Šio darbo tikslas yra ištirti ES prieglobsčio politikos įgyvendinimą Lietuvoje instituciniu ir teisiniu aspektais. Darbe yra tiriama ES prieglobsčio politikos teisinė bazė, išskiriant pagrindinius šią politiką reglamentuojančius teisės aktus ir įgyvendinančias institucijas. Taip pat yra atliekama dabartinės Lietuvos prieglobsčio politikos situacijos analizė bei nagrinėjama kaip Lietuvoje yra harmonizuojami be įgyvendinami ES prieglobsčio politikos teisės aktai. Empiriniu tyrimu buvo siekiama įvertinti ES prieglobsčio politikos įgyvendinimo Lietuvoje institucinės ir teisinės bazės probleminius aspektus. Šiuo metu yra įgyvendinamas antrasis BEPS kūrimo etapas, kuriuo yra numatyta iki 2015 m. liepos mėn. galutinai suvienodinti ES valstybių narių prieglobsčio sistemas. Lietuvos narystė ES nebuvo reikšmingas kriterijus pabėgėlių srautų padidėjimui šalyje, Lietuva tapo patraukli kaip tranzito valstybė. Didžioji dalis ES prieglobsčio direktyvų nuostatų atsispindi UTPĮ, tačiau jų yra ir poįstatyminiuose teisės aktuose. Dalies ES prieglobsčio direktyvų nuostatos yra perkeltos teisingai, tačiau kai kuriose srityse direktyvos turėjo neigiamą poveikį, ypač dėl papildomų pabėgėlio statuso netaikymo ir pasibaigimo nuostatų. Vertinant iš kitos pusės ES prieglobsčio direktyvų įgyvendinimas turėjo teigiamą poveikį, kaip, pavyzdžiui, nemokamos teisinės pagalbos prieglobsčio prašytojams įteisinimas, įvestos platesnės galimybės pasinaudoti švietimo ir sveikatos apsaugos sistema ir pan... [toliau žr. visą tekstą] / The aim of this paper is to analyse the implementation of EU asylum policy in Lithuania by institutional and legal aspects. This paper analyses the legal basis of EU asylum policy, marking the main laws which regulate EU asylum policy and its implementing institutions. It also examines the current situation of Lithuanian asylum policy and how the legal basis of EU asylum policy is harmonized and implemented in Lithuanian system. The empirical research was aimed at evaluating the problemical aspects of institutional and legal basis in the implementation of EU asylum policy in Lithuania. At the moment the second stage of common EU asylum policy system is being exercised. In conformity with it, the main asylum system procedures in EU member states should be equalized by July 2015. Lithuania‘s EU memebership was not a significant criterion for the increase of refugees‘ flows in the country but Lithuania has become attractive as a transit country. The main part of the provisions of EU asylum directives reflect in the law on the legal status of foreigners, though they also reflect in secondary legislation acts. The most of provisions are transfered correctly, however in some areas directives has had a negative impact, especially concerning the provisions about additional refugee status. On the other hand, the implementation of EU asylum directives has provided a positive effect in such areas as the validation of free legal assistance to asylum seekers, introducing wider... [to full text]

The overall aim of the thesis is to explore legislators’ perceptions of unaccompanied children in the development of migration law, and how case-officers transform the policy in arguments for and against residency in asylum-cases. More specifically, this thesis explores how Swedish legislators experienced parliamentary work when putting in place the 2005 Aliens Act and the new system for appeals and procedures. In addition, it explores legislators understanding of the concept of unaccompanied minors, and how the Swedish Migration Agency (SMA) case-officers understand unaccompanied minors’ credibility. It draws on interview data with 15 legislators of the Swedish parliament and an analysis of 916 decisions in asylum cases concerning unaccompanied minors. The thesis is theoretically informed by interpretative phenomenology and social constructionism. The method used builds on detailed coding procedures in qualitative social research as they are applied in interpretative phenomenological analysis (IPA), thematic analysis and text analysis. Study 1 examines the experiences of 15 legislators when negotiating migration reform in parliament. The findings indicate that the preceding political negotiations can be one of the reasons for unclear aims when politicians’ propose new legislation. In addition, it seems that other policy areas, such as fiscal considerations and state-municipality relations, took precedence in the negotiations when the legislators were attempting to make sense of their experiences in discussing asylum policy. Study 2 explores legislators’ perceptions of unaccompanied minors arriving in Sweden. The findings show that chronological age is a key reference point concerning how legislators understand unaccompanied minors’ claims for asylum and other needs. In addition, the findings suggest that legislators perceive unaccompanied minors as an ambivalent category and that this understanding is influenced by deep-rooted welfare ideology. Furthermore, the findings indicate that legislators develop policy concerning unaccompanied children without considering that they need to be recognised as individuals with different backgrounds, agendas and needs. Study 3 scrutinises how SMA case-officers construct unaccompanied minors credibility in asylum decisions. It shows that case-officers use similar techniques both when approving and rejecting decisions. These techniques consistently question the competence and political agency of the chid in such a way that the element of individual assessment in asylum procedure can become severely restricted. In brief, this thesis identifies that the connection between migration and child policy is complex as legislators appear to struggle with “drawing the limits” of who to include or exclude in policy aims. Hence, the juridical field was seen as the answer to improve legitimation. This also means that the concept of asylum has become de-politicised. In addition, case-officers also seem to use a limited repertoire of arguments when drawing the limits for unaccompanied minors’ credibility in asylum decisions. This thesis points to possible dilemmas in asylum policy and procedure concerning unaccompanied minors. / <p>At the time of the doctoral defense, the following papers were unpublished and had a status as follows: Paper 1: Accepted. Paper 3: Manuscript.</p>

Turkey has been among a limited number of states that signed the 1951 Convention Relating to the Status of Refugees and adopted the geographical limitation / furthermore, among a very few number of states that still maintains this limitation. The aim of this thesis is to analyze the significance of geographical limitation and what has brought the changes to Turkish asylum policies in respect of this reservation. Turkey is expected to abolish the geographical limitation during the European Union harmonization process. In this thesis furthermore, the role of the European Union within this process will be put forward.

面對此次難民危機的挑戰，歐盟無法團結一致推行共同的難民庇護政策，反而造成各國內鬨爭端；整體而言，歐洲各國的難民庇護政策大致呈現緊縮的態勢，於此，本文試圖進一步探索：什麼因素促使反難民情緒逐漸高漲，進而影響難民庇護政策轉趨緊縮？其中，又有哪些面向對政策轉變具有顯著的效果？本文以德國、法國與奧地利為研究個案，聚焦國內經濟、文化與安全三大面向，試圖理解衝擊人民心理與情緒的社會焦慮，並提供一項更細緻的觀察與解釋。 本文發現，此次難民危機前，焦慮因子早已深埋各國社會之中，人民的經濟不安全感在歐債危機與撙節政策的衝擊下日漸加深，同時各國社會也為日益加劇的種族緊張關係所苦，而此兩項經濟與文化的焦慮因子是生成反難民社會焦慮的關鍵因素。難民危機期間，大批難民湧入衝擊人民的心理與情緒，不僅誘發並催化經濟與文化的焦慮因子，同時也帶來安全上的擔憂與威脅，催化各國的反難民社會焦慮，進而使各國的難民庇護政策轉趨緊縮。 / Faced with the refugee crisis, the EU had not only failed to come up with a common asylum strategy, but been plagued by increasing disputes among its Member States. The asylum policy of individual states had, in general, become more and more restrictive as the refugee crisis intensified. In order to understand the domestic factors contributing to the surge of anti-refugee sentiments, I take Germany, France and Austria as the cases and examine the dynamic developments of anti-refugee sentiments as well as the restriction-oriented asylum policy reforms that followed. The existence of the agents of societal anxiety in European countries predated the refugee crisis. Prior to the European debt crisis, the sense of economic insecurity was already palpable. The implementation of austerity policies greatly enhanced this sense of insecurity. Meanwhile, ethnic tensions or even conflicts were chronic in western European countries. These two agents of societal anxiety turned out to be significant factors in explaining the surge of anti-refugee sentiments. Furthermore, during the crisis, the sudden mass influx of refugees also had an impact on people’s perceptions and sentiments. Not only did it trigger the economic and cultural agents of societal anxiety, but also brought about the perceived security threat as well. Eventually, the anti-refugee sentiments, catalyzed and reinforced by these dynamics, contributed to restrictive asylum policy reforms.

This thesis addresses asylum policy from an ethical perspective. The research question is whether the asylum policy of the EU and Czech Republic needs to be as restrictive as it is at the moment. The thesis examines several theoretical approaches to asylum policy, with emphasis in ethical issues. From this perspective, the humanitarian principle is drawn and subsequently applied to the current EU and Czech asylum policy. The hypothesis is that it is possible to adopt a more flexible and open asylum policy in the EU and Czech Republic, with very limited impact on the national and supranational expenditures. The core part of the thesis presents a critical evaluation of EU and Czech asylum policy. The aim of the thesis is to elaborate specific practical recommendations for the future development of the EU and Czech asylum policy.

The diploma thesis deals with the asylum policy of the Christian Social Union in Bavaria (CSU) in the period of two migration crises, i.e., in 1990-1993 and 2015-2017. Since the 1980s, the party has profiled itself as a major advocate of national interests in an effort to limit the high influx of immigrants and refugees, arguing not only by the enormous financial burden and frequent abuses of asylum law for the economic benefit of refugees. In response to these arguments, CSU made an asylum compromise in the early 1990s, an amendment to the Basic Law that defined the conditions under which a politically persecuted person can invoke the right to asylum, which is still part of German asylum law. However, since 2013, the German media has begun to pay attention to the CSU's friendlier rhetoric in the areas of migration and asylum, especially regarding the statements of the new Bavarian Minister of Labour, Social Affairs, Family and Integration, Emilia Müller. The text of the diploma thesis outlines the CSU's asylum policy approach in the background of both migration crises. Based on the analysis of official documents and party's periodical called Bayernkurier, the thesis states that there is a partial shift of Christian social rhetoric in the asylum policy of CSU. In conclusion, the thesis is devoted...

This thesis aims at the development of the Czech asylum policy from the year 2000 to the year 2016. Asylum policy is an area that isn't in the center of the public concern for most of the time and only few actors take part in this policy. However, we can say that currently, because of the events such as the refugee crisis, the asylum policy is becoming a very ongoing topic and plays a crucial role in the public discourse. For this and other reason, in this thesis I am researching the development of asylum policy, explanation and description of changes that have happened. The development of asylum policy in the period is analyzed first the terms of practical changes, that are caused by the legislative or important events. This consists of the identification of particular periods, as well as their characteristic features. The analysis is also made in the theoretical perspective: Punctuated Equilibrium Theory (PET) and frame theory are used. The PET is suitable for explaining changes in the policy process, that can possibly occur after long periods of stability. Framing is an important feature of the PET. For the purpose of this thesis, framing is also used as a method of analysis of the negotiations in the parliamentary debates that concern the legislative of the asylum policy. The frames that are used...

Following the political changes induced by the fall of the Communist regimes across Eastern Europe, the Czech Republic, Slovakia, Hungary and Poland embarked on the road of economic liberalization and democratization. This process was formally concluded with the so-called Visegrád countries' accession to the EU in 2004. However, in relation to the refugee crisis the Visegrád countries emerged within the EU united in their opposition to comply with the so- called mandatory refugee relocation scheme. The position of the Visegrád countries evoked not only significant media attention but also academic inquiry on the securitization of asylum policies in the Visegrád region. This research analyses the Europeanisation of the asylum policies in the Visegrád countries in three periods: 1. the early years of democratic development 2. The harmonization of policies leading up to EU accession and 3. The development of related policies after EU accession. The Europeanisation of asylum policies coincide with the development of the Common European Asylum System and the deepening of EU legislative powers in the field of asylum policy. The author concluded that the field of integration policy where Member States retain significant authority has become a strict control mechanism of limiting displaced person access to...

When managing the reception and relocation of refugees within the EU, it is unsurprising that negotiating common policy and burden-sharing schemes are complex, contentious tasks (Thielemann 2003; Naurin 2015). Indeed, the individual geographic, political and economic positioning of member states are reflected in larger power dynamics within the EU, further complicating resolution on solidarity initiatives in asylum policy (Duarte and Pascariu 2017, Basile and Olmastroni 2020, Bauböck 2018). Within this thesis, I argue that these power dynamics are evidenced along EU core and periphery lines (i.e., states with external borders and those with primarily internal borders) and within negotiation discourses (Jäntti and Klasche 2021; Zaun 2018). By conducting a critical discourse analysis (CDA) with statements from the French and Greek national parliaments, as well the EU Commission statement, this project is able to pursue a comparative analysis of discursive approaches and highlight differences in discourses and power positionings. This, in turn, can also help us to examine why standstills in asylum policy negotiation proceedings persist. The structure of this thesis is in line with previous research which has examined how power and agency of member states is constructed through linguistic framing (Mainwaring 2014), and literature investigating complications that emerge with common immigration policy within the EU and the supranationally (Omelaniuk 2012, Hampshire 2013, Bauböck 2018).

The Common European Asylum System (CEAS) has been in a constant state of development since its conception in 1999, however the 2015 European refugee crisis demonstrated the need for several adjustments to be made. Since then, engagement between the European Union and Member States over what the future of this system could look like has increased. This thesis builds on existing Europeanisation and de-Europeanisation research by operationalising these concepts to use as lenses through which to view the EU’s engagement with the Swedish state over the sovereignty and responsibility and border management aspects of the CEAS following the peak of the 2015 refugee crisis. Employing data in the form of policy documents and speech transcripts from the Swedish Ministry of Justice and the EU, this thesis conducts a qualitative content analysis to examine the discourse between the two actors and determine whether or not dynamics of Europeanisation or de-Europeanisation can be identified. The results of this study conclude that dynamics of Europeanisation can be identified in the engagement between the Swedish Ministry of Justice and the EU over the solidarity and responsibility aspect of the CEAS while dynamics of de-Europeanisation can be identified in relation to discourse surrounding border management.