Academic journal article Linguistic and Philosophical Investigations

Social Rights of Asylum Seekers and Refugees in the Eu

Academic journal article Linguistic and Philosophical Investigations

Social Rights of Asylum Seekers and Refugees in the Eu

Article excerpt

ABSTRACT. The aim of the present study is to examine and evaluate EU cooperation on asylum and migration matters, the internationally guaranteed rights of refugees, and the perception of refugees as a public good. The theory that we shall seek to elaborate here puts considerable emphasis on the morality of refugee quota trading, the role of social connection in enabling integration, and the experience of migrants in the EU labour markets.

Keywords: social right; asylum seeker; refugee; EU

1. Introduction

Over the past decade, there has been increasing evidence describing the development of EU integration in asylum matters, the patterns of burden sharing within the EU, and refugee burden sharing. The paper generates insights about the development of EU cooperation on asylum matters, aspects of the reception of asylum-seekers in the EU Member States, and the shaping of EU and ENP policies towards refugees.

2. Aspects of the Reception of Asylum-seekers in the EU Member States

Rational states may not be incentivized to absorb refugees as part of a voluntary quota trading scheme (states are incentivized to accept payments for refugee protection or are willing to pay other states for refugee protection). Refugee quota trading might be considered unethical even if it succeeds in protecting refugees. International law sets the general standards for asylum processing (Nica, 2013c) within the EU. Member states can voluntarily agree to accept refugees who have received refugee status from the UNHCR. Different countries offer various levels of assistance to ref- ugees. Funds for EU countries may not be enough to encourage voluntary acceptance of asylum-seekers. States view accepting refugees as a burden, making them vulnerable to deportations. Cash transfers play some role in refugee policy, as refugee protection creates non-excludable benefits for states and non-rival benefits. Many EU states are not interested in receiving a significant number of refugees in the near future. (Gerver, 2013)

Harmonization aims to avoid refugee flows between EU Member States based solely on differing levels of protection: regional harmonization of refugee law must take place within the framework of international norms. EU citizens who are refugees must be able to have their claims assessed on the basis of international law. Obligations assumed under international human rights and refugee law must not be abrogated for "regional interest" reasons. Western States affirm the principle of asylum while devising mechanisms to prevent asylum seekers from entering their territories. Member States have devised interception and deflection strategies to prevent asylum seekers from reaching their territories, and should not retreat behind a corporate veil to pursue policies which are at odds with international refugee law. International protection is a legal duty grounded in States' obligations under international human rights and refugee law. UNHCR and the Council of Europe have a mandate to protect refugees and human rights. Those affected by the EU's restricted asylum laws tend to be affected by the limitations on freedom of movement. (McAdam, 2007)

A lower labour participation of migrant women (Bratu, 2013), higher unemployment rates (Nica, 2013a), and a high concentration in disadvantaged employment sectors and low-pay jobs can be found in most EU labour markets (labour migration policies generally focus on "economic migrants"). Cross-country differences in migration regimes may explain differences in immigrant labour market outcomes. Migration policies shape migrant patterns of labour market incorporation across the EU, influence the size and attributes of the migrant workforce relative to the jobs in demand in the economy, and tend to affect the migrant experience in the host labour market by regulating access to the labour market of the different categories of non-national workers. The socio-demographic background and other observable attributes (Georgescu, 2010) explain a part of immigrant participation and employment differentials. …

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