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

By Katz, Sarah | Case Western Reserve Journal of International Law, Spring 2017 | Go to article overview

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


Katz, Sarah, Case Western Reserve Journal of International Law


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. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

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

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.