religion or country of origin on behalf of the State against the refugee7, non-penalization of the refugee who entered the territory of the State unlawfully and non-expulsion or return of the refugee to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion (principle of non-refoulement)9.
In the end, the Convention standardize the minimum requirements of protection that a State should offer to its refugees. Among others, these rights feature judicial protection of the refugees, access to elementary education, access to social security and administrative assistance13. Finally, the preamble of the 1951 Convention underlines the need for international cooperation as “the grant of asylum may place unduly heavy burdens on certain countries”.