Zeppelin University Martina Fernández Guinea

MIGRATION AND ASYLUM

POLICY
Governance of European Union

1. Introduction

a. Brief overview of the EU Migration and Asylum policy

2. Background of the EU Migration and Asylum Policy

a. Historical context: evolution of the policy, legal framework and key istruments

3. Analysis of the EU Migration and Asylum Policy

a. Institutional framework roles of the European Commission, Council of the Eu,

European parliament and member states

b. Stakeholders involved: NGOs, international organizations and civil society

4. Effect of the Policy

a. Impact on member states: social, economic, and political consequences

b. Public perception and media portrayal

c. Challenges and limitations faced in implementation

5. Performance of the EU in the Migration and Asylum Policy

a. Evaluation criteria: effectiveness, efficiency, coherence, and legitimacy

b. Failures and shortcomings

6. Current Developments and Future Outlook

a. Recent changes and updates in the policy

b. Prospects for reform and improvement

7. Conclusion

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a. Assessment of the overall effectiveness of the EU Migration and Asylum policy

8. References

a. Citations for sources used in the paper

1. INTRODUCTION

Migration and asylum have emerged as crucial issues within the European Union, reflecting

complex geopolitical realities and global humanitarian challenges. The EU´s approach to

managing migration and providing asylum has been subject of intense research and debate, both

within its member states and on the international stage. This paper seeks to assess the performance

of the EU in implementing its migration and asylum policy, examining its effectiveness, challenges

faced, and potential areas for improvement.

In recent years, the EU has struggled with significant migratory pressures stemming from various

factors, including conflict, poverty, climate change, and demographic shifts. These dynamics have

underscored the need for a comprehensive and cohesive approach to migration management and

asylum provision among EU member states. Central to this approach is the EU´s commitment to

upholding its values of solidarity, respect for human rights, and the rule of law, while also

addressing the legitimate concerns of member states regarding security and socio-economic

implications.

2. BACKGROUND OF THE EU MIGRATION AND ASYLUM POLICY

a. Historical context: evolution of the policy, legal framework and key instruments

This policy is based on several key instruments and agreements since the entry into force of the

Treaty of Amsterdam in May 1999. That same year in October, the Common European Asylum

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System (CEAS) was proposed a three phase plan. Its principles are based on the 1951 Convention

Relating to the Status of Refugees and agreement founded on the Universal Declaration of Human

Rights, being the government the main institution in the regulation of situations with refugees,

who is required to preserve the rights and freedoms of internally displaced persons and refugees.

These laws were established to prevent European Union Member States from returning individuals

back to where they came from at risk of persecution and to provide international protection to those

granted refugee status under the provisions of the law.

The main key to the Asylum and Migration management Regulation is the institution of a new

solidarity mechanism between the member states. This means, either, relocating migrants,

financial contributions, deployment of personnel or measures focusing on capacity building.

The measures implemented after the Amsterdam Treaty in 1999 were centered around the

implementation of Dublin II Regulation, which revamped the original Dublin Convention

(CITAR), an agreement between governments dating back to 190 that operated independently from

the European Union. By 2005, all the laws from the initial phase had been put into effect.

In June 2008, the European Commission introduced the Policy Plan on Asylum, prompting

revisions to the initial phase´s legal measures. The updated directives and regulations were fully

implemented by 2013. Additionally, during the second phase, the European Asylum Support office

was established.

Between may and July 2016, the European Commission put forward new laws for the third stage

of the Common European Asylum System, promoted by the events of the 2015 European migrant

crisis.

b. Legal framework: directives and regulations

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The European Union's migration and asylum policy falls under the umbrella of freedom, security,

and justice. It is established to develop and standardize principles and measures across European

Union member countries for regulating migration processes and addressing asylum and refugee-

related matters within the European Union.

3. ANALYSIS OF THE EU MIGRATION AND ASYLUM POLICY

a. Institutional framework roles of the European Commission, Council of the Eu,

European parliament and member states

In 1993, the Treaty of Maastricht integrated asylum cooperation into the EU´s structure, moving

it from intergovernmental to institutional. The Council took the lead, engaging the Commission

and updating Parliament on asylum actions. Notably, the Court of Justice of the European Union

(CJEU) has no authority over asylum issues. Additionally, the Treaty of Amsterdam allowed the

Council, after five years, to shift the normal codecision process and make decisions via qualified

majority vote.

Even though EU countries have a shared responsibility to welcome asylum seekers in a dignified

manner, ensuring that they are treated fairly and their case is examined following uniform

standards asylum flows are not constant, not are they evenly distributed across the EU. They have

variated form over 1.8 million in 2015 to around 142,000 in 2019, a decrease of 92% (Affairs, s.f.)

In 2020, responding to a request from the European Parliament, the European Commission

suggested a set of reforms to restructure the current system. These reforms were structured around

three core pillars:

1. Streamlined asylum and repatriation processes.

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2. Enhanced solidarity and equitable distribution of responsibilities.

3. Reinforced collaborations with third-party nations

The role of the Council in these policies is strong and increasingly prominent, as it coordinates in

collaboration with the member States operations aimed at controlling migration and combating the

criminal networks that promote these migratory movements. Thus, according to the European

border and Coast Guard Agency (Frontex), more than 90% of illegal migrants arriving in the EU

come from these criminal networks.

However, following serious migratory incidents and problems caused by natural disasters in 2013,

the Council developed the so-called Integrated Political Crisis Response Mechanism (IPCRM), a

system that monitors events through certain phases and established responses to them. In the event

of a crisis, the Presidency of the Council convenes EU institutions and the potential affected

member States, and activates the mechanism if necessary according to the severity of the situation.

b. Stakeholders involved: Iinternational organizations and civil society

As this is such a delicate issue to manage, there are many agencies, actors, and funds involved in

this cause. The European migration crisis of 2015 culminated in the establishment of the European

Asylum Agency in 2022, which aimed to promote better confluence of asylum and reception

practices among the different member states. This agency replaced the European Asylum Support

Office (EASO).

Furthermore, there is the European Union agency, designated as the European Border and Coast

Guard Agency (Frontex), which provides technical equipment and border guards.

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Finally, the Asylum, Migration, and Integration Fund is a financing program managed by the

Directorate-General for Migration and Home Affairs of the European Commission. Its main

objectives are:

1. To strengthen and develop the establishment of the Common European Asylum System

(CEAS).

2. To promote the integration of third-country nationals and finance the relocation of those

not accepted who are not members.

3. To ensure fair returns to stop illegal immigration.

4. To increase solidarity among member countries with a distribution proportional to their

exposure to migratory flows.

4. EFFECT OF THE POLICY

a. Public perception and media portrayal

In 2022, almost 3.7 million new residence permits were issued in European Union Member States,

compared to 2.9 million in 2021. As in the beginning of 2022, there were 23.8 million non Eu-

citizens residing in the EU, representing 5.3% of the 27-nation bloc´s 447 million inhabitants. ¾

are divided in Germany, Spain, France and Italy. If people with EU citizenship are included, there

are now 38 million people born outside the EU living in it, or 8.5% of the population.

Despite the remarkable rise of far-right political parties, denouncing irregular immigration, Ola

Henrikson, the regional director in Brussels for the International Organization for Migration,

emphasizes that irregular immigration figures, although headline news, should be put into

perspective. She demands comparing Europe's figures to the estimated 281 million migrants

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worldwide in 2020 and the 36.4 million refugees in 2023. Of this total, the overwhelming majority

travel by safe means and follow regular routes.

5. PERFORMANCE OF THE EU IN THE MIGRATION AND ASYLUM

POLICY

a. Evaluation criteria: effectiveness, efficiency, coherence, and legitimacy

Member States and the EU share competences in migration policies. Common rules can be found,

followed by development rules in each member State, so not all migration rules and policies are

the same among different member States, and there is no EU institution responsible for processing

asylum requests. Basically, migration to and within Europe is regulated by a combination of

national laws, EU legislation, and other international obligations undertaken by Eu Member States.

All this leads to uneven compliance by the States, resulting in a large number of infringement

procedures by the European Commission against the Member States, mainly motivated by the

issue of managing sovereignty in these aspects.

b. Failures and shortcomings

In the case of policies, we encounter three main types of infringement of EU legislation:

1. Failure to notify: when a Member State fails to notify the Commission in a timely manner

of the measures it adopts to transpose a Directive

2. Non-conformity or non-compliance: when the Commission considers that the legislation

of a Member State does not comply with the requirements of EU legislation

3. Incorrect application of misapplication: when national authorities do not correctly apply

Union law or do not apply it at all.

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Thus, the main Directives affected are those on asylum procedures, the Directive on reception

conditions, and the Directive on return, affecting virtually all EU Member States.

6. CURRENT DEVELOPMENTS AND FUTURE OUTLOOK

a. Prospects for reform and improvement

Regarding migration policies, the Commission proposes four aspects for both the medium and

long term: reducing incentives for irregular immigration; managing borders to save lives and

ensure security; developing a stronger common asylum policy; and establishing a new legal

immigration policy through the modernization and revision of the blue card system, the

determination of new priorities in integration policies, and the optimization of the benefits that

migration policy provides to individuals and countries of origin.

Additionally, the idea of creating relocation and resettlement schemes was outlined, the approach

of so-called “hotspots” was announced, where Union competent agencies would work on the

ground with member States to identify migrants, and the possibility of carrying out an intervention

in the Mediterranean to eliminate trafficking networks and, consequently, combat human

trafficking was also raised.

7. CONCLUSION

The Treaty of Amsterdam meant that the EU would have more social policies, which at the time

represented the beginning of the current policies that concern us. The economic crisis has not

helped these policies to develop in an adequate manner, and the difficult cohesion and unity of

action has been weakened not only in the acts at the EU level as a supranational organization but

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also in the complicated implementation of policies, which, as has been proven, accumulate

significant legal gaps among all Member States.

It seems clear that the EU has not managed to bring its partners together to establish a common

front regarding this issue. However, the increasingly strong role of the European Commission must

be praised, as it exercises its role as guardian of the Treaties in an exemplary manner, not hesitating

to initiate countless infringement procedures that have forced the member States to improve their

incorrect or non-application of European derived law.

In conclusion, the EU´s migration and asylum policy represents a complex and multifaceted policy

area with far-reaching implications for the EU´s internal cohesion, external relations, and global

reputation.

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8. REFERENCES

1. https://home-affairs.ec.europa.eu/policies/migration-and-asylum/common-european-

asylum-system_en

2. https://home-affairs.ec.europa.eu/policies/migration-and-asylum/common-european-

asylum-system/statistics_en

3. https://seguridadinternacional.es/resi/html/las-politicas-de-migracion-y-asilo-en-la-union-

europea-y-sus-problemas-de-aplicacion-en-los-estados-miembros/

4. https://www.consilium.europa.eu/es/policies/ipcr-response-to-crises/

5. https://commission.europa.eu/about-european-commission/service-standards-and-

principles/ethics-and-good-administration/good-administration_en

6. https://www.acnur.org/es-es/trata-de-personas?query=trata%20de%20personas

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