Academic journal article Case Western Reserve Journal of International Law

A More Acceptable Solution: The Proposed European Union Agency of Asylum and Refugees

Academic journal article Case Western Reserve Journal of International Law

A More Acceptable Solution: The Proposed European Union Agency of Asylum and Refugees

Article excerpt

This Note details the improvements that should be made to a recent proposal submitted by a group of scholars to the European Parliament. The scholars have suggested that the European Union create an independent organization to process asylum applications and to deal with refugee issues in the European Union. This Note agrees with this central proposal, but fleshes out more details that are missing from this initial proposition. The five aspects of refugee processing are detailed in turn: (1) defining a refugee; (2) assigning responsibility for dealing with asylum claims; (3) reception conditions; (4) temporary protection; and (5) long-term residence conditions. The new agency should clarify the scope of the definition of a refugee in order to create a more uniform asylum application process. The Dublin Convention should be abandoned as the determining doctrine for which State will process asylum applications. Reception sites should be given financial assistance and European Union representatives should be placed at the sites. Once a refugee is granted temporary protection, he or she should have the opportunity to move freely for employment. Each State should be encouraged to submit a survey detailing its needs to the new agency so that the agency can determine the best fit for the relocation of individual refugees. This Note also suggests that the proposed agency create programs that would promote tolerance and acceptance of refugees, and further emphasizes the need to find a solution that will be accepted by all Member States of the European Union. This Note aims to advance this acceptance by highlighting the needs of the Member States as an important factor in refugee relocation determination.

CONTENTS

I.   INTRODUCTION
II.  PART I: A UNIFIED RESPONSE HAS PROVEN PROBLEMATIC
       BECAUSE INDIVIDUAL EU MEMBER STATES HAVE BEEN
       SEPARATELY HANDLING THE REFUGEE APPLICATION PROCESS
       A. International Refugee Law Provides Definitions that Form
          the Basis of the Discussion of the Refugee Crisis.
       B. Current EU Refugee Law and Its Inadequate State
          1. Law Requires that the EU Practice Nonrefoulement
          2. The Schengen Agreement and Its Effect on Asylum Claims
       C. The Tension between the EU Goals and EU Policies.
III. PART II: THE EU'S PREVIOUS PROPOSED SOLUTIONS TO THE
       REFUGEE CRISIS HAVE BEEN UNSUCCESSFUL DUE TO FOCUS ON
       EXTERNALIZATION.
       A. Europe has Attempted to Deal with the Crisis in
          International Waters
       B. Europe has Suggested Establishing Off-Shore Processing
          Centers
       C. Europe has Sent the Refugees to Other Countries
       D. The Quotas Approach Externalized the Problem by Abandoning
          All Standards
       E. The EU's Current Unified Plan is Not Uniformly Implemented
          by All Member States
IV. PART IIP PROPOSAL FOR A MORE COHESIVE PLAN
       A. A Uniform Definition of "Refugee" Will Remove the Disparate
          Granting of Refugee Status.
       B. Asylum Applications Should Not Be Processed Under the Policies
          of  The Dublin Convention.
       C. Reception Facilities Should Focus on Speedy Processing by
          Working with National and EU Officials
       D. An Asylum Seeker Should Be Required to Remain in One Country
          Prior to Refugee Determination, but Should Be Afforded the
          Same Citizen Rights Once Temporary Protection is Granted
       E. The Proposed Agency Should Conduct a Campaign to Promote
          Tolerance of Long-Term Refugee Residence.
       F. The Proposed Agency May Need to Allocate Additional Funding
          to "Hotspot" Locations.
V.  CONCLUSION
VI. CODA: RECENT DEVELOPMENTS

I. INTRODUCTION

In 2015, the European Union (EU) received around one million asylum applications, making it the largest European refugee crisis since World War II. (1) The EU's current policy on asylum granting has proven problematic. The EU has committed itself to creating a united plan on asylum, (2) but the structure that is currently in place, the Common European Asylum System (CEAS), is not implemented uniformly by the Member States. …

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