engleski

Europaeanisation of Asylum : From Sovereignty via Harmony to Unity

To what extent asylum decisions within the EU amount to a EU asylum policy? The paper tackles the question within a simplified and amended framework recommended by Lasswell and McDougal’s policy analysis (the amendment is that the postulation of basic public order goals has three inter-related functions: the explication of evaluative assumptions entertained by the policy analyst ; the articulation, appraisal, revision and ordering of the assumptions, which results in a prescription of public order goals ; the identification and ordering, from among a potentially endless flow of empirical data, of those decisions that conform to the postulated goals). The principal postulated goal is human dignity or a free society. Subordinate goals include the right to life, the right to freedom, the rule of law, and solidarity. The analysis of tendencies in decision, although exhaustive, does not suffice to give an unequivocal answer to the principal question. A major reason is a discrepancy between the EU treaties and directives on asylum, which are allegedly the basic and the implementing EU instruments respectively. However, it is apparent that the minimum standards are an insufficient incentive for proper harmonisation of national asylum systems, and leave a too high level of discretion to the member states regarding the transposition of the legal acquis into national systems The Europeanisation of asylum policy has not been inspired by humanitarian considerations but by policies of the member states, on the one hand, to discourage and prevent asylum seekers to access state territories and, on the other, to process promptly and efficiently asylum applications. European institutions will probably keep putting efforts in the building of the Common Asylum System and harmonisation of national asylum systems, particularly in the direction of the establishment of a single procedure and uniform refugee status at the level of the entire Union. However, the question now arises to what degree the member states will actually harmonise their national asylum systems with the specified higher standards. Even an appropriate asylum system will be of little importance if it is not accompanied by specific measures that allow for the possibility of access to the asylum system and protection in the EU territory. Changes in the policy of the management of the external borders, which restricts access to the asylum policy in various ways, are necessary, so as to ensure full respect for the right to seek asylum.

asylum; European Union; policy; law; policy oriented jurisprudence

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