1 Abstract This thesis is dealing with crucial legislation of European Union in the area of asylum law, which came across considerable changes and undergone recently a sustainability test in form of so-called migration crisis. This phenomenon challenged (undermined) the foundations of common action of member states in field of asylum law and border control and could jeopardise the future of Dublin system. Despite the considerable resistance of member states to relocation mechanisms or in other words so-called mandatory quotas, these became one of the main instruments to resolve the current situation. The question remains, if this represents a step in the right direction and the proposed permanent relocation mechanism will help in dealing with crisis, side to side with further proposed secondary legislation in field of asylum law, or will deepen it. Vital is the evaluation of the current situation and to meet the objectives set out for the Dublin system, namely, in particular prevention of so-called asylum shopping and secondary movements of asylum seekers, equal treatment and non-discrimination and asylum law should as well lead to fairer liability distribution in accordance with adherence to principle of solidarity among member states. Thesis comprises of 3 main chapters. In the first chapter, attention is...

The purpose of this thesis is to describe the asylum seekers that reside in Turkey temporarily, from their own standpoint and from the viewpoint of workers and representatives working in the agencies and institutes involved in the field. This work focuses on the inconveniences experienced by asylum seekers and refugees during their stay in Turkey and the reasons of these inconveniences, in the context of social exclusion. The research for this thesis is based on the analysis of the in-depth interviews that were done with the asylum seekers, representatives and workers in UNHCR, government and in several NGOs. Relevant report by the UNHCR, and the scholarly literatures on migration and asylum and on transit migration and asylum seeking through Turkey was examined. The results of the study can be sorted as follows: Firstly, there is an increasing and visible reluctance to accept refugees in the world. Secondly, it is seen that Turkey does not have an effective asylum policy and legal arrangements on this issue. Thirdly, not only the asylum seekers but also the officers who are dealing with them face some problems. Lastly, it had been observed during the interviews asylum seekers are being excluded different ways during the period of living in Turkey.

International protection proceedings Abstract The content of this diploma thesis is a discussion of the procedural side of international protection. In order to understand this topic, it is first necessary to realize where relevant sources can be found. The sources of international law in the form of soft law will help us to understand the general principles of the area. The legal regulation valid in the Czech Republic can be found at the level of European Union legislation and at the level of national regulations of the Czech Republic. It is also appropriate to define some basic concepts. The definition of the concept of international protection proceedings with the help of the concept of a decision on international protection is absolutely essential for this work. This umbrella concept has undergone its own development in the past. The definition of the boundaries of the concept of international protection proceedings is also carried out in this work by means of the so-called other proceedings from the Asylum Act. The thesis also deals with the basic building blocks of the whole process, which are the basic principles of proceedings in matters of international protection and the fundamental rights of the applicant, which match his position during the proceedings to meet the requirements of a fair trial....

This study explores the United Kingdom’s Nationality and Borders Act’s inadmissibility criteria for asylum claims. An inadmissible asylum claim results in transferral to Rwanda to process the applicant’s claim, formalised under the Memorandum of Understanding. The study uses a normative legal method, applying international human rights law to national law to aim to determine whether the United Kingdom’s immigration law is in violation of articles 3 and 4 of the European Convention on Human Rights, as well as articles 31(1) and 33(1) of the Refugee Convention. Each article is applied respectively to sections 16 and 40 of the Nationality and Borders Act. The aim is subsequently achieved when the conclusion is reached that the Nationality and Borders Act is in breach of articles 3 and 4 of the European Convention on Human Rights, as well as articles 31(1) and 33(1) of the Refugee Convention. The results of this study highlight a discussion surrounding impermissible externalisation of asylum law, the limitations of international human rights law, and the interrelation between law and politics.

The subject matter of my thesis is the Dublin system which includes the Council Regulation (EC) No 343/2003 of 18. February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national and the Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention. The aim of this thesis is to acquaint its readers, point out the shortcomings and benefits of the existing regulation and evaluate the application of both regulations. I was trying to explain the functioning of this system with the help of the cases of ECHR and CJEU. My thesis is divided into five chapters. In the first chapter, I focused on the development of a common European asylum system before the adoption of the Regulation and then also at the Regulation itself and the objectives it observes. The second chapter is devoted to the principles and criteria for determining the responsibility of the Member State to examine an asylum application. After I mentioned the general principles set out in the Regulation, I have dealt with the actual procedure of determining the Member State. There is also...

Resumé Práce zkoumá definici uprchlíka a její výklad a aplikaci v současném mezinárodním právu. Vymezení zpracovávané látky je dáno smluvním instrumentem z roku 1951, kterým státy přijaly definici uprchlíka, Úmluvou o právním postavení uprchlíků. Zkoumána je zahrnující část definice, která říká, kdo je uprchlíkem. Za něj považujeme osobu, která (...) "se nachází mimo svou vlast a má oprávněné obavy před pronásledováním z důvodů rasových, náboženských nebo národnostních nebo z důvodů příslušnosti k určitým společenským vrstvám nebo i zastávání určitých politických názorů, je neschopna přijmout, nebo vzhledem ke shora uvedeným obavám, odmítá ochranu své vlasti (...)". Disertační práce pracuje s následujícími hypotézami: 1) došlo k posunu ve výkladu a aplikaci definice uprchlíka. Zde je zároveň sledováno, zda došlo k vytvoření nové obyčejové definice a jaký je případně její obsah; 2) došlo ke vzniku regionální obyčejové definice - a zde je opět brán zřetel na to, jaký je případně její obsah; a 3) restriktivní praxe států před a při vstupu cizince na území ovlivňují výklad a aplikaci definice uprchlíka. Text je členěn do čtyř částí. První se zabývá historickým vývojem definice uprchlíka a zkoumá, co státy ovlivnilo při formulování jejího pozitivního zakotvení. Mezinárodněprávní reakce na fenomén uprchlictví je...

The aim of the thesis is to analyse asylum law of the European Union with focus on the changes, which introduced the Treaty of Lisbon. The paper describes development of the EU asylum law, establishing of the Common European Asylum System (CAES) and changes that Lisbon Treaty introduced in comparison with the former regulation. The text also deals with the right to asylum, which is established in the Charter of Fundamental Rights of the EU. The thesis is divided into 7 chapters. In the first part of the paper the author follows historical development of the asylum law of the European Union and beginning of the harmonization until adoption of the Amsterdam Treaty. The second chapter is dedicated to the establishment of the CAES, which more than 10 years ago became main priority of the asylum policy of the EU and which aims to harmonize asylum laws of the Member States and therefore ensure a unified application not only of international, but also of European legislation from this area. Recent major changes in the structure and functioning of the European Union, which were introduced by the Lisbon Treaty, are in general outlined in the third chapter of this paper. Detailed description of changes is presented in the next chapter, which is divided into section according to the institutions. Each...

Climate change is one of the greatest challenges facing humankind and its effects will hit the most vulnerable persons disproportionately hard. Several millions of people risk displacement due to environmental hazards, natural disasters and climate mediated conflicts, influencing migration patterns across the world. Without a strategy for protecting specifically climate refugees, States risk violating several human rights, which makes the issue highly relevant to the international community. Nevertheless, an intergovernmental strategy for addressing the challenges does not yet exist. This thesis focuses specifically on the European Union’s role in protecting climate refugees. It offers an analysis of the mechanical and attitudinal dimensions of refugee protection in the Common European Asylum System (CEAS) and uses post-colonial theory as a tool for interpreting its implementation. This thesis is written with the purpose of contributing to the discourse on how climate refugees can and should fit in under current EU legislative mechanisms.

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...

This thesis explores how the concepts of sovereignty and solidarity are affected by and influence each other within the institutional framework of the European Union. It does so by conducting a case study of the border controls that were implemented in Sweden during the refugee crisis of 2015 and utilizing a theoretical framework based on the theories of Europeanisation and De-Europeanisation. The theories explain the integration and de-integration processes that can happen between supranational and national actors. Examining data in the form of policy documents from the Swedish government, the thesis employs the method of qualitative content analysis which aims at identifying the rhetoric surrounding refugees, the cooperation of Sweden and the EU, as well as border controls in a condensed time period from May to December of 2015. The thesis finds that in line with existing academic debates, sovereignty and solidarity are both ambiguous concepts that are applied in a various of contexts; the data reflects infringements on sovereignty on the basis of solidarity as well as statements claiming that sovereignty is a fundamental principle of multilateral cooperation.